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Updated over 3 years ago on . Most recent reply

User Stats

20
Posts
7
Votes
Raj Khadilkar
  • Investor
  • New Zealand
7
Votes |
20
Posts

Overseas (out of USA) investors - USA embassy notarial service??

Raj Khadilkar
  • Investor
  • New Zealand
Posted

Hey BP community,

I hold a small portfolio of four properties in Memphis. I am sorting out my cash out loans on my SFR's in Memphis. Have hit a major hurdle with lender and title company with notarising the docs by the US embassy. Now we under lockdown due to Delta and cant travel to get embassy to sign these docs. Stuck with last 20 days and cant do it without sedning it over. Other option was to get it notorised by mobile notary and get those apostilled by the local govt (Dept of Internal affairs in NZ). But since the locakdown none of notary are open and also dept of internal affairs.

I hold this portfolio from Mid 2013. Things probably were simple then and any authorised agent of LLC could sign so I had my attorny with a small operating agreement / resolution / POA could sign and binding on the LLC members. But now my Title company and lender is asking that loan documents needs to be signed by the USA embassy of country of residence - in my case NZ. Not sure if that is lenders / title company's requirements or statutory requirements.

Could some attorneys, lenders advise me - If this is new statutory requirement? or Does it depend on title and Lender? Is it counrty specific ? What are the requirements for other countries such as Australia/ India? What info available on google/ websites ? Many thanks in advance.   

  • Raj Khadilkar
  • Most Popular Reply

    User Stats

    4
    Posts
    4
    Votes
    Ruth Ann Manison Prince
    • Real Estate Broker
    • Friendswood, Texas (Houston area)
    4
    Votes |
    4
    Posts
    Ruth Ann Manison Prince
    • Real Estate Broker
    • Friendswood, Texas (Houston area)
    Replied

    Ask your lender and title company if you can do a RON closing under the circumstances. RON = Remote Online Notary. The title company loads your docs in the notary portal, you verify your identity and schedule an appointment to sign online in front of a notary who is IN THE US during the signing. Problem solved. I hope that helps. 

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