# selling property in states while in Mexico



## surfrider (Oct 4, 2011)

I am selling my house in the states and in escrow I will have to sign over the deed in front of a notary, however - I will be here and not there to sign. So the question is:
To sign a deed from another country while in Mexico, do you have to go to an attorney here, go to the embassy. What? I am sure some of you have done this - even though I am an e-Realtor I do not know this answer. What have others done when you sold your house while living here?


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## TundraGreen (Jul 15, 2010)

surfrider said:


> I am selling my house in the states and in escrow I will have to sign over the deed in front of a notary, however - I will be here and not there to sign. So the question is:
> To sign a deed from another country while in Mexico, do you have to go to an attorney here, go to the embassy. What? I am sure some of you have done this - even though I am an e-Realtor I do not know this answer. What have others done when you sold your house while living here?


The only people in Mexico who can provide a US-legal notary service are the US Consulates and the US Embassy. It will cost around $500 pesos. Look at the web site for the nearest Consulate. They may have restricted hours for notarizing documents and may require an appointment.


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## cuylers5746 (Mar 19, 2012)

*More information please on closing Escrow out of the country*

Hi TundraGreen;

When did that law take effect? We sold our condo in Florida in 2003 and did it entirely with our local Notario. It may be cheaper just to get a cheap flight up there after the holidays to go to the close of Escrow? Since in a lot of States to close Escrow you might have to sign 16-25 pages? At $200.00 per page just for the Notario to affix his seal on it, it starts adding up. First you have to pay a court approved Translator to translate each and every page into Spanish.

Basically, the Notario has to have you pay for a Translator for every single page you have to sign into Spanish. Then he affixes his seal next to your signature and a copy of the original in English that you sign for the Escrow Company too.

It was a hassle that took several days to get completed. 

TundraGreen please advise further? I'm not doubting you I just want to know more myself, as we're thinking of buying a place in northern Florida for a summer home for a few months each year and to be closer to our son for some Christmas Holidays too. Hey at 65% off from top of the RE Boom in 2005-2006, I think it's a hell of an investments, especially at 3.2% fixed 30 year Mortgages.


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## TundraGreen (Jul 15, 2010)

cuylers5746 said:


> Hi TundraGreen;
> 
> When did that law take effect? We sold our condo in Florida in 2003 and did it entirely with our local Notario. It may be cheaper just to get a cheap flight up there after the holidays to go to the close of Escrow? Since in a lot of States to close Escrow you might have to sign 16-25 pages? At $200.00 per page just for the Notario to affix his seal on it, it starts adding up. First you have to pay a court approved Translator to translate each and every page into Spanish.
> 
> ...


I am not a lawyer and I cannot find any evidence on the internet that spells out exactly what the law is. I suspect the requirements for a legal signature on a sales document vary by state and even by county. However, it is my understanding that no one outside the US can notarize a signature in a legally binding way except an agent of the US State Department.

A Mexican Notario Publico is not a US notary public despite the similarity of the terms. A notary public is someone with a small amount of training and a license to certify signatures. A Notario Publico is a senior attorney with a state issued license to handle some types of legal transactions in Mexico. But Notario Publicos have no standing with regard to US legal requirements.

The US consulate will not require translation to Spanish. I do not know how they charge for multiple signatures, but I am guessing that there would only be one charge for a multiple page document that is initialed on every page and signed at the end.

It seems much safer to me to get the US Consulate/Embassy to notarize any US documents. If the legality is ever disputed, you will be on much firmer ground than relying on a Mexican procedure. And of course it works the other way as well. If buying property in Mexico, you need to deal with a Notario Publico not a US attorney/real estate agent, and certainly not a US notary public.


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## edgeee (Jun 21, 2012)

Nothing personal, but i sure wish i had your problems.
(Spoken like a true loser with no real property.)


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## Longford (May 25, 2012)

The U.S. Consular office is where the notary seal should be applied.


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## RVGRINGO (May 16, 2007)

We also sold a US property, using a Mexican Notario. No translation was needed. It is all very legal. The only other option is to take the deed to the US Consulate and use their notary service. Yes, the cost will be about $500 pesos, either way.


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