[RPPTL LandTen] Online Notary??

[Arthur J. Menor]

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 at lawjb.com<mailto:sebastian at 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<http://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 at evict.com<mailto:harry at 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:  www.evict.com<http://www.evict.com/>
Email: harry at evict.com<mailto:harry at evict.com>
<image001.png><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.



_______________________________________________
landten mailing list
landten at lists.flabarrpptl.org<mailto:landten at lists.flabarrpptl.org>
http://mailman.fsr.com/mailman/listinfo/landten

_______________________________________________
landten mailing list
landten at lists.flabarrpptl.org<mailto:landten at lists.flabarrpptl.org>
http://mailman.fsr.com/mailman/listinfo/landten
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/landten/attachments/20161121/c3aa8b79/attachment.html>