Legal Question in Real Estate Law in Virginia

quit claim forms

what if you don't live in the state you need the quit claim form for ?

Do you have to go to that state to have it notorized?


Asked on 2/21/09, 9:52 am

2 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: quit claim forms

You should be able to download an appropriate form from the Internet for that particular state. And, no, you can have it notarized in the state where you currently reside.

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Answered on 2/21/09, 1:40 pm
Jonathon Moseley Moseley & Associates Law Firm

Re: quit claim forms

If your question is can you SIGN the quitclaim deed for real estate that is located in another State (a) while you are in a different State and (b) using the Notary Public of a different State, YES, that is fine.

Now, you have to make sure that the quitclaim deed is correct FOR THAT OTHER STATE.

But assuming that you have a legally proper document for that State, your signature is valid no matter where you are when you sign. And the Notary of ANY of the 50 States will be honored. (Contrast this, for example, with foreign countries, where this might NOT be true, and you might need an "Apostille" to verify the Notary.)

From your question I gather that you live in Maryland and the property is in Virginia (you named Virginia law).

Virginia would recognize as valid your signature, and the Maryland Notary. You would not have to travel to Virginia only to sign the papers.

Note also that you would find out real quick if there is any problem, because the Clerk of Court (Registrar of Deeds) would refuse to record the deed, and you would have a chance to fix it right away.

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Answered on 2/21/09, 1:41 pm


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