Forms Needed To Be Notarized....
Im fairly new to this forum but have been reading constantly since I found it. I've seen posts that the deed is the only paper that needs to be notarized, however most POA forms I find have a space for a notary to sign. Is this necessary with Sub2 investing? Or is the only document you need notarized is the deed? Thanks
As a rule: Any form that gets recorded MUST get notarized. POA isn't a must for Sub-2, it's more of a CYA piece of paper.
To add a little to what samedwin posted...
My understanding (PA) is that if a Power of Attorney is used in connection with any real estate transaction, it must be recorded and therefore, must be notarized.
It's sufficient to just say that anything that might have to be recorded, had better be notarized, because without that, it cannot be recorded anywhere.
Does every POA have to be recorded?
I can think of some cases where nobody would ever even know a POA existed, as the POA was obtained for backup/standby emergency use only, if needed, and it wasn't, so obviously no need to record, thus no need for NP.
Would a POA be actionable to sue on in court without NP?
Yes, just like any other contract...but if it involves RE, then Statute of Frauds says it must have NP signature to have any real validity...and without the NP signature, it wouldn't withstand legal attack and would be ruled invalid conveyance of interest without the NP.
If we were talking about personal property, there might be no need for NP, depending on what kind of personal property, what state, etc.
I suspect most or all auto licensing laws in USA require the transfer of title to be notarized, but don't know this to be true and there just might be a state or two which do NOT so require..