bud32
Registered: April 16, 2008
Posts: 4,625
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| | Nov 04, 2009 at 01:43 PM | | #1 |
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| Need a signature "notarized" by a local notary...Mexican notary OK. Recommend??? |
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Rudy
Registered: May 16, 2008
Posts: 37
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| | Nov 04, 2009 at 01:50 PM | | #2 |
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there is one at Plaza Las Palmas "Salas y Asociados"
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Los Arcos #1 San Carlos, Sonora
PH 622 2260579 and (622)8555580 |
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annharvey
Registered: July 23, 2008
Posts: 4
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| | Nov 05, 2009 at 06:38 PM | | #3 |
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| Is there a notary in San Carlos that is legal for USA paper signatures? |
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PaulR
Registered: June 06, 2009
Posts: 3,151
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| | Nov 05, 2009 at 06:40 PM | | #4 |
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| Depends on what the document is |
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vscm
Moderator
Registered: July 18, 2008
Posts: 2,269
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| | Nov 05, 2009 at 06:42 PM | | #5 |
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No
But you can pay your money and take your chances. There are US Notaries here but thier Notary is not valid outside the state they are registered in.
So what? Who checks? Probably nobody. You have to decide for yourself if it's worth the risk.
We have been through this many times on the board.
__________________
George Gadsby
Viva San Carlos Moderator
622-226-0785
576 Ave "F"
Sector Ranchitos
San Carlos De Guaymas
Sonora Mexico |
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vscm
Moderator
Registered: July 18, 2008
Posts: 2,269
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| | Nov 05, 2009 at 06:47 PM | | #6 |
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American Notaries Abroad
PERFORMANCE OF NOTARY FUNCTIONS ABROAD BY AMERICAN NOTARIES PUBLIC OR STATE COMMISSIONERS OF DEEDS
Summary: The performance of the functions of a notary public abroad for documents intended for use in the United States is governed generally by multilateral and bilateral treaties, Federal law and regulation and by the laws of the foreign country. Notarizing a document outside the United States may be a violation of the laws of the foreign country, unless the notarizing officer is specifically authorized by local (foreign) law or applicable international treaty.
Recognition of Notarial Acts Performed Abroad in the United States: The laws of states in the United States also make specific provision for the recognition of documents executed outside the United States. Most states have enacted legislation similar to the Uniform Recognition of Acknowledgements Act, the Uniform Acknowledgments Act and the Uniform Law on Notarials which recognize the admissibility of documents executed outside the United States before an ambassador, minister, consul general, consul, vice consul or consular agent of the United States.
Extraterritorial Notaries: Within the United States a notary public is authorized to perform notarial services within the jurisdiction provided by a commission. Some states have enacted legislation which provides for the performance of notarial functions outside of their home states of commission-filing or licensure provided the documents notarized are intended for filing or recording in the home states of the notaries. A few states have enacted reciprocity laws which authorize a notary from a neighboring state to act as a notary in another state provided the neighboring state has adopted a reciprocity provision. Finally, some states have enacted legislation authorizing notaries to perform notarial functions outside the United States for use in the United States. It should be noted that the laws of the foreign country may not authorize the American notary to perform this function, local law of the state in the United States notwithstanding.
Commissioners of Deeds: Various state statutes still in efffect in a number of states authorize the Secretary of State in each such state to appoint commissioners of deeds who can perform notarial acts extraterritorially for use in that state. The commissioner of deeds office evolved when the United States had few foreign-located consuls.
Judicial Sovereignty of Foreign Countries: Some nations view this authority of commissioners as an infringement of their judicial sovereignty. The United States recognizes the right of judicial sovereignty of foreign governments based on customary international law and practice; See, e.g., the Restatement (Third) of Foreign Relations Law (1987).
Possible Repercussions of American Notaries or Other Persons Notarizing Documents Abroad: Notarizing documents by a person not empowered by treaty or local (foreign) law to perform such acts may result in the arrest of a commissioner of deeds of American notary, even through the act is authorized by the laws of the commissioner or notary''s home state. The Department of State is concerned that, in the exercise of their powers, state commissioners of deeds or notaries public may unknowingly violate the judicial sovereignty of a foreign country by usurping the functions of duly authorized foreign officials. All U.S. Foreign Service posts are therefore instructed to advise the Department of State of the operation of any American commissioners of deeds or notaries public in their consular districts.
Digital Signatures and Cybernotaries: The Department of State is aware of developments in state law on the subject of digital signatures. The Deparment has participated in the negotiation of international agreements on the subject of electronic commerce and digital signatures. This is an evolving area of the law and it is not the intention of this discussion to address this topic directly.
Selected References:
Whiteman, Digest of International Law, Department of State, Vol. 7, 519, 521 (1965).
Hackworth, Digest of International Law, Department of State, Vol. II, 313, 314 (1944).
Closen & Richards, Notaries Public - Lost in Cyberspace, or Key Business Professions of the Future?, 15 J. Marshall J. Computer & Infor L. 703, 717-718 (1997).
Closen & Dixon, Notaries Public From the Time of the Roman Empire to the United States Today, and Tomorrow, 68 N.D. L. Rev. 873, 874-75 (1992).
Closen & Richards, Cyberbusiness Needs Supernotaries, Nat''l L. J., August 25, 1997.
Questions: Contact the Office of American Citizens Services, Bureau of Consular Affairs, Department of State, 2201 C Street, N.W., Washington, D.C. 20520, tel: (202) 647-5225 (202) 647-5225.
http://travel.state.gov/law/info/info_630.html#?css=print
__________________
George Gadsby
Viva San Carlos Moderator
622-226-0785
576 Ave "F"
Sector Ranchitos
San Carlos De Guaymas
Sonora Mexico |
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Denny
Registered: March 31, 2008
Posts: 144
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| | Nov 06, 2009 at 09:43 AM | | #7 |
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| also you forgot to mention that Mexico considers it a Federal Offense to use a US Notary, for both the Notary and the party Using the Notary... |
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Ja
Registered: June 23, 2008
Posts: 1,510
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| | Nov 06, 2009 at 10:32 AM | | #8 |
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Yes...and it is against the law to drink and drive...Smoke wacky weed and eat turtles, To sell Shrimp out of season...on and on the list goes ...Speed limit in GSC is only about 25 mph...and all the way to the border never gets over 62 MPH...and most people drive 75 and faster...
I have never smoked weed, don,t drink any more, Chicken is better then oily turtle, Shrimp gives me the gout, Yes I drive over 25 mph in GSC...and never drive to Az any more...
We all know not to pee on the side of the road when we are old and taking a water pill ...That is why you should carry extra cloths with you ...I take my chances stop the car ...check the LR tire and go on my way...Ja...
Denny...You have posted the same thing a DOZ times now...We know we know...Why does this Notary post upset you so much...Maybe you were a "N" at one time or your a " want to be "...Please I would like to know more about you ...Your husband is a law man is he not...Larry...
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vscm
Moderator
Registered: July 18, 2008
Posts: 2,269
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| | Nov 06, 2009 at 10:40 AM | | #9 |
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There is also a red light and a green light at the border.
It's all a matter of your personal risk tolerance.
__________________
George Gadsby
Viva San Carlos Moderator
622-226-0785
576 Ave "F"
Sector Ranchitos
San Carlos De Guaymas
Sonora Mexico |
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Denny
Registered: March 31, 2008
Posts: 144
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| | Nov 07, 2009 at 09:06 AM | | #10 |
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| so is it a bad thing to point out the fact that it is illegal?, that info is for the folks that don't know it, not everyone likes to risk doing illegal things in a foreign country.. |
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traveler
Registered: May 04, 2008
Posts: 390
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| | Nov 07, 2009 at 10:35 AM | | #11 |
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"so is it a bad thing to point out the fact that it is illegal?"
No Denny it is not.
With over 40 years as a real estate and mortgage broker I can think of all kinds of reasons why one should avoid invalid/fraudulent notaries, (yes, for a notary to perform services outside their jurisdiction is fraud) . Using one knowingly or unknowingly could be costly.
This question comes up all the time because the need for a notary comes up all the time and people don't know or can't remember the law. When the question comes up, your reminders are very important.
Larry, to equate consequences of an invalid notary with driving over the speed limit etc. is like comparing cancer to an ingrown toenail. |
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Tammi
Registered: March 28, 2008
Posts: 229
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| | Nov 07, 2009 at 10:58 AM | | #12 |
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Why not just go to the US Consulate in Hermosillo and have it notarized legally, if you need a US Notary.
__________________
Tammi Miller
ERA San Carlos Realty |
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bud32
Registered: April 16, 2008
Posts: 4,625
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| | Nov 07, 2009 at 02:38 PM | | #13 |
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I went to "Salas" at Las Palmas. Explained I just wanted a signature witnessed by a Mexican Notary (as I clearly stated in Post #1!)... and "Jasmin" took our paper and delivered it to us this morning. She was terrific in every way!
Thanks to those who responded with names. To those who are into interpretations of Supreme Court decisions and assume I am about to be nuked by Mexican helicopters, please relax...you'll survive! |
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traveler
Registered: May 04, 2008
Posts: 390
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| | Nov 07, 2009 at 06:57 PM | | #14 |
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Bud said "I went to "Salas" at Las Palmas. Explained I just wanted a signature witnessed by a Mexican Notary (as I clearly stated in Post #1!)... and "Jasmin" took our paper and delivered it to us this morning."
This is one of the best laugher's I've seen on this board in a long time; "Jasmin" took our paper and delivered it to us this morning." So who in the heck confirmed your identity and witnessed your sig, Jasmin or Batman?! I bet this "service" hardly cost you anything!
"Need a signature "notarized" by a local notary...Mexican notary OK. Recommend???"
I'd be careful if I were you Bud, I think the incoherent sentence police are circling your house right now!  |
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