View Full Version : Notary in one state notarizes Affidavit from another state
JFoye
Aug 28, 2008, 06:34 PM
The facts as stated in an affidavit filed in a court case can be proven to be false (perjury). It was sworn before a notary that it was true under the penalty of perjury; however, the Affidavit was written for a District of Columbia notary. The notary that notarized the Affidavit is not a notary in the District of Columbia, he is a notary in another state. The notary did not note the state where he is a notary. What are the ramifications for notarizing a court document signed under oath when you are not a notary for the state where the document was written and signed?
Fr_Chuck
Aug 28, 2008, 08:56 PM
A notory of one state can not be standing in another state and witness the papers,
If someone took the paper work from DC and traveled with them to VA and a VA notory witnessed it, it is completely valid.
Forms may come from and say all sorts of states, the notory merely has to sign and stamp ( or seal) the paperwork.
All stamps I have seen all show the state??
RemyGoof
Aug 30, 2008, 12:40 AM
I agree with Fr_Chuck
A notary is merely attesting to the fact that a person who signed a document provided the legal, required ID to prove they are who they say they are.
The notary, nor the person signing the document, has to be in the state the document is sent to or recorded in.
JudyKayTee
Aug 30, 2008, 07:04 AM
I agree with Fr_Chuck
A notary is merely attesting to the fact that a person who signed a document provided the legal, required ID to prove they are who they say they are.
The notary, nor the person signing the document, has to be in the state the document is sent to or recorded in.
This is not true - I notarize for people who live out of State. All a notary does is review proof that the person who signs in front of them is the person they claim to be. Some States then require more than a stamp, they require a Certificate of Notarial Authority if the papers are to be filed in a State outside the Notary's jurisdiction. The Certificate states that this person is a notary in good standing.
This happens all the time in estate and custody matters -
The notary most definitely does not have to be in the State where the document is sent and/or recorded.
Your statement that "the notary has to be in the State ..." is not correct.
JudyKayTee
Aug 30, 2008, 07:06 AM
A notory of one state can not be standing in another state and witness the papers,
If someone took the paper work from DC and traveled with them to VA and a VA notory witnessed it, it is completely valid.
Forms may come from and say all sorts of states, the notory merley has to sign and stamp ( or seal) the paperwork.
All stamps I have seen all show the state ???
Right - and the second State (not the State where the papers are signed) MAY request (in additional to a stamp or handwritten notary info) a Certificate of Notarial Authority.
twinkiedooter
Aug 30, 2008, 09:14 AM
Judy is correct. I used to notarize papers when I was in Florida for snowbirds from up north during the wintertime. I was notarizing that the paper was signed by the person and had the person produce the appropriate document to prove who they were and this was noted by me in a section that I would include what sort of ID was produced by the person and I would write down the d/l number, etc. accordingly. I had a notary stamp which contained my commission expiration date and my commission number and an embossing seal with the words State of Florida Notary on it that I would emboss the document with.
Generally, a good rule of thumb for any documents that are going to be used in a Court in a different state would be to have the document taken to the local Clerk of Court's office and have the Clerk of Court do the notarizing for you. This would then preclude any extra accompanying documents to prove the authenticity of the notary as the Clerk could have the official Clerk of Court's date stamp used on the document as well.
froggy7
Aug 30, 2008, 12:46 PM
Having sold property located in one state when I was in another, I have had to do this multiple times. The only thing I do is cross out the state and county that they have on the paper and put in the one that I am in. (Generally there is a line like: Signed before me on (fill in date) in the county of X in the state of Y, so I just correct X and Y.)