Need Legal Help ASAP
Has anyone sold property in the US while residing in CR? My stateside attorney and realtor have just contacted me with a requirement I do not know...
Geegee B. replied:
Stewart Title is everywhere... I think here in C.R. so try to go there and see if they can handle this for you. www.CostaRicaMountainHomes.com
Chuck C. replied:
DocuSign Docusign is a valid and legitimate system for obtaining electronic signatures. I used it recently representing two clients as a dual agent, one who was in India during the closing. The closing documents were only completed within an hour of t he signing of the HUD – 1 statement. IRS regulations do not allow the use of this type of system. Maybe that will change down the road. Electronic signatures are valid and legally binding, if they meet certain requirements, under a federal law known as ESIGN, or the Electronic Signatures in Global and National Commerce Act (15 USC 7001 et. seq.). This law makes electronic signatures valid and legally binding, and covers everything from an online signature for a credit card application to the check mark that you fill in every time you agree to the terms and conditions of a software license and in the event of a property transfer. It's a very broad law that preempts, or overrides, most state laws. But there's a few things it doesn't apply to. One notable exception is wills. You can't electronically sign your will. Other exceptions relate to the requirements of state and local courts. The law is aimed primarily at private industry one which is the real estate industry. ESIGN does not limit, override, or supersede the authority of federal agencies such as the IRS, SEC, and the FTC. Let me make this SIMPLE ! Go to www.legalnature.com/Power-of-Attorney . Fill out the Power of Attorney for Virginia, then go to a local attorney in your town in Costa Rica and have him witness it and notarize the document. Attorneys are Notaries in Costa Rica unlike the US. Overnight the document to the Virginia attorney. A title company will have to verify the deed. There is no way around it and if your signature is on the original deed you do not have to sign it again.
Craig R. replied:
I just did it with a New Jersey property. There were. 5 required disclosures to execute it. Signatures had to be ours, no poa, and notarized by a U.S. Notary. Electronic Signing was not acceptable. The Closing Attorney e-mailed us the docs which we pr inted. We had to present ourselves at the U.S. Embassy for signing. $50 per seal (ouch). The Attorney had provided us a prepaid, preaddressed Fed-Ex label. Make a copy before sending it. Also, you need to make an appointment with the Embassy. You can do it on-line and there will be no appointments for days. Call instead.
Chuck C. replied:
I I am an attorney but not registered in Virginia and have a real estate license in Virginia so I have to be careful in the information I provide. But send me details and I will see what I can do in the next day or two. just sold an investment propert y in North Carolina and told the closing attorney to send me an e scan for the Power of Attorney. If you are a legal resident of the United States all the language is BS. I am an Attorney and live in Tamarindo, Ecuador and Charlotte. I also just represented a client from Brazil selling a property from a divorce settlement and the only problem I had was the Attorneys did not want to close because the documents were in Portuguese. I told him to get off his lazy A.. and find an interpreter. There are lazy Attorneys and even worse Brokers. You have not said if you are a citizen of Costa Rica. Send an e mail chuckchildersrealty@yahoo.com.
Pamela H. replied:
http://www.oldrepublictitle.com/vanational/Index.asp just one of many i am sure... all your documents should tell you where the closing is taking place.. attorneys office, escrow office.. etc .. call and ask them sounds like your realtor is an $*%(... exactly what are paying a realtor for if you have to find out all of this yourself... LOL... sorry. ..but as a realtor for MANY years I would never leave this up to my clients.. i would have taken care of it for them..
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Nicole G. replied:
Julie Judd Gibson is! But she's in Folsom
Shannon J. replied:
Nicole Gibson dang, yeah I am pretty stuck out in the Bay carless. Thanks for responding. Ben I know but they need ID