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January 5, 2012

Can a notary sign an out of state Quit Claim Deed?

Can a notary sign an out of state Quit Claim Deed? 

One of the search terms we found in our blog stats was as follows:
Can a NY notary sign a Florida Quit Claim Deed?
 
Any notary in the United States can notarize a signature on a Quit Claim Deed from any state.  However, there is a catch!  Quit Claim Deeds have always used Acknowledgment verbiage / Acknowledgment wording in my experience.  Acknowledgment verbiage might differ from state to state.  So, the important point to remember is that the notary wording or notary verbiage should match the state where the document is going to be RECORDED.  If the document will be recorded in Florida, please make sure to use Florida notary verbiage.  If the document is going to be recorded in Texas, then use Texas notary verbiage. 
 
Another small point is that notary verbiage sometimes gets changed over time, so you need to make sure you are using 2011 or 2012 notary verbiage for the state where the document is to be recorded.  County recorders are the office that typically records deeds of various kinds.  They can sometimes be very picky.  Make sure your notary seals are very clear and not smudgy if you are submitting notarized documents to the county recorder!
 
Summary:
(1) Notary verbiage must match the state where the document is going to be recorded
(2) Any notary in the United States can notarize a Quit Claim Deed, Grant Deed, Warranty Deed, or any type of Deed for any state

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http://blog.123notary.com/?p=1912

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http://blog.123notary.com/?p=20785

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7 Comments »

  1. Nonsense. Acknowledgement wording should follow the wording of the notary’s state. California’s provision that the wording required in state where the deed will be recorded may be used is unnecessary. I defy you to find a law in any state that dictates what wording an out-of-state notary must use.

    Comment by g — January 5, 2012 @ 4:35 am

  2. Not only is G totally correct; but the notary need not be in the US. It can be notarized in any country as long as an Apostille is attached.

    Comment by Kenneth A Edelstein — January 5, 2012 @ 1:53 pm

  3. Both of the above comments are correct. The original blogger is way, way off base. Each Notary Public must obey the laws of the state in which the signing takes place.

    Remember, you are responsible for knowing your state’s laws. Do not be mislead by nonsense such as was Posted here! Not everyone who has a blogis an expert.

    Comment by Ernest — January 5, 2012 @ 9:07 pm

  4. WOW, the three comments here from G, Kenneth and Ernest above all seem to be missing the point. I want to make clear that I do not know the blogger and I am not responding in defense of him/her, but you three people have missed the point entirely. Yes, techically the Notary should follow his/her own state notary rules regarding acknoweldgment, etc. That is all good and dandy and yes you have a point, but what in the hell are you going to do when the other state rejects your Deed? You going to call them up and tell them what your state notary rules say? You are dealing with state workers who don’t give a fat apple about your states’ notary rules or apostille. Those state workers will happily reject your deed and make you look stupid. Go ahead and try to file a deed in floria or hawaii using your states notary verbiage and not theirs. Have fun with that.

    Comment by Arizona Notary — October 18, 2012 @ 1:07 am

  5. So Arizona if I use another states verbiage that is non compliant with my commissioned state and there is a problem with the process that ends up in a lawsuit I will be held accountable for the error. The state I’m commissioned in doesn’t give a fat apple about other states verbiage and any institution worth it’s salt will provide my state compliant verbiage or I will attach an L/C. Bad advice.

    Comment by alan — January 4, 2014 @ 8:24 pm

  6. I am glad to find out that it can be done but it looks like you have to check because it varies depending what state you are in. Got it.

    Comment by Monashea Moore — April 25, 2017 @ 9:52 pm

  7. Is there a way to get deed notarized when the grantor and grantee live in different states?

    Comment by Dianne — September 4, 2017 @ 8:52 pm

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