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Having documents notarized while at sea??


FengShui@Sea
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We will be on a transatlantic crossing on the Celebrity Eclipse next month (April 2018) and learned today that we will have to have a couple documents notarized while at sea in order to facilitate the sale of a property. Has anyone every had to have something notarized while on a ship? And if so, was there a person on the ship that was a Norary or Commissionaire of Oaths? Any actual knowledge or experience of this type of situation would be greatly appreciated.

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You can ask on your roll call and see if anyone is a notary and if they would be willing to help you out.

 

Actually that is incorrect. A notary can only notarize in the state they were issued their license (at least, that's what is legal.)

 

The simple and common solution for OP is to sign a power of attorney prior to departure. The POA should be limited to this one, single transaction. Typically, one has a relative or close friend be the POA, but an attorney can be used. The escrow agent or closing attorney can guide you and probably already has the fill in the blank documents.

 

It's also possible that you may be able to presign the documents. Another question for the escrow company or closing attorney.

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The simple and common solution for OP is to sign a power of attorney prior to departure. The POA should be limited to this one, single transaction. Typically, one has a relative or close friend be the POA, but an attorney can be used. The escrow agent or closing attorney can guide you and probably already has the fill in the blank documents.

 

I was about to suggest that this has been standard practice for people about to embark on a voyage since the 17th century!

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Actually that is incorrect. A notary can only notarize in the state they were issued their license (at least, that's what is legal.)

 

The simple and common solution for OP is to sign a power of attorney prior to departure. The POA should be limited to this one, single transaction. Typically, one has a relative or close friend be the POA, but an attorney can be used. The escrow agent or closing attorney can guide you and probably already has the fill in the blank documents.

 

It's also possible that you may be able to presign the documents. Another question for the escrow company or closing attorney.

 

This is what I would recommend as well.

 

Keith

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POA authority is guided by each State's laws...not sure abt maritime jurisdiction. Arranging another way ahead of time is the best approach.

 

You may need to be available by phone for confirmation that the power of atty remains in effect.

 

Best suggestion was to check with your atty, escrow agent or person who will supervise the closing.

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To do what you are suggesting, won’t you have to have the documents shipped to you while in a port, notarize them, then ship them back from the next port? And that’s IF you can find a notary. Would be far easier to

A. Sign then before you leave

B. Have them notarized in whichever port you plan to receive or ship them

C. Sign a POA for someone else to sign them in your absense

 

 

Sent from my iPhone using Forums

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Actually that is incorrect. A notary can only notarize in the state they were issued their license (at least, that's what is legal.)

 

The simple and common solution for OP is to sign a power of attorney prior to departure. The POA should be limited to this one, single transaction. Typically, one has a relative or close friend be the POA, but an attorney can be used. The escrow agent or closing attorney can guide you and probably already has the fill in the blank documents.

 

It's also possible that you m

 

I was going to suggest the POA too. Seems the easiest!

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A Special or Limited Power of Attorney is your best bet

There are a few states that allow a notary to notarize a document outside the state (KY, ID, WY VA), BUT even in those exceptional states the property must be in the issuing state of the document they are notarizing.

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Actually that is incorrect. A notary can only notarize in the state they were issued their license (at least, that's what is legal.)

 

The simple and common solution for OP is to sign a power of attorney prior to departure. The POA should be limited to this one, single transaction. Typically, one has a relative or close friend be the POA, but an attorney can be used. The escrow agent or closing attorney can guide you and probably already has the fill in the blank documents.

 

It's also possible that you may be able to presign the documents. Another question for the escrow company or closing attorney.

 

Yes. Was a Notary for 25 years and only in the State in which you reside can you do anything legal. As suggested, give someone you trust a limited power of attorney and let them take care of this for you. Anyone could challenge the notary at sea.

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Plus an out of state notary often has to have an actual notarial seal..which many do not have anymore.

 

International has its own rules..

As previously mentioned...arrange POA ahead of cruise with those representig you and no worries!

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Thank you all for your comments and helpful suggestions.

 

Since we are leaving Canada 18 days prior to the closing of the sale of our property our attorney did not think she would have the documents from the buyer's attorney before we leave. As a result we cannot sign them prior to our cruise. She suggested emailing the documents to us and having them notarized either on the ship or in port and returning an image of the notarized documents which would suffice until our return. As we do not hit land until near the end of our transatlantic cruise we thought it would be very risky planning to find a Commissioner of Oaths in port. We will arrange a POA as that seems to be the general consensus. Thanks again ~ greatly appreciated.

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  • 3 months later...

I purchased property in Indiana... while living in Michigan... while working in Japan.

I signed POA over to my husband who was able to sign all the documents for a "mail away" closing.

It wasn't terribly difficult and worked out well.

 

I wish you the best of luck!

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