Notary in Costa Rica?

[Sam Wilson]

LiCR,

A member asks:

I have a closing on a property coming up in the states, "soon" is there a legal

notary down here?  The US Embassy can't do it till the 23 and I need it done now or

I have to fly back.  Any advice would be appreciated.

Anybody know of any tricks?  Perhaps a temporary solution that would work for the closing to be followed up by a real Notarized document from the Embassy later?

Maybe an official lawyer contract in Costa Rica committing to follow up with the official Notarized doc within 1 month?

I've heard that Notaries (Embassy notwithstanding) are only supposed to notarize in the state for which they are a notary, but is the risk on the Notary?  Or that the doc is not legally notarized?  Or both?

Hmmm....  Seems like there must be a solution to this without having to fly in person to the EE.UU for the closing.  I once got some property in Costa Rica before the owner could legally sell it with a lawyer trick of him passing any and all rights he had in the property to me without there being an official sale.  That avoided a long wait and a whole host of problems.  It worked out well for me.

Maybe a video Notary?  Or something else that would legally function as a witness to the signing?

Any ideas?

--

Sam 

[Sam Wilson]

One additional thought...

Would it be easier for you to go to Managua and have it notarized at the US Embassy in Nicaragua or in Panama?

U.S. Embassy in Nicaragua - Notary FAQs

U.S. Embassy in Panama - Notarial Services

--

Sam

[Sam Wilson]

LiCR,

While doing a little research on this topic, I did come across some stuff I've never seen mentioned before when this question pops up on some of the other Costa Rica forums.  We always hear, "No way!  Impossible!  US Notaries can only notarize within the geographic boundaries of their state.  ¡Punto!"

Turns out that it is not so cut and dry like that.  There are different rules in different US states regarding this.  Unfortunately none of the states which allow their Notaries to notarize outside their state boundaries are the state in question for this person's closing, but here are some exceptions to the "only within the state boundary" rule:

• Idaho permits Notaries to notarize outside the state only in connection with a deed or other document to be recorded in the state of Idaho.
• Kentucky Notaries may apply to get a Special Commission, which authorizes them to notarize documents inside or outside of the state as long as the document will be recorded in Kentucky.  An interesting note: Special Commission Notaries may be nonresidents.  (Hmmm... an opportunity for Kentuckians in Costa Rica?)
• Montana allows its Notaries to perform notarial acts in a bordering state (currently only Wyoming and North Dakota.)
• North Dakota allows its Notaries to perform notarial acts in a state that recognizes the Notary's authority (not sure which states actually do this.)
• Virginia Notaries may notarize a document inside or outside the Commonwealth if the document will be recorded in the Commonwealth.
• Wyoming allows its Notaries to perform notarial acts in a bordering state that recognizes the Notary's authority (currently only Montana.)

Those are the only exceptions to the "only within state's boundaries" rule I could find.  The other methods of having US documents notarized outside of the USA are:

• Some serving U.S. military personnel are authorized to notarize for military members and their families on U.S. bases in other countries.
• Officers of the Foreign Service of the United States, and consular agents at U.S. embassies and consulates, are authorized under federal law to notarize documents abroad.

So, it looks like Virginia Notaries are granted the most leeway and they should be able to notarize Virginia documents in Costa Rica.  Some of the other states allow exceptions but in limited circumstances.  It would be great to hear about personal experiences anyone might have to share.

Thanks,

Sam

[Sam Wilson]

LiCR,

A couple last thoughts on this...

I've heard cases of where traveling Notaries will actually notarize something for someone in a foreign country and then when they get back home they'll file the documents.  My guess would be that the risk would only be on the Notary, and if the document is accepted by the other side, then it is a done deal.  After all we are not talking about forging docs, but having the real signer actually sign the document(s).  My understanding of it is that the notarizing of the document is more to give the other parties a warm fuzzy that the signer really is the signer, and after all, we are talking here about the signer really being the signer.

Then we have Online Notaries...  ;-)  I went over to check one out, Notarize.com, and right off the bat their Chat Bot popped up this from Austin:

This is what they say about how it works:

To get a document legally notarized online:

• Get started: Register Online | Download the iOS App | Download the Android App.
  
• Upload any document, but DON’T SIGN IT before uploading it. You must sign before the notary public.
  
• Fill out the document using Notarize’s digital tools.
  
• Validate your identity.
• When ready, press to connect with a notary public.
• You’ll be connected in a live video call with a licensed notary public in less than three minutes, 24×7.
  
• Sign using your iPhone or Computer as the notary public watches over live video.
  
• Wait as the notary public notarizes your document online (typically less than one minute)
  
• You’re done! Download your notarized PDF.
  
• Print it or share it online.
  

Looks pretty convenient to me!  ;-)

--

Sam

[Sam Wilson]

LiCR,

I checked out a bit more about Notarize.com.  They seem to have things pretty well covered for Notarizing documents for any state in the US, except Iowa.  They are working within the liberal Virginia rules allowing Notaries to notarize anywhere AND the pretty much universal reciprocity between states (I guess except Iowa.)  You can easily check out pertinent state statues for any state here:  Notarize.com / Availability.

For example, California statutes state:

California

Cal. Civ. Code § 1182: The proof or acknowledgment of an instrument may be made without this state, but within the United States, and within the jurisdiction of the officer, before any of the following ...

(4) A notary public

Cal. Civ. Code § 1189: (b) Any certificate of acknowledgment taken in another place shall be sufficient in this state if it is taken in accordance with the laws of the place where the acknowledgment is made.

And that is the key...  Virginia law allows this, California says it is legal if done in accordance with the laws of the place where the acknowledgment is made, in this case Virginia.  Pretty clever!

From Notarize.com / FAQ:

How much does it cost to notarize a document?

Retail Pricing Menu:

$25: Base charge for the session with the notary which includes one document and up to one notarial act (one seal)

$7: Cost for each additional seal after the first seal. Rest assured most transactions just require one seal.

$5: Cost for additional signer if you initiate a two-signer transaction. *Please note that you will need to email sup...@notarize.com to initiate a two-signer transaction.

$5: Cost to have your notarized document printed and mailed to the intended recipient. The document would be the same version you are able to print yourself from home. More details can be found here.

If anyone here has tried this outfit, please let us know how it went.

--

Sam

On Saturday, May 5, 2018 at 3:04:45 PM UTC-6, Sam Wilson wrote:

Then we have Online Notaries...  ;-)  I went over to check one out, Notarize.com, [ ...]