In almost all circumstances a properly executed real estate deed must be notarized to be valid. What happens if a party to the deed, especially the grantor, is somewhere outside of the United States when they need to execute the deed? The most common option is a Notarizing Officer. According to the U.S. State Department, Notarizing officers at any U.S. Embassy or Consulate abroad can provide a service similar to the functions of a notary public in the United States. It is also possible to have a real estate deed notarized by a local foreign notary and then have the document authenticated for use in the United States. In countries that are party to the Hague Apostille Convention, this is a simplified process.
Notarizing officers at U.S. Embassies and Consulates require the personal appearance of the person requesting the notarial service; establish the identity of the person requesting the service; establish that the person understands the nature, language and consequences of the document to be notarized; and establish that the person is not acting under duress. (22 C.F.R. 92.31). In addition, the notarizing officer must be satisfied that the act does not come within the purview of the regulatory bases for refusal to provide the notarial service set forth at 22 C.F.R. 92.9. This requires that the notarizing officer be generally familiar with the laws of the foreign country, U.S. law, and treaty obligations, or consult the Department of State when a matter is in doubt. In addition to the usual functions of notaries related to oaths, affidavits and acknowledgments, most notarizing officers may authenticate documents, a governmental act which is not performed by notaries in the United States. Note that not all notarizing officers are authorized to authenticate documents.
Of course, this service does come with a fee. There is a $50.00 fee for each notarial service. Also, there is a $50.00 fee for each authentication service provided by a U.S. Embassy or Consulate abroad. Fees may be paid in cash or by certified check or money order.
Military members serving overseas have on base options for the notarization of real estate deeds. Article 136 of the Uniform Code of Military Justice sets up the authority to administer oaths and to act as notary for specific military personnel.