Thread: stupid question...

Originally Posted by Lor24

Can a family member notarize closings when I am either the listing or selling agent? I've had a long day and can't think clearly enough to remember if I even know the answer to this: ( anyone?

There is no such thing as a stupid question but there is something known as a stupid answer. I will try not to provide the latter. I do not remember having a family member notarize for closing being specifically prohibited. However, I would think that it is not the best idea for one to use a family member. It can look bad even when all are well meaning.

Answer NO only a Notory can Notorize anything, a Attorney can Authenticates. Others may Notate but this has questionable legal standing unless accompanied with a limited power of attorney1 In addition No onethat ic not a party to a contract can legaly change, waive or inforse same, in writting or other wise. Even the parties to the contract can not do so with out the agreement of all parties, with one exception. A party may waive any part of a contract that does not material effect thje others intress and may do so in writting or by simply not preforming in a timely manner. Example; Sellers failure to accept, counter or reject an offer in the time alloted - Buyer contingency on fimancing and buyer doesn't seek same.

Sure can if they are a Notary and in the due course of business. However, if they are an interested party I would probably not use them, go to a bank they typically have people that can do it for a couple of buck or sometimes your bank will do it for free.

BTW notaries are authenticating your signature on the document when they notarize it. Attorneys can do this as well but rarely will, they have much more to lose if things go south.

I bet the last post would work!