A real estate notary in Nebraska, often referred to simply as a notary public with expertise in real estate transactions, plays a crucial role in facilitating property transactions.

Real estate notaries in both residential and commercial real estate transactions ensure the legality and smooth execution of the process for both sides.

Their responsibilities encompass a wide range of tasks. From verifying documents, to witnessing signatures and ensuring compliance with legal requirements. In this guide, we’ll dip into the specifics of what a notary does at residential and commercial real estate closings and sales.

A notary’s responsibilities typically include:

Document Verification: Notaries verify the authenticity of legal documents related to real estate transactions, such as deeds, mortgages, and contracts.

Witnessing Signatures: They witness the signing of these documents, ensuring that all parties involved sign them willingly and understand their contents.

Administering Oaths: In some cases, notaries administer oaths or affirmations to parties involved in the transaction, affirming the truthfulness of the information provided.

Certification and Sealing: Notaries affix their official state of Nebraska stamp to the documents to certify that they were properly executed and witnessed.

Record-Keeping: They maintain records of the transactions they oversee, which may include copies of the documents and any relevant communications.

Compliance and Legal Requirements: Notaries ensure that all transactions comply with relevant laws and regulations governing real estate transactions in Nebraska.

Real estate notaries play a vital role in ensuring the legality of real estate transactions, both residential and commercial, providing  assurance and legal validity to the parties involved.

Residential Real Estate Closings and Sales

In Nebraska residential real estate transactions (such as the sale or purchase of a home) a notary’s involvement is critical from start to finish. Here’s what they typically do:

Document Verification:

One of the first tasks of a real estate notary in a residential closing is to verify the authenticity and completeness of the documents involved. This may include the purchase agreement, mortgage documents, title insurance policies, and any other relevant paperwork.

Witnessing Signatures:

During the closing process, the notary witnesses the signing of important documents by the buyer, seller, and any other parties involved, such as lenders or agents. They ensure that each party signs the documents willingly and understands their contents.

Certifying Documents:

After witnessing the signatures, the notary certifies the documents by affixing their official state of Nebraska stamp. This certification is crucial for establishing the legality and validity of the transaction.

Record-Keeping:

The notary maintains records of the transaction via the Nebraska Notary Journal. These records serve as a valuable reference in case of disputes or legal issues.

Compliance and Legal Requirements:

Throughout the closing process, the notary ensures that all parties comply with relevant Nebraska laws and regulations governing real estate transactions. This includes verifying the identities of the parties involved and confirming that the transaction completed.

In some cases as needed, Nebraska Notary can even hand deliver or mail the finalized closing documents to any needed destination on behalf of our clients.

Commercial Real Estate Closings and Sales

In Nebraska commercial real estate transactions, which involve properties such as office buildings, retail spaces, or industrial complexes, the role of the notary is similar to that in residential closings.¬† But, may involve additional complexities. Here’s what they do:

Due Diligence:

Before the closing, the notary may assist in conducting due diligence, which involves reviewing various documents and conducting searches to ensure that the property is free of any encumbrances or legal issues that could affect the transaction.

Coordination with Multiple Parties:

Commercial real estate transactions often involve multiple parties, including buyers, sellers, lenders, investors, and attorneys. The notary plays a key role in coordinating with these parties to ensure that the closing proceeds smoothly and all necessary documents are properly executed.

Post-Closing Duties:

After the closing, the notary may be responsible for recording the transaction with the appropriate government authorities, such as the county recorder’s office. They may also provide copies of the documents to the parties involved for their records.

You Must Use A Notary Public for a Real Estate Closing in Nebraska

In both residential and commercial real estate transactions, notaries play a crucial role in ensuring the legality and smooth execution of the process. From verifying documents to witnessing signatures and ensuring compliance with legal requirements, their expertise is invaluable in facilitating successful closings and sales.

Whether it’s a family purchasing their first home or a corporation acquiring a large commercial property, notaries help ensure that the transaction proceeds smoothly and in accordance with the law.

We can help you finalize your real estate closing, usually in the same day as you reach out to us. Contact us today.

Published On: June 2nd, 2024 / Categories: Blog /