Real Estate Document Notarization: What You Need to Know

Real estate transactions involve numerous legal documents that require notarization to be valid and enforceable. Understanding which documents need notarization and the process involved can help ensure your real estate transaction proceeds smoothly.

Common Real Estate Documents Requiring Notarization

Deeds

• Types of Deeds:
• Warranty deeds
• Quitclaim deeds
• Special warranty deeds
• Transfer on death deeds

• Why Notarization is Required:

Deeds transfer ownership of real property and must be notarized to be recorded with the county recorder's office. This protects against fraud and ensures the transfer is legitimate.

Mortgage Documents

• Key Mortgage Papers:
• Promissory notes
• Deed of trust
• Mortgage agreements
• Loan modifications

• Notarization Process:

Mortgage documents typically require acknowledgment notarization, where the signer acknowledges they signed the document voluntarily and understand its contents.

Power of Attorney for Real Estate

When someone cannot be present for a real estate closing, they may grant power of attorney to another person. These documents must be notarized and often require specific language and formatting.

Affidavits and Sworn Statements

Real estate transactions often involve various affidavits:

• Affidavit of title
• Affidavit of occupancy
• Affidavit of identity
• Affidavit of single status

The Real Estate Notarization Process

Before the Appointment

• Document Preparation:
• Ensure all documents are complete but unsigned
• Gather required identification
• Review documents for accuracy
• Confirm all parties will be present

• Scheduling:
• Allow adequate time for the notarization process
• Consider mobile notary services for convenience
• Coordinate with all parties involved

During the Notarization

• Identity Verification:

The notary will verify the identity of all signers using government-issued photo identification.

• Document Review:

The notary will review documents to ensure they're complete and ready for notarization.

• Signing Process:

All parties must sign in the presence of the notary public.

• Notarial Certificate:

The notary will complete the notarial certificate and apply their official seal.

After Notarization

• Recording:

Many real estate documents must be recorded with the appropriate government office to be effective.

• Distribution:

Copies of notarized documents should be distributed to all relevant parties.

Special Considerations for Real Estate Notarization

Multiple Signers

Real estate transactions often involve multiple parties:

• All signers must be present during notarization
• Each signer must provide valid identification
• The notary must verify each person's identity individually

Out-of-State Signers

When signers are located in different states:

• Each state's notary laws apply to their respective signers
• Remote online notarization (RON) may be an option
• Coordination between multiple notaries may be necessary

Time-Sensitive Nature

Real estate closings are often time-sensitive:

• Schedule notarization well in advance
• Have backup plans for potential delays
• Consider mobile notary services for flexibility

Benefits of Mobile Notary Services for Real Estate

Convenience

• Notarization at your preferred location
• Flexible scheduling around closing times
• Reduced stress during an already complex process

Expertise

• Specialized knowledge of real estate documents
• Experience with complex transactions
• Understanding of recording requirements

Efficiency

• Focused attention on your transaction
• Faster processing without office distractions
• Coordination with other closing professionals

Common Mistakes to Avoid

Incomplete Documents

• Ensure all blanks are filled in appropriately
• Verify all parties' names are spelled correctly
• Confirm all required signatures are present

Improper Identification

• Use current, government-issued photo ID
• Ensure ID matches the name on documents exactly
• Have backup identification available

Timing Issues

• Don't wait until the last minute to schedule notarization
• Allow extra time for unexpected complications
• Coordinate with all parties in advance

Cost Considerations

Notary Fees

• Standard notary fees are regulated by state law
• Mobile notary services may charge additional travel fees
• Complex transactions may require additional time and cost

Value of Professional Service

• Proper notarization prevents costly delays
• Professional expertise reduces risk of errors
• Mobile services save time and travel costs

Technology in Real Estate Notarization

Remote Online Notarization (RON)

• Available in many states for certain documents
• Allows notarization via video conference
• Requires specific technology and security measures

Electronic Documents

• Many real estate documents can now be signed electronically
• E-notarization combines electronic signatures with notarization
• Streamlines the process while maintaining security

Conclusion

Real estate document notarization is a critical component of property transactions that requires careful attention to detail and proper procedures. Working with an experienced notary public, particularly one who specializes in real estate transactions, can help ensure your documents are properly executed and your transaction proceeds smoothly.

For professional real estate document notarization services available 24/7 throughout Maryland and Virginia, contact FamLee First Mobile Notary at (301) 535-4943 or notarysvc@famleefirst.com. Our experienced team understands the complexities of real estate transactions and is committed to providing reliable, efficient service when you need it most.