Helpful Notary Instructions

Mar 12, 2018 | Uncategorized

Important Instructions for Getting Your Document Notarized

Now that you have your deed, power of attorney, or other important document it will need to be signed (or executed) in person, before (in front of) a Notary Public, or other duly authorized individual, legally able to take your oath, affirmation or acknowledgement. Print your documents, single sided, then please read the process below. Contact our office if you have any questions about the process at all. If your document is not properly acknowledged, it may cause significant delay.

In Massachusetts:

In Massachusetts you may find a Notary Public at some of these locations:

• Insurance companies
• Banks
• Accountants
• Real estate offices
• Town halls
• Libraries
• Law offices
• AAA

You must appear in person before a commissioned Massachusetts Notary Public. Contact the office of the Notary Public in advance to make an appointment. The Notary Public will require that you provide valid, current, government issued, photo identification.

Bring the unsigned document to the Notary Public, sign the document in front of the Notary. The Notary will take your oath or acknowledgement, sign and apply their notary seal. Note: an embossed notary seal is not required. However, the Notary must sign the notary clause and provide their commission expiration date.

You are welcome to contact our office to schedule an appointment with one of our staff Notaries to have your documents notarized. In most cases, same day service is available. There is no fee for our notary service, however, please do not come in without making an appointment.

Outside of Massachusetts, but in the United States, or official U.S. Territory:

Massachusetts has reciprocity with all 49 U.S. States and all U.S. territories. This means that Massachusetts will recognize the acknowledgement of notaries from other states and territories. Provided that:

• The Notaries follow the laws of their own state or territory
• The notary clause or acknowledgement clearly states that the signing was the persons “free act and deed”
• The notary clause or acknowledgement clearly states that the persons signing the document “personally appeared” before the notary.

Note: Electronic, online, remote or video notary services are not recognized in Massachusetts for real estate documents. Original signatures of the signor and Notary are required. Electronic signatures are not acceptable. Do not use the services of remote notaries, you must personally appear before the Notary, or the document will not be valid for recording in Massachusetts.

Outside of the United States:

It is a very difficult and time-consuming process to have U.S. documents notarized in foreign countries. You must plan in advance if you expect that you will not be able to appear before a Notary Public in the United States.

If you plan to have a Massachusetts document notarized in a foreign country, please visit the website for the U.S. Department of State for clear instructions on the process:

https://travel.state.gov/content/travel/en/legal-considerations/judicial/authentication-of-documents/notarial-and-authentication-services-consular-officers.html

You will need to travel to the local U.S. Embassy or U.S. Consulate Office in the foreign country you are in to get the document notarized. Many Embassies and Consulates require that you schedule an appointment several weeks in advance. They do not accept walk in appointments.

Members of the U.S. Military:

Persons serving in the U.S. Armed Forces, wherever located, may acknowledge documents before a Commissioned Officer in active service in a Massachusetts or U.S. military unit with the rank of Second Lieutenant or higher in the Army, Air Force or Marine Corps, or the rank of Ensign or higher in the Navy or Coast Guard.

The Document must contain a statement that the person signing the documents is actively serving in or with the Armed Forces of Massachusetts or United States and that the person signing personally appeared, and the signing was their free act and deed.

More about Remote Online Notaries (RON)

Electronic, online, remote or video notary services are not recognized in Massachusetts for real estate documents. Original signatures of the signor and Notary are required. Electronic signatures are not acceptable for recording. Do not use the services of remote notaries, you must personally appear before the Notary, or the document will not be valid for recording in Massachusetts.
These services allow individuals to have documents notarized electronically, and they do not require anyone to appear in person. Though it may sound convenient, remote online notary services are not currently recognized under Massachusetts General Law. If you utilize the services of a Remote Online Notary (RON), you need to understand that your document will not be valid for closing.

Quick Reference
Do’s and Don’ts of Document Notarization

Timeshare Contracts – Buying and Selling

Feb 5, 2018 | Uncategorized

Our office does not provide legal counsel on the acquisition, sale or transfer of ownership of Timeshare properties. However, we are often asked to assist timeshare buyers and sellers; here is our general advice on timeshare transfer.

1. Check the timeshare contract and contact the management company for the policy and procedure for transferring title to your share. The seller may be subject to terms and restrictions such as a right of first refusal. In which case the timeshare association may have the right to purchase the share before it is offered to the public or a private buyer.
2. Ensure that the transfer price is fair and reasonable.
3. Confirm that the seller is the lawful owner and that they have authority to sell.
4. Retain the services of an independent company or firm that will coordinate the transfer of title of the ownership according to the applicable state law.
5. NEVER wire or send any funds without being absolutely certain of what the funds are for and to whom they are going. The timeshare transfer industry is ripe with fraudulent and criminal activity.

Resources:

Timeshare resources: myresortnetwork.com/

What is my timeshare worth: www.myresortnetwork.com/timeshare-market-value.asp

Timeshare Closing Services: timeshareclosingservices.com

Timeshare Closing Services: esortclosings.com/

Timeshare Litigation Attorney: aaronsonlawgroup.com/

I’m a Cash Buyer. Why do I need a “Mortgage Survey?”

Nov 21, 2017 | Uncategorized

There are several advantages to being a cash buyer that simplify the process of purchasing a piece of real estate. However, there are additional issues that cash buyers need to be aware that can impact the purchase of property. One of those issues is the importance of a mortgage survey or plot plan.

You may be wondering what a plot plan is, do you really need one and is there an additional cost for a plot plan? The simple answer to these questions are that a plot plan is an engineering diagram or drawing of the estimated boundaries of the property. The plan is created by a Professional Land Surveyor. The plan will indicate the precise location of any major structures on a particular property, including any houses, porches, sheds and in some case driveways and access points. It will also show the approximate shape of a lot as well and the approximate location of structures as they relate to boundary line setbacks.

In some cases where there are multiple lots, the plan may also show the location of each particular lot in relation to the other.

The information disclosed by the plan is important, especially when there may be encroachments, missing lots, or the lots or the property description is not what YOU think it is. A title exam conducted as part of the closing will reveal the owners of the property and any encumbrances or defects that may be of record. A title exam does not show the location of any of the buildings or structures on located on the land.

A conventional bank or mortgage lender will always require a Mortgage Survey as a condition to lending any money on property. A cash purchaser is not required to obtain a plot plan as a condition of the purchase, even though it is highly recommended. The bottom line is that a plot plan may reveal additional information about a property you may not know about. Having a plot plan conducted as part of your due diligence process can save you thousands of dollars by disclosing critical issues before you close.

The cost of a residential mortgage survey is around $150.00, depending on the size of the lot and structures located on the lot.

If you are paying cash for a real estate purchase, contact our office and we can guide you through the process and answer any questions you may have.

Tips to Identify Valid and Suspicious Email

Jun 14, 2017 | Uncategorized

While companies may have spam filters and antivirus software, spam and phishing emails can still slip through employee inboxes. Email recipients are the most critical element in preventing an attack. Here are some tips on how to identify the authenticity of a questionable email.

Incorrect Grammar/Spelling/Text Body

Many phishing emails contain misspellings. Some of these messages have been poorly translated from other languages. Additionally, you will want to pay attention if the time or date appears in the message body of an email. If the email contains the date format of DD/MM/YY, 24-hour time or coordinated universal time (UTC,) it’s likely that the email’s point of origin generated outside of the United States.

Email Format/Absence of Logos/Plain Text Email

Most legitimate messages will be written with HTML. It should be a mix of text and images. A poorly constructed phishing email may show an absence of images. This includes the lack of the company’s logo. If the body of an email is only an image as text, it’s possible that it is illegitimate. Outlook blocks showing images by default. If the email is all plain text and looks different than what you’re used to seeing from a frequent sender, you may want to contact the sender directly in a new email or phone call.

Urgent Request for Personal Information

One tactic that is commonly used by hackers is to alert you that you must provide and/or update your personal information about an account (e.g., Social Security number, bank account details, account password). Phishers will use this tactic to drive urgency for someone to click on a malicious URL or download an attachment aiming to infect the user’s computer or steal their information.

Suspicious Attachments

High-risk attachments file types include: .exe, .scr, .zip, .com and .bat. Spam filters will generally do a good job of quarantining those formats. Most companies commonly send and receive .zip, .doc, .docx, .xls, .xlsx, .ppt, .pptx and .pdf. However, a malicious sender can implant devious code in those formats as well. Once the attachment is opened, the computer is already compromised. Take caution if you have sent an email that has an attachment and the sender is questionable. You will want to verify the legitimacy of the email first. Next, you will want to examine the context of why the attachment is being sent.

Links in the Email

A common practice is to avoid blindly clicking on links in emails. Outlook allows you to hover over a link before clicking on it. If the link in the body of the email is different than what Outlook hovered preview reports, it is not legitimate. Even if it seems legitimate, open a new browser window and type the URL directly into the address bar. If you’ve clicked on a link, a phishing website will look identical to the original. However, your system may already be compromised. If you’re work email is connected to your phone, you will want to take extra precaution.

Use Work Email for Work Purposes Only

Employees should avoid using their work email address for personal signups. These include social media websites or customer loyalty/ reward programs.

Reprinted with permission of the American Land Title Association.
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