Getting Documents Notarized Overseas

While it is rare, it seems once every 12-18 months we encounter a situation where a buyer or seller is traveling overseas around the closing of their transaction, and despite their best efforts to prepare they need to get a document notarized to facilitate closing. Before, I provide a few solutions and details, let's first talk about best practices...

BEST PRACTICES WHEN TRAVELING AROUND CLOSING OF YOUR TRANSACTION

If you know you'll be traveling outside of the United States withing 2 weeks of the closing of your transaction, you should inform:

Real Estate Broker/Agent - let your real estate broker know of your plans to travel, and ask them to help coordinate the necessary paperwork and professional services to ensure a timely and smooth closing process. Be sure to ask how they plan to handle the situation, so you can confirm it is being professionally managed, as we've see too many times 'real estate professionals' simply acknowledging the travel plans without taking action. Typically, they will need to engage the title insurance, escrow company and lending professionals who will work with you and/or your legal counsel to (a) prepare and execute a power of attorney and/or (b) prepare and execute closing documents which require notarization much earlier than would be typical.

Escrow Closer - since many real estate brokers don't know how to deal with clients traveling internationally around time of closing, you may want take matters into your own hands, and contact your escrow closer directly to discuss your travel plans and ensure all necessary measures are taken to facilitate closing without interrupting your travel plans. Escrow professionals should coordinate with the title company in order to ensure whatever actions they will take are going to be approved by the title insurance underwriters.

Lender - if you are the Buyer, be sure you coordinate with your lender about your travel plans as your loan documents will require notarization and are typically more time sensitive than documents the Seller will sign at closing. Sellers (or their brokers) will also want to be sure to connect with their Buyer's lender, especially if the Buyer's loan is an FHA, VA, USDA or another federally underwritten/insured mortgage, as there may be some additional documents requiring a Seller's 'wet' or notarized signature.

At least 2 business days prior to leaving on your travels, you will want to be sure you've properly addressed any documents requiring notarization and/or wet/original signatures and received written acknowledgment of the satisfaction of the title company, escrow company and lender(s). Many times there will be other documents to sign in the final days prior to closing, however those documents can either be electronically signed or signed without a notary with originals returned via overnight mail.

Now, let's assume you didn't get these best practices prior to leaving on your travels, or something went wrong with one or more of the documents above... how can you get a document notarized overseas?

US Consulate/Embassy
In any country which has a US Consulate or Embassy, you can typically obtain notary services within a few business days, depending on holiday schedules. Outside of the inconvenience of traveling to the closest consulate, which can be hours away depending on the country, this is the best, most reliable and easiest way to get a document notarized. Here is a link to more information about these services, and a here is a link to the scheduling page where you can schedule your notary signing online.

Using An Apostilles
If you are not able to travel to an consulate office, and you are in a country who is a member of the 'Hague Conference' (click here to see member states), you may be able use a local notary to notarize the document and the use an apostille within the country to ratify the document through the embassy. Here is a great explanation of apostille from a law firm's blog. From our experience, and readings, the process varies from country to country - however it typically involves some or all of the following:

  - A local notary or equivalent service provider

 - One or more local intermediaries to review, approve and/or deliver the document to the consulate.

 - The US Consulate to review and approve the document's local notarization.

 - A service provider to send document between local notary, consulate and/or final destination (escrow company).

As you can see there are many more moving parts in this process, thus greater chances for failure. Before embarking on this process be sure to clear your plans and potential final product with escrow/title company, and check your timelines. When we did helped for a client in Australia, it took 5 business days from start to finish with us pushing/pressing the process as fast as possible.

Of course, it should be acknowledged we are real estate brokers, and not legal professionals at any level. The information provided above is simply to help you better understand your options should you find yourself in the unfortunate and uncomfortable position of needing to handle a closing while traveling abroad. If you have questions, or see opportunities for clarification of this information, please let us know!

Lastly, if you'd like to avoid these kind of issues by working with professionals who know how to ask the right questions and best prepare you throughout the entirety of your transaction as a seller or buyer, then please contact us and we can help you avoid these kind of costs and stresses.