Remote notary?

Question

Hi Bigger Pockets community,

First time posting, but I have spent a lot time looking at materials here and definitely enjoy it.

I have encountered a question.  I want to buy a property in MO (through financing), and was told that my wife must be present to sign the docs when we do the closing (through mobile notary).  But my wife is current abroad and I don't think she can fly back just to do the signing.

Is there a way around it?  I know Virginia allows long distance notarization--can I ask the title company to send docs to me and to get a e-notary in Virginia to notarize them and send them back?

Thank you very much!

Jun

Anu G. · Answer

I just used notarycam.com and I felt like I was in the jetsons.  I did it from my back patio swing.  It felt weird at first, but way faster and cheaper than a mobile.  $25.

Jun Feng · Answer

Thanks everyone!  Talked with the title company and the lender, and will go the PoA-US embassy route.  Hope it can work out smoothly.

Colleen F. · Answer

For power of attorney have the bank/lender draw up whatever power of attorney she signs.  If you go with a mortgage broker and not a lender make sure the POA is acceptable to whoever they will sell the loan to. We just had a fiasco with a broker where we had to close again because they could not sell the loan because of how the POA was drawn up, a real pain.

Wayne Brooks · Answer

You can either do the POA, or have your wife sign the closing doc.s, using international Fedex, but in either case the document will have to be notarized at the Amercian Embassy near your wife.  Obviously, verify with your lender And title co. what is acceptable.

David Faulkner · Answer

Quick tip: I go to the bank where I do business, they usually have a notary on staff and will usually notarise docs for you for free (no mobile notary fee) if you are a client in good standing. Has not worked 100% of the time, but I've done this several different times with several different banks.

Dennis Martin · Answer

Ive always thought that recordable documents have to be wet signed. If your wife is still in VA ask the title company to email the POA and get it sogned and notarized with the a bank or something. If not, u can email the POA to your wife abroad and get it done over there. Since everything will be done in MO, it would not hurt to ask the title company how the POA would be acceptable to both the clerk and your lender. You dont want to go back and forth with this cause shipping  the POA back in the US might take a few days.

Jun Feng · Answer

Thanks!  Yes we are planning to go this route.  I understand that Virginia allows long-distance notarization (via video)--is that good enough for the the PoA?  We are both Virginia residents (at least as of now).

Dennis Martin · Answer

If you have ample time before the closing, having a Power of Attorney will serve best. If you guys are going through financing, all or some lender documents need to be signed by your wife. Some of them will require notarization especially the documents to be recorded in the county/city's land records. The clerk wont accept a document notarized by a local notary abroad. The documents have to be notarized in the Embassy of the United States by the Consul. That'll be the only way for it to be acceptable. The POA would be signed and notarize in US embassy as well but thats the only thing she needs to get signed and notarize vs a lot more docs. Having the POA lets you get the closing smoother and way less of a hassle. hope this helps.

Jeff B. · Answer

query for "mobile notary".  Agent comes to you.

For parties not available for signing ,  email the doc, get it notarized in their locale, and FAX the result to you.

Remember,  Notary is only attesting that the party show on the document is the same as the one signing it.  They are not validating the document content.

Jun Feng · Answer

Thanks Joseph.  That makes sense as the property is in MO, but I doubt MO allows remote notary..

Another route that might work is to ask my wife to grant me a power of attorney--I'll try that route, but would much appreciate if anyone has successful experience.

Remote notary?

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