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San Diego Notary performed services out of geographic jurisdiction, is the notarized grant deed valid if completed in Mexico?

San Diego, CA |

A local notary crossed the border into Mexico to notarize a grant deed for the transfer sale of a house and filed it with the county recorder’s office as being completed in San Diego. Does this make the transfer invalid?

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Attorney answers 1

Posted

A notary public duly appointed and commissioned in the State of California may act as a notary only within the boundaries of the State of California.

Mark Steven Eisenberg

Mark Steven Eisenberg

Posted

Refer to California Government Code section 8200.

Asker

Posted

I understand that, and I read through the code but only found that they commited a felony but can that make the recorded deed invalid?

Mark Steven Eisenberg

Mark Steven Eisenberg

Posted

You haven't provided enough facts. Even if you can prove the deed was notarized in Mexico, it doesn't mean the deed itself is invalid, particularly if it effectuates the intent of both the grantee and the grantor. From a strictly technical standpoint, I suppose you could argue that the invalid notarization renders the RECORDING of the deed invalid. But that doesn't address the validity of the deed itself. Ultimately, a court will look to the intent of the parties to the deed to determine its validity, and the court has equitable power to excuse the notary's error, assuming it was harmless.

Asker

Posted

Thats what I was looking for, thank you so much for your time!!

Mark Steven Eisenberg

Mark Steven Eisenberg

Posted

My pleasure. If you like my answer, please let Avvo know by designating it as 'helpful' or as the 'best' answer. Thank you.

Nicholas Basil Spirtos

Nicholas Basil Spirtos

Posted

I started to answer, but yours was good enough and so thorough that no follow up was necessary.

Mark Steven Eisenberg

Mark Steven Eisenberg

Posted

Thanks!

Asker

Posted

This string only lets me mark as helpful unlike my other questions. Guess you have to have other comments to beable to select. •Mark as best answer •Mark as helpful •2 comments •Flag

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