When sellers or buyers meet with the closing agent/attorney to sign their closing documents, it is easy to take for granted the formalities that are required for properly executing a deed or mortgage and other closing documents. Even if the signer is in another state, usually they have access to a notary public at their bank or a local business, and with careful instruction from the closing agent to the notary, the requirements are easy for the signer to complete. However, early and careful planning is needed to ensure the required services and facilities are available so that closing will not be delayed when the signer is in a foreign country.
All the same formalities which are required in a particular state are required when documents are executed out of the country. For example, for documents to be validly recorded with the land evidence records in the State of Connecticut, the documents must be in writing, properly acknowledged, and attested by two (2) witnesses. Please be sure to confirm the requirements of your particular State when sending documents to be executed in a Foreign Country. A proper acknowledgment can generally not be achieved by simply executing the documents before a foreign notary. To obtain a proper acknowledgment of a document, it is best to execute the document at the American Embassy located in the country in which the signer is located. The notaries at the American Embassy are not considered “foreign”. This requires early planning, as the embassies and consulates generally require an appointment for this service, and often are booked several weeks out. Therefore, your client should contact the Embassy well in advance to schedule the notarial service. No seal or further authentication is required if executed at the Embassy.
It is also possible to have a document notarized by a local foreign notary, but an additional step is required. Specifically, the notarization must be authenticated for use in the United States. In countries that are party to the Hague Apostille Convention, this is a simplified process that does not involve Embassies or Consulates. In times past, figuring out the various unique legal requirements of multiple nations was difficult. The confusion not only slowed down the processing times, but also led to widespread fraud that was hard to detect. In response, Apostille laws were agreed upon by a large number of countries and signed at a Hague convention in 1961. See the Hague Conference website for complete information on the Apostille process. Apostilles authenticate the seals and signatures on public documents.
If your document is acknowledged by a person authorized to perform notarial acts by the laws or regulations of a foreign country, such as a Notary Public, Judge, Clerk or Deputy Clerk of any court of record, then such acknowledgment must contain the official seal of the person performing the notarial act.
Notwithstanding the foregoing, your State may have certain statutory provisions and Standards of Title sections that sanction and authorize the notarial act. Pursuant to the Connecticut General Statutes, Uniform Recognition of Acknowledgment Act, Section 1-57 et seq., if the notarial act is performed by a person authorized by the laws or regulations of a foreign country to perform the act, there is sufficient proof of the authority of that person to act if the official seal of the person performing the notarial act is affixed to the document or the title and indication of authority to perform notarial acts of the person appears either in a digest of foreign law or in a list customarily used as a source of such information.
Credit: Stewart Title