Notarizing for USA real estate closing while in Israel
Q. I am located in Israel but need to sign on real estate closing documents for use in the USA. What is the procedure?
This is a very common question I get asked as a Notary in Israel, and the answer is that there are, as of the date of this writing, three potential methods for notarizing in Israel on documents for use in a USA real estate transaction:
Option 1 - US Consulate/Embassy
The US Consulate/Embassy typically offers notarial services on USA documents, and generally speaking is what I refer to as the “Mehadrin” of the options because virtually all receiving parties accept the US Consulate/Embassy as a notarizing source.
However, there are some drawbacks. For instance, notarizing is expensive there. Currently, the fee is $50 per signature. So, if, for example, there are two people signing the same document, the fee will be $100 whereas with a local Israeli Notary (see option 3 below), it can be cheaper for the second signature at a fraction of that cost. However, often times the cost of obtaining the Apostille levels the playing field in terms of costs, so the US Embassy may not be more than a Notary.
More importantly, however, it can be difficult to obtain an appointment at the Embassy, and often times USA documents such as closing documents are very time sensitive.
Moreover, while as Notary I do not provide legal advice or get too much into the substance of each transaction’s documents, I oftentimes am able to spot errors or typos that can be crucial which are not spotted at the US Embassy.
As well, oftentimes the wait time to not only get to the Embassy but also wait there can be painful. And, oftentimes, they will refuse to notarize the documents for one reason or another.
Option 2 - Online Digital Notary
There are many websites that offer notarizations digitally through their platform where the Notary is based locally in the USA and notarized through webcam.
This can be a more affordable option (though not cheap) but oftentimes digital notarizations are not accepted, so one should clarify before trying an online digital notary. As well, as with the US Embassy, often mistakes are made that cause problems in the transaction down the road. And of course, the one signing digitally must be savvy enough to work with a webcam and do what is necessary to obtain the digital notary. For the technology deficient, this can prove to be challenging.
Option 3 - Notary with Apostille
The third option is to use a local Israeli Notary such as Mister Notary to notarize the documents and obtain apostilles on the notarizations of the documents from the Magistrate Court.
To explain briefly, for these purposes (there are other Apostilles from the Ministry of Foreign Affairs that pertains to other types of maters not relevant to USA closings, see this article for more on that) an Apostille is a sticker that the Magistrate Court places on notarizations of documents signifying that it has been properly notarized and authenticated under the Hague Convention, or Apostille Treaty. The treaty is between numerous countries including Israel and the USA in which each of these countries agrees to accept one another’s notarizations when an Apostille is affixed to them.
Although this procedure is certainly 100% “Kosher” and we at Mister Notary do it all the time, I do suggest that you check with the receiving party to ensure they will accept apostilled notarizations for the USA closing. (If they refuse, please let us know, as by law they must accept the apostilled notarizations).
The benefit to this service is that we handle all the bureaucracy for you, and there is no need to worry about technology issues, long shlepping and wait times at the US Embassy, etc. Plus, as described before, we have found important errors that saved transactions from failing down the road. Plus, although nobody suggests that notarizing is cheap in Israel, it can be cheaper in many instances, particularly where multiple parties are involved.
What is the procedure for option 3
Step 1 - Forward the documents in confidence to Mister Notary. Without seeing the documents we cannot confirm the fee because the fees are fixed by the Ministry of Justice in Israel based on number of documents and signatures per document. In any case, we need to review the documents to ensure that all is clear before proceeding.
Step 2 - Once we confirm that all is clear with the documents, we then ask for a clear photo or scan of the valid passport of the signor(s). Note, if one is signing for an entity such as a corporation or Trust, we need clear proof of exclusive signing authority of the signor for entity. This can typically be by way of an operating agreement or resolution or lawyer’s letter confirming as such, for instance.
Step 3 - After we have the documents and ID (and proof of signing authority if applicable) we can schedule the meeting for notarizing and apostilling the documents. We try to schedule everything in one meeting. We can explain how that works when you contact us.
Step 4 - After notarizing and apostilling is completed, we offer additional services such as scanning and DHL of the original documents to the recipient in the USA. Feel free to contact us to learn more.
Important Notes
The fees for notarizing are fixed by the Ministry of Justice based on signature per document. In order to obtain a quote, we must see the documents and then will be happy to provide a detailed breakdown of services and associated Ministry of Justice and other costs and expenses applicable.
Important Notes
While we understand that closing are often last minute, we suggest that you do your utmost to not wait until the last minute because notarizing and apostilling in Israel is a process. It’s not a matter of just “showing up and stamping” like it may be in the USA. Notarizing involves preparing notary covering pages, red ribbons, notary seals, etc. so try and budget enough time.
Similarly, do not expect originals to arrive overnight to the USA. Delivery times are longer coming from Israel generally.
Business hours are different in Israel. Sunday is a business day. Friday is not. That means the Magistrate Court for issuing Apostilles is not open on Fridays or Saturdays (Shabbat)! Also, as notary, I keep strict hours. I do not work on USA hours, but rather Israel time and that should be borne in mind.
Legal Disclaimer
This article does not contain legal advice. It is for general informational purposes only. Procedures may vary from the time of recording this video to you watching it.
Do you have a need for a notary on a USA closing? Call or whatsapp +972-54-325-7440 (054-325-7440) to get started!
