My clients often have their owners execute a POA so they can sign the lease for the owner.
I am reading about the legality of online notaries and it appears Virginia has this using webcam.
Sometimes an owner is in a foreign country where notary services are extremely expensive.
Anyone have experience with this?
Would it be legal for an owner to use one of these to give POA for a property manager to sign the lease here in Florida?
Harry
LAW OFFICES OF
HEIST, WEISSE & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website: http://www.evict.com/ www.evict.com
Email: mailto:harry@evict.com harry@evict.com
https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870
Visit us on Facebook
THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED.
I researched this matter for a Deed or a POA to execute a Deed. This deals
with the conveyance of real property, so not exactly on point but a good
starting point, from the Fund's Concept:
Sec. 689.01, F.S. requires signing in the presence of two subscribing
witnesses and Sec. 695.03(1), F.S. requires the acknowledgment to be made
before the notary public. Additionally, Sec. 117.107(9), F.S. requires that
the acknowledgment must be made in the presence of the notary public which
cannot be done under these circumstances. A video link does not constitute
being physically present. In addition, it may be difficult to confirm with
any certainty that the identification documents are authentic. Photocopies
or scanned images of identification documents may not transfer the
verification features like ultra-violet sensitive ink or laser holograms
and can be manipulated with commonly available software, making
verification of identification difficult to establish.
Sebastian Jaramillo, Esq.
Florida Board Certified in Real Estate Law
66 W. Flagler St Suite 500 Miami, FL 33130
Tel: (305) 600-3805 Fax: (786) 347-5562
www.lawjb.com
For payments please click here
https://secure.lawpay.com/pages/jblaw/operating.
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1986, as amended.
On Mon, Nov 21, 2016 at 6:40 PM, Harry Heist harry@evict.com wrote:
My clients often have their owners execute a POA so they can sign the
lease for the owner.
I am reading about the legality of online notaries and it appears Virginia
has this using webcam.
Sometimes an owner is in a foreign country where notary services are
extremely expensive.
Anyone have experience with this?
Would it be legal for an owner to use one of these to give POA for a
property manager to sign the lease here in Florida?
Harry
*LAW OFFICES OF HEIST, WEISSE & WOLK P.A.PH: 1 800 253 8428
<1%20800%20253%208428>FAX: 1 800 367 9038 <1%20800%20367%209038>"Serving
the Property Management Professional"Website: *www.evict.com
http://www.evict.com/
https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870
Visit us on Facebook
THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND
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The Real Property Problems Study Committee is currently studying the possibility of proposing a Florida remote notarization statute like Virginia's.
Sent from my iPhone
On Nov 21, 2016, at 6:54 PM, Sebastian Jaramillo <sebastian@lawjb.commailto:sebastian@lawjb.com> wrote:
I researched this matter for a Deed or a POA to execute a Deed. This deals with the conveyance of real property, so not exactly on point but a good starting point, from the Fund's Concept:
Sec. 689.01, F.S. requires signing in the presence of two subscribing witnesses and Sec. 695.03(1), F.S. requires the acknowledgment to be made before the notary public. Additionally, Sec. 117.107(9), F.S. requires that the acknowledgment must be made in the presence of the notary public which cannot be done under these circumstances. A video link does not constitute being physically present. In addition, it may be difficult to confirm with any certainty that the identification documents are authentic. Photocopies or scanned images of identification documents may not transfer the verification features like ultra-violet sensitive ink or laser holograms and can be manipulated with commonly available software, making verification of identification difficult to establish.
Sebastian Jaramillo, Esq.
Florida Board Certified in Real Estate Law
[https://docs.google.com/a/lawjb.com/uc?id=0B9R1L9rA4kjsNmdOUDZ1RHk1dEE&export=download]
66 W. Flagler St Suite 500 Miami, FL 33130
Tel: (305) 600-3805 Fax: (786) 347-5562
www.lawjb.comhttp://www.lawjb.com
For payments please click herehttps://secure.lawpay.com/pages/jblaw/operating.
This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the system manager. This message contains confidential information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited.
IMPORTANT TAX NOTICE: This communication is not written to be used, and cannot be used, by a taxpayer for the purpose of avoiding penalties that may be asserted against the taxpayer under the Internal Revenue Code of 1986, as amended.
On Mon, Nov 21, 2016 at 6:40 PM, Harry Heist <harry@evict.commailto:harry@evict.com> wrote:
My clients often have their owners execute a POA so they can sign the lease for the owner.
I am reading about the legality of online notaries and it appears Virginia has this using webcam.
Sometimes an owner is in a foreign country where notary services are extremely expensive.
Anyone have experience with this?
Would it be legal for an owner to use one of these to give POA for a property manager to sign the lease here in Florida?
Harry
LAW OFFICES OF
HEIST, WEISSE & WOLK P.A.
PH: 1 800 253 8428tel:1%20800%20253%208428
FAX: 1 800 367 9038tel:1%20800%20367%209038
"Serving the Property Management Professional"
Website: www.evict.comhttp://www.evict.com/
Email: harry@evict.commailto:harry@evict.com
<image001.png>https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870
Visit us on Facebook
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I would love to have a remote notary statute. I have had two transactions die because the people whose notarized signatures I needed were in Europe and there was no time to make appointments with the Embassy and ship the documents over! I have found that it is exceedingly difficult and expensive to get notarized documents out of country.
Deborah Marks
Deborah Marks, PA
18495 South Dixie Highway
Suite 134
Miami, FL 33157
305-372-9400
Sent from my iPad
Can a person live in France, have property in Florida and have their
signature be remotely notarized in a state where remote notarization is
legal like Virginia?
If so, it could be great.
Possibly we can get this introduced in Florida for next session.
I will get the statute and share it with the group.
Harry
LAW OFFICES OF
HEIST, WEISSE, & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website: www.evict.com
Email: harry@evict.com
THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND
INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR
DISTRIBUTION IS STRICTLY PROHIBITED.
-----Original Message-----
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Deborah Marks
Sent: Monday, November 21, 2016 9:11 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Online Notary??
I would love to have a remote notary statute. I have had two transactions
die because the people whose notarized signatures I needed were in Europe
and there was no time to make appointments with the Embassy and ship the
documents over! I have found that it is exceedingly difficult and expensive
to get notarized documents out of country.
Deborah Marks
Deborah Marks, PA
18495 South Dixie Highway
Suite 134
Miami, FL 33157
305-372-9400
Sent from my iPad
landten mailing list
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http://mailman.fsr.com/mailman/listinfo/landten
I believe this is the relevant law in Virginia. http://law.lis.virginia.gov/vacode/title47.1/
If this would not get too much opposition, it should be an easy bill to write up, get sponsors for and pass.
Harry
LAW OFFICES OF
HEIST, WEISSE & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website: http://www.evict.com/ www.evict.com
Email: mailto:harry@evict.com harry@evict.com
https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870
Visit us on Facebook
THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED.
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Arthur J. Menor
Sent: Monday, November 21, 2016 8:32 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Online Notary??
The Real Property Problems Study Committee is currently studying the possibility of proposing a Florida remote notarization statute like Virginia's.
Sent from my iPhone
On Nov 21, 2016, at 6:54 PM, Sebastian Jaramillo sebastian@lawjb.com wrote:
I researched this matter for a Deed or a POA to execute a Deed. This deals with the conveyance of real property, so not exactly on point but a good starting point, from the Fund's Concept:
Sec. 689.01, F.S. requires signing in the presence of two subscribing witnesses and Sec. 695.03(1), F.S. requires the acknowledgment to be made before the notary public. Additionally, Sec. 117.107(9), F.S. requires that the acknowledgment must be made in the presence of the notary public which cannot be done under these circumstances. A video link does not constitute being physically present. In addition, it may be difficult to confirm with any certainty that the identification documents are authentic. Photocopies or scanned images of identification documents may not transfer the verification features like ultra-violet sensitive ink or laser holograms and can be manipulated with commonly available software, making verification of identification difficult to establish.
Sebastian Jaramillo, Esq.
Florida Board Certified in Real Estate Law
https://docs.google.com/a/lawjb.com/uc?id=0B9R1L9rA4kjsNmdOUDZ1RHk1dEE&export=download
66 W. Flagler St Suite 500 Miami, FL 33130
Tel: (305) 600-3805 Fax: (786) 347-5562
www.lawjb.com
For payments please click here https://secure.lawpay.com/pages/jblaw/operating .
This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the system manager. This message contains confidential information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited.
IMPORTANT TAX NOTICE: This communication is not written to be used, and cannot be used, by a taxpayer for the purpose of avoiding penalties that may be asserted against the taxpayer under the Internal Revenue Code of 1986, as amended.
On Mon, Nov 21, 2016 at 6:40 PM, Harry Heist harry@evict.com wrote:
My clients often have their owners execute a POA so they can sign the lease for the owner.
I am reading about the legality of online notaries and it appears Virginia has this using webcam.
Sometimes an owner is in a foreign country where notary services are extremely expensive.
Anyone have experience with this?
Would it be legal for an owner to use one of these to give POA for a property manager to sign the lease here in Florida?
Harry
LAW OFFICES OF
HEIST, WEISSE & WOLK P.A.
PH: 1 800 253 8428 tel:1%20800%20253%208428
FAX: 1 800 367 9038 tel:1%20800%20367%209038
"Serving the Property Management Professional"
Website: http://www.evict.com/ www.evict.com
Email: mailto:harry@evict.com harry@evict.com
https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870 <image001.png>
Visit us on Facebook
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landten mailing list
landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten
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Apparently yes!
I just went to www.notarycam.com and it looks like this is what they do and the documents can be used in all 50 States! $79 international...
This is a great emergency lifesaver.
Deborah Marks
Deborah Marks, PA
18495 South Dixie Highway
Suite 134
Miami, FL 33157
305-372-9400
Sent from my iPad
On Nov 21, 2016, at 10:33 PM, Harry Heist harry@evict.com wrote:
Can a person live in France, have property in Florida and have their
signature be remotely notarized in a state where remote notarization is
legal like Virginia?
If so, it could be great.
Possibly we can get this introduced in Florida for next session.
I will get the statute and share it with the group.
Harry
LAW OFFICES OF
HEIST, WEISSE, & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website: www.evict.com
Email: harry@evict.com
THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND
INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR
DISTRIBUTION IS STRICTLY PROHIBITED.
-----Original Message-----
From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Deborah Marks
Sent: Monday, November 21, 2016 9:11 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Online Notary??
I would love to have a remote notary statute. I have had two transactions
die because the people whose notarized signatures I needed were in Europe
and there was no time to make appointments with the Embassy and ship the
documents over! I have found that it is exceedingly difficult and expensive
to get notarized documents out of country.
Deborah Marks
Deborah Marks, PA
18495 South Dixie Highway
Suite 134
Miami, FL 33157
305-372-9400
Sent from my iPad
landten mailing list
landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten
landten mailing list
landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten