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  #1  
Old 09-10-2008, 01:21 PM
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apostille from Canada not accepted -now what????


What is the name of your state (only U.S. law)? California

Hello,
My aunt has inherited a house in Los Angeles. My sister and I have "power of attorney" here in Canada. We are trying to sell the house in LA. for her. At first the escrow company said that a "power of attorney" was not recognized in the US when selling real estate and that we would need an apostille - which we have finally managed to get. Now they are saying that Canada isn't a member of the Hague Apostille Convention so we can't sell the house. They say that my aunt must go to a US embasy and sign papers. My aunt is in a nursing home. She is fine in mind but unable to travel or write. Where do we go from here? Can someone send us in the right direction?
ThanksWhat is the name of your state (only U.S. law)?
  #2  
Old 09-10-2008, 01:22 PM
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Contact the closest (to your aunt) US Embassy/consulate and ask them how you should proceed. Perhaps someone there can travel to her...
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  #3  
Old 09-10-2008, 01:31 PM
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distance a factor


Thanks for your quick reply. I will give them a call. Unfortunately, she lives in the far north and the closest embassy is more than 6 hours away. I'll see what they have to suggest.
  #4  
Old 09-10-2008, 02:56 PM
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Quote:
Originally Posted by penguin261 View Post
What is the name of your state (only U.S. law)? California

Hello,
My aunt has inherited a house in Los Angeles. My sister and I have "power of attorney" here in Canada. We are trying to sell the house in LA. for her. At first the escrow company said that a "power of attorney" was not recognized in the US when selling real estate and that we would need an apostille - which we have finally managed to get. Now they are saying that Canada isn't a member of the Hague Apostille Convention so we can't sell the house. They say that my aunt must go to a US embasy and sign papers. My aunt is in a nursing home. She is fine in mind but unable to travel or write. Where do we go from here? Can someone send us in the right direction?
ThanksWhat is the name of your state (only U.S. law)?
**A: this is simple. Have escrow send a new specific POA form naming you and your sister as attorney in fact, then have a notary take the form to the nusing home and aunty can sign and have the document notarized.
  #5  
Old 09-10-2008, 03:07 PM
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Quote:
Originally Posted by HomeGuru View Post
**A: this is simple. Have escrow send a new specific POA form naming you and your sister as attorney in fact, then have a notary take the form to the nusing home and aunty can sign and have the document notarized.
But, are you sure that the Canadian notary will be acceptable? I'm not saying it won't be, rather, I'm say that the bank needs to be asked this question.
__________________
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*
The information I gave is based on my 7 seconds of research on Google. Review the information yourself to make an informed decision.

Communication is KEY - 10 mins of talking now can save you months of headaches later!

Masterfully stating the obvious to the oblivious! (Thanks SP!)

Tell it like it is! When all else fails, make up a statistic!

Gender references shall apply equally to the other gender. I will not correct gender mistakes (unless I want to)
  #6  
Old 09-10-2008, 03:13 PM
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Quote:
Originally Posted by Zigner View Post
But, are you sure that the Canadian notary will be acceptable? I'm not saying it won't be, rather, I'm say that the bank needs to be asked this question.
**A: you're right, I missed that. The notary must be a US notary.
  #7  
Old 09-10-2008, 03:59 PM
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Google apostille canada hague authentication legalization.

There are several companies in Canada that provide services which (they say) are acceptable in the United States.
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  #8  
Old 09-11-2008, 11:39 AM
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Red face

Quote:
Originally Posted by seniorjudge View Post
Google apostille canada hague authentication legalization.

There are several companies in Canada that provide services which (they say) are acceptable in the United States.
**A: but the POA must be approved by the escrow company.
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