For the question I am talking about when using one attorney who also is a notary who notarizes the grantor's signature on day the the buiyer's 2 days later because the grantee lives out of state.
Also I am doing a 25 page paper for several laws dealing with real estate and other laws in general. If there is any attorney or those that know much about the law I would love to talk with you and have some questions answered, to either be a source or an anonymous source...Thanks all for your help!
2007-02-26 08:07:29 · 8 answers · asked by jrnywebdesign 1 in Politics & Government ➔ Law & Ethics
If I understood your question correctly, the notary - who is also an attorney - notarized the grantor's signature 2 days after said signature took place. If my understanding is correct, then:
First, an attorney can also be a notary public; no problem there.
Second, if the grantor signed out of state, you need to verify if the notary also had jurisdiction to act in that area.
Three, if the grantor signed in the state of the notary's jurisdiction, the notarization is valid as long as the notary witnessed such signature, regardless of whether he did it immediatly after the signature or 2 days afterwards.
2007-02-26 08:27:25 · answer #1 · answered by maubrenes 2 · 0⤊ 1⤋
The only way a notary can *legally* notarize a signature is:
1) The notary has asserted the identity of the signer, and
2) The notary witnesses the signer affix his or her signature to the document.
If these two conditions are not met, the notary has not followed the letter of the law.
2007-02-26 16:10:52 · answer #2 · answered by Scotty Doesnt Know 7 · 0⤊ 0⤋
Answer to your question is EACH signature needs to be witnessed seperately, in the presence of a notary OR an Attorney.
It is Illegal for Notary or an Attorney to acknowledge a signature not executed in their presence.
2007-02-26 16:16:23 · answer #3 · answered by ? 6 · 0⤊ 0⤋
Notary laws are individual by state; you can log on to California's state web site and go to Secretary of STate, and Notary Public and obtain a copy of the booklet of laws governing notary publics. This is your best bet.
2007-02-26 16:19:20 · answer #4 · answered by Jean B 3 · 0⤊ 0⤋
It's perfectly legal. The attorney is probably the POA for the out of town grantee.
2007-02-26 16:11:27 · answer #5 · answered by Tenn Gal 6 · 0⤊ 0⤋
The lawyers obviously expose themselves to future litigation if they Notarize a contract to which they are a party. Ask your local Bar Association for their opinion. To me it reeks of unethical behavior.
2007-02-26 16:15:01 · answer #6 · answered by robert o 1 · 0⤊ 0⤋
NO ONE...attorney or not, can notarize their own signature
2007-02-26 16:15:36 · answer #7 · answered by Anonymous · 0⤊ 0⤋
yes that is illegol
2007-02-26 16:09:31 · answer #8 · answered by Anonymous · 0⤊ 0⤋