Just about everyone knows that a deed, deed of trust and some other legal documents need to be notarized. Under Arizona law a notary simply attests to the fact that the correct person signed the document being executed. Some documents cannot be recorded without being notarized. However, what if the person executing the document is in another country? For the out of country notary to be recognized as valid an Apostille is required. What is that? Under the 1961 Hague Convention, this is a certificate issued by a government authority of the country in which the notary is licensed attesting that the notary is authorized to perform notarization.
This works both ways! It is necessary for an Arizona notary who performs a notarial act on an instrument intended to be used in a foreign country as well as where a person signs an instrument in a foreign country. In Arizona, an Apostille is obtained from the Arizona Secretary of State. In a foreign country, the authority issuing Apostilles varies.
We are experienced and can help with complicated real estate transactions including those involving Apostilles.
Jeffrey M. Neff is a real estate specialist certified by the Arizona Board of Legal Specialization. He has extensive experience in real property transactions and litigation including purchase, sale, lending, eliminating title problems, easements, quiet titles, partitions, foreclosure, workouts, real estate litigation and many other areas of commercial real estate.
