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Notarizing signature on a U.S. document


Lucylynn

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US consulate in Guad. Check for hours.

US consulate in Visit to LCS. Once a month.

Check to see if they will accept a Mexican Notary if no than US consulate it is. Note US consulate is expensive for this service.

Normally a Notary is given a State License which is only good in that State not in Mexico contrary to what some folks say here.

If you use a US State Notary here for a will and someone finds out in your family they could contest the will. A Notary will not

say it is signed in Mexico. They will say it is signed in the state they are licensed in. That's how you know it is not legal.

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I can only tell you that when I sold my home in the U.S. less than two years ago the Bank of America refused to accept an American notary unless it was notarized in the state that they had a license in. The U.S. consulate --where I had to go--affirmed that this is in fact the case. If you don't believe it why not contact the Consulate when they come to LCS? Get it notarized outside the state of the notary, have a problem and then see what happens. Especially for a will when you have--should I use the word--greedy relatives. My partner's mother is a notary in Pennsylvania and she says the same thing.

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I forgot to say that I have no knowledge of the legality of using a Mexican Notarios. If the foreign entity you are dealing with accepts a Mexican Notario then I would have no problem using one--convenience! The price, of course, would play a part in that decision, too. I'd have asked the Bank of America if they would have accepted it but I was unaware of that. Thanks RVGRINGO for that information,.

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I just closed on some property in the US last Month and needed to notorize the closing papers. I used Yvonne Jensen. 766-2931 who lives behind Superlake.

I've read a lot of responses here on the forum that it's not legal, etc.

I talked to my closing Attorney in the US and he advised to go ahead and use an Ex-pat who has a US Notary stamp.

All you are doing is verifying the signature and there would be no legal problems unless someone contest your signature .

It worked for me. I closed in one day and the buyer and seller are happy.

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No such thing as a US notary stamp except for the US Consulate. Stamp is connected to state and with few exceptions can only be used in that state. Bet all these notaries down here don't sign that it was signed in Mexico. They sign it that it was signed in the state of there notary powers. A notary is suppose to be an uber honest person. Lying does not endear them to other Notaries whom follow the law. Runs from these folks unless you don't care if your document is legal. Your will can be contested by family member who knows you were in Mexico on the date when the notarized document says you were in California if that's where the notary has a stamp for example.

My sources are my wife who was a Lawyer in Califonia , Notary and Mobile Notary in Oregon, and a Real estate broker in Oregon. Use a Mexican Notary if permitted or go to the US consulate if it is the least bit important to you.

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Thanks to all for your comments. I am hoping to not need to sign the document until I get back in the States, but am only considering a US notary in Mexico because it's just a form allowing my mother, the co-representative of my uncle's estate, to sign for me in my stead. Very little risk of any trouble, as I trust my mother completely. Agreed - if it was anything more significant than this, I wouldn't be considering signing it in Mexico. Sounds like the only legitimate way to get this done is at the US Consulate. Again, thanks!

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The easiest way is to simply stop at the nearest notaria and have the notario do it. It is legal, by treaty, whether the folks up north like it or not. Why so resistant?

When a notarized signature is contested doesn't the notary have to produce his book and proof of witnessing the signature along with the IDs of the person in court? Wouldn't that be a very expensive problem if a person used a Mexican Notario, and he had to pay the Notario's his transportation and expenses to the U.S.?

It might never happen but people who contest signatures can latch onto that and cause some expensive problems. I doubt they would force the consulate notary to appear or doubt the authenticity of the signature.

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If it isn't legal it is wrong. That's the point. It's a character issue. Do you do something wrong (illegal) because it is expedient or do you do the right thing (legally) all the time. Do you do something illegal because you can get away with it or do you have a backbone and do the right thing because it is the right thing to do?

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This topic comes up quite often.

So often that I keep an upadte Word document about it and periodly contact USA State Notary Associations to see what the current rules are.

I contacted by e-mail the State licensing agency for Notary Republic in the states of:

Nevada, New York State, California, Michigan, New Jersey and Texas. .. .
Just looked it up again North Dakota, who replied that there is some kind of reciprocity [ sp? ] between North and South Dakota on occasion. There is also a special agreement between New York & New Jersey. The provision is that the notary must be a legal resident of one of these two States, and, file state taxes in that state .

This is the common provision with states that have been checked - the notary must be a resident of the state where the notary license resides.

I asked a general question about US notary performing notary actions within the country of Mexico.
Each individual State License agency said without a doubt, that a US Notary licensed in that specific state,

can only perform their notary action/activity within the physical boundaries of their licensing state.

When completing the paperwork, it is being sworn by that US Notary, that the paperwork/signing is

occurring within that licensed state. Each state requires that the notary is to have a bond, a seal and forms to be completed to state that this transaction was completed.

I asked the same question of these above named states Notary Associations:

Can a notary licensed in your state perform notary functions/ actions in Mexico ?

All replied: no . New York State and Texas were even more “firm” in their reply to my general question .

They replied, no, and even offered to sent a complaint form to be submitted if needed , and stated that a person

who might be performing any notary function / action outside their licensed jurisdiction [ state boundaries]

might be consider: an act of fraud, become a felony action resulting with a fine, or possible revocation of the person’s notary license, etc..

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We needed a U.S. Document notarized and went to notario Enrique Ramos who did the closing of our home here in Mexico. The charge was 1000 pesos!!! He said ALL notarized documents have to be filed in Chapala and that is his charge. Notarizing a document here in Mexico is not just a stamp and signature like in the U.S. Just and FYI

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