USA Authorized Notary in the Hua Hin area...

[Pilot3Boz]

Hi Folks,

 

    With COVID-19 happening, my wife is trapped in Thailand... With that said I am in the final steps of purchasing a home in the USA... I need to get my wife's signature on the "deed of Trust"... Therefore I need a notary with USA authorization in Thailand that can notarize her signature for us... The Embassy is not doing any Notarizations at this time.. So can anyone point me in the direction of a local option...???? Bank, lawyer, with the ability to do this ??? Thank You!!!

Edited August 25, 2020 by Pilot3Boz

[PoodThaiMaiDai]

Last year, I was on a 6 month trip and I was in Japan and was going to be in Thailand soon when I needed to have a notary.

 

I could not find one in Japan or Thailand, yet the bank insisted I have to come back to the USA for notary.

 

I ended up flying to Guam instead. 

 

Guam is a US Territory and they have the same Notary services the mainland has.

 

It takes some coordination but it can be done.

 

Edited August 25, 2020 by PoodThaiMaiDai

[ubonjoe]

The US embassy is still offering a notary services if you have valid need for it to be done.

You have to complete a form to request the appointment. See: https://th.usembassy.gov/u-s-citizen-services/acsappointment/

Form: https://forms.office.com/Pages/ResponsePage.aspx?id=dFDPZv5a0UimkaErISH0S3NVAXsxQaZEpst3lGhanZ5UOVc4NURBNkVMN0hYSko2VVRMR0s0TTQzRC4u

[Pilot3Boz]

Thank You Joe, we will pursue that effort in hopes of getting the required services... The US Embassy is quite painful to work with, but if they can meet the deadline we have no real choice.... 

[Pilot3Boz]

We found an attorney that has certification to do Notary service for the USA.... The embassy option is not an easy one at good times this Covid <deleted> really mucks up the works... Thanks again for your responses... 

[asiacurious]

Ok, this is a topic that pops up here from time to time, and it always bothers me that there's never a good explanation given as to why NO Notaries in Thailand (or anywhere else in the world outside of the United States) can provide Notary service for documents to be used in the US.

 

When outside of the United States, ONLY a US Embassy or Consulate can notarize documents for use within the United States.

 

It's going to be a long reply, but I hope it helps to explain why this is the case.....

 

With few exceptions, Notaries in the United States can only notarized documents within the state where they are licensed to provide the service, and the Notary and person presenting the document to be notarized must also be physically present in that state.

 

There are a very few exceptions to this.  For example, a few sates allow a notary to notarize a document in a neighboring state (like Wyoming).  One state Kentucky allows Notaries that are licensed by Kentucky, to notarize documents inside or outside of the state, but only for documents that will be used inside of Kentucky.  (So if you're licensed by Kentucky to do this, you can be vacationing in California and notarize a document for someone in California, provided the document will be used IN Kentucky.  No other state will accept the document as notarized.)  Virginia actually allows a Notary to notarize anywhere if the docs will be used for something to do with either Virginia or the US Government.

 

But for all 50 states, the Notary AND the person seeking service (and the document itself) must be physically present inside the United States.

 

The reason for this is actually quite simple.....

 

As a Notary you are require to verify and record the identification of the person who is presenting the document to be notarized.  If needed, you must be able to appear in person with those records and verify that the records are true and that the notarized document has your signature and seal on it.  If you're in one state and notarize a document for use in another state, it becomes problematic to force you appear in another state to produce the records and verification should there be a need.  States only have jurisdiction over people located within that state.

 

If you are outside of the United States, no state has jurisdiction and it becomes a practical impossibility to prove that a notarized document is genuine. 

 

In contrast to all of the above, a notarization done at a US Embassy or Consulate has a legal presumption of validity on it's face.  An Embassy/Consulate has the ability to physically verify the ID presented (a passport) is true and belongs to the person presenting the document.  Furthermore, the notarial seal from a US Embassy/Consulate on a notarized document can also be easily verified back in the states, as can evidence of the validity of the ID presented to the Embassy/Consulate, should a court need such verification.

 

Finally....

 

Some states now allow for remote notarizations over video.  Most require the notary AND the person presenting the document to be in the same state.  But in all 50 sates, even for those who allow interstate notarization, both parties must be physically present in the United States.

 

There is a proposal to change this to allow remote notarizations for people located outside of the US, but there are significant issues with this and it is unlikely to happen anytime soon.  (Search for "RULONA ULC" if you want to know more about this proposal.)

 

In case anyone is wondering, I've previously been a Notary and looked into the possibility of providing this kind of service overseas, but it just isn't possible to do.