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Since you are a newbie, you may not know that using a US notary outside of their jurisdiction is illegal and the resulting document could be declared invalid anytime in the future and come back to bite you. The notaries know this, but are greedy.

Use a Mexican Notario. It is perfectly legal, by treaty, and will be accepted. Otherwise, a federal consular official in Guadalajra can notarize for you. Those are your only two legal options. The consulate requires an appointment.

We have used local Notarios for real estate and other transactions in the USA with perfect success.

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I have sold a lot of properties in the states using a Mexican notario and have a had no problems. They are covered under a treaty as RV said

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Given the huge functional distinction between a Notario and a Notary Public is a Notario really the only option to perform the equivalent service as a Notary Public? It just seems like overkill to have to use a Notario for a function commonly performed by non-professionals NOB. Can nobody else perform this service SOB?

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Thank you. This is for a real estate transaction and there is some confusion about using a notario.

Can you explain the confusion?

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Given the huge functional distinction between a Notario and a Notary Public is a Notario really the only option to perform the equivalent service as a Notary Public? It just seems like overkill to have to use a Notario for a function commonly performed by non-professionals NOB. Can nobody else perform this service SOB?

Either a Notario or Consular officer. There are no other options.

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As I mentioned before, when I sold a home in Florida and I was in Mexico, the closing attorney for the title company said to either go to the US Embassy/Consulate or come to the closing. They must not be a party to some treaty. You know, anything can be bought in Mexico and the world knows it.

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When I got my passport some months ago, the people that came to Ajijic (LCS) could do notary, I think. They said something about if you needed a notary, they would do it after the passports were processed.

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US Consulate coming next Wednesday to lakeside area. Benefits for using consulate notary services are that no apostille may be required, some people require apostiles when Mexican notaries stamp papers.

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You are not clear (to me, anyway) whether this is a eal estate transaction in Mexico, or NOB. IF it is in Mexiso, the only person who can complete the final documents is a Notario Público. IF NOB, better get the US (Canadian) consular people involved.

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A Mexican Notario is perfectly legal for any document in Mexico or the USA, Canada, etc. Here is language typical from a US state legislature regarding this topic:

(a) In this section, “foreign state” means a government other than the United States, a state or a federally recognized Indian tribe.

(B) If a notarial act is performed under authority and in the jurisdiction of a foreign state or constituent unit of the foreign state or is performed under the authority of a multinational or international governmental organization, the act has the same effect under the law of this state as if performed by a notarial officer of this state.

© If the title of office and indication of authority to perform notarial acts in a foreign state appears in a digest of foreign law or in a list customarily used as a source for that information, the authority of an officer with that title to perform notarial acts is conclusively established.

(d) The signature and official stamp of an individual holding an office described in subsection © of this section are prima facie evidence that the signature is genuine and the individual holds the designated title.

(e) An apostille in the form prescribed by the Hague Convention of October 5, 1961, and issued by a foreign state party to the Convention conclusively establishes that the signature of the notarial officer is genuine and that the officer holds the indicated office.

(f) A consular authentication issued by an individual designated by the United States Department of State as a notarizing officer for performing notarial acts overseas and attached to the record with respect to which the notarial act is performed conclusively establishes that the signature of the notarial officer is genuine and that the officer holds the indicated office.

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I've used a Notario to witness British Columbia mortgage release documents for property. Apparently some places NOB won't accept this so best to check with the party NOB to see if it is acceptable to them.

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Many NoB are not aware that using a Notario is legal, allowing their arrogance to deny any Mexican authority to certify a document. You might ask them to consider the fact that it is legal by treaty and that they could certainly confirm that, if they wished. To ask you to attend a closing thousands of miles away, or to even travel to Guadalajara, when legal notarias are available locally, is absurd.

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I am being told that even if I use a notario that I will still have to go to the consulate and have the documents apostilled.

By whom? That's pure jive.

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Here is language typical for a US state regarding this topic. Yes, an apostille could be requested, but we never had to do that:

(a) In this section, “foreign state” means a government other than the United States, a state or a federally recognized Indian tribe.

(b If a notarial act is performed under authority and in the jurisdiction of a foreign state or constituent unit of the foreign state or is performed under the authority of a multinational or international governmental organization, the act has the same effect under the law of this state as if performed by a notarial officer of this state.

© If the title of office and indication of authority to perform notarial acts in a foreign state appears in a digest of foreign law or in a list customarily used as a source for that information, the authority of an officer with that title to perform notarial acts is conclusively established.

(d) The signature and official stamp of an individual holding an office described in subsection © of this section are prima facie evidence that the signature is genuine and the individual holds the designated title.

(e) An apostille in the form prescribed by the Hague Convention of October 5, 1961, and issued by a foreign state party to the Convention conclusively establishes that the signature of the notarial officer is genuine and that the officer holds the indicated office.

(f) A consular authentication issued by an individual designated by the United States Department of State as a notarizing officer for performing notarial acts overseas and attached to the record with respect to which the notarial act is performed conclusively establishes that the signature of the notarial officer is genuine and that the officer holds the indicated office.

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On most real estate transactions the title insurance companies are the ones calling the shots, not the Dept. of State or some forum know-it-alls.

"With the increase in foreign national persons buying and selling real estate (especially here in South Florida) the need is increasing for a deed, power of attorney, or even a bank mortgage package to be notarized in a foreign country. Here are some basic guidelines to be aware of and plan for:

The only foreign notary accepted in the United States is from Canada. All others must be performed at the American Consulate in the foreign country or in the presence of an Apostille in which the signing party is physically located."

http://activerain.com/blogsview/1879345/having-documents-notarized-in-a-foreign-country-

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Title insurance companies are nothing but for-profit private firms with no authority to ignore International Law. I would fax a copy of the law the manager of the Title Company just on general principle. And maybe the bimbo writing the blog as well.

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Title company should accept it if the county will record it so if the recorder says ok then the title company should be fine although in practice safest bet is to use the US Consulate as it is hard to dispute them

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In this instance one needs to deal with reality not law. Many many institutions in the US being banks, insurance, government wonks will refuse to accept a Mexican notary. In most cases they don't know better. Part of the reason is they are not use to dealing with anything international and they find it difficult to be flexible and do research. Easier to say NO. No penalty for them right? Its like dealing with a major rental car company when we wanted to rent a car in the US and asked if we could use our Jalisco license. The answer from clerk and manager after escalation was only if the license wasn't in Mexican. This is how ignorant many folks are about other countries especially mexico.

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