Can I Sell My Home in the U.S. and Use a Canadian Notary?
13 May 2021
Selling a home in the United States while abroad is possible and very doable. However, depending on your state and real estate requirements, you might be faced with additional steps to officialize your document. You should consult with your real estate agent and lawyer for guidance with the specific legal requirements of your documents prior to engaging with a Notary Public in Canada.
It is important to note that notary laws apply to where the signing takes place. Notaries may only notarize documents within their jurisdiction which should be noted when finding a notary. A notary may not notarize documents out of state. Virginia is the one exception. It is currently the only state that permits remote online notarization for signers in other states or in other countries. If the seller is out of country (i.e., in Canada), an option would be to find a notary authorized to perform remote online notarizations
U.S. professionals will most likely ask you to have Canadian documents validated with an apostille certificate, or also known as Authentication in Canada. This process for validating a document comes from the U.S. being a participant in The Hague Convention Abolishing the Requirement of Legalisation for Foreign Public Documents (“The Hague Apostille Convention”), which Canada is not part of.
To meet the requirements that your documents will be accepted as the equivalent to a U.S. Apostille Certificate Seal, they must go through, what is known in Canada, as the authentication and legalization process (see: Is a Canadian Notary Seal Recognized Outside of Canada?).
However, many American states and real estate companies will accept a remote online notarization (RON for short) of their closing documentation without requiring the authentication and legalization process noted above. Notary Pro’s industry-leading Remote Online Notary service allows you to securely and confidently sign your US real estate sale documents while remaining in Canada. Try our remote online notary service today.
Notary Pro does not provide legal advice or assistance. Consult with your real estate agent and lawyer for guidance on your specific situation with the legal requirements of your individual documents. This blog post is designed to provide helpful information only.
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