Notary Miami

GIUSEPPE SCOCCA , come  Notary Public  e Officer dello Stato della Florida puo’ svolgere i seguenti servizi notarili attestando la firma su vari tipi di documentazione.

Take Acknowledgment

  • Take Acknowledgment of different legal instrument (Deeds, Mortgages, Contracts, Power of Attorney, etc…)
  • Take Acknowledgment of Quitclaim deed
  • Take Acknowledgment of Grant deed
  • Take Acknowledgment of General Warranty deed
  • Take Acknowledgment of Special Warranty deed
  • Take Acknowledgment of Joint Tenants deed
  • Take Acknowledgment of Tenants in Common deed
  • Take Acknowledgment of Tenancy by the Entirety deed
  • Take Acknowledgment of Life Estate deed
  • Take Acknowledgment of Enhanced (Lady Bird) Life Estate deed
  • Take Acknowledgment of Living Trust deed
  • Take Acknowledgment of Trust deed
  • Take Acknowledgment of Fiduciary deed
  • Take Acknowledgment of Beneficiary designition deed
  • Take Acknowledgment of TOD transfer of death deeds in real estate (Florida does not allow)
  • Take Acknowledgment of TOD transfer-on-death registration for vehicles (Florida does not allow)
  • Take Acknowledgment of Power of Attorney
  • Take Acknowledgment of deed of Conveyance
  • Take Acknowledgment of Title deed
  • Take Acknowledgment of deed of Encumbrances include security interests, liens, servitudes, leases, restrictions
  • Take Acknowledgment of deed of Monetary Encumbrances
  • Take Acknowledgment of deed of Non Monetary Encumbrances
  • Take Acknowledgment of Lease deed
  • Take Acknowledgment of Morgage deed
  • Take Acknowledgment of Morgage Loan deed
  • Take Acknowledgment of Bill of sale deed
  • Take Acknowledgment of Loan deed
  • Take Acknowledgment of Living Will (health care declaration) deed
  • Take Acknowledgment of Bond of deed
  • Take Acknowledgment of Operating Agreement and Bylaws
  • Take Acknowledgment of Minutes of Members/Sheareholders/Board of Directors
  • Take Acknowledgment of Contract of Initial Capital Contribution
  • Take Acknowledgment of Contract of Selling Shares
  • Take Acknowledgment of Contract of Merger and Acquisition between companies
  • Take Acknowledgment of Contract Bond and Stock securities
  • Take Acknowledgment of Non disclosure agreement
  • Take Acknowledgment of General Agreement
  • etc…

Administer an Oath

  • Administer an Oath used in General Affidavit
  • Administer an Oath used in Affidavit of Small Estate
  • Administer an Oath used in Affidavit of Heirship
  • Administer an Oath used in Affidavit of Name Change
  • Administer an Oath used in Affidavit of Service
  • Administer an Oath used in Financial Affidavit
  • Administer an Oath used in Affidavit of Death
  • Administer an Oath used in Affidavit of Support
  • Administer an Oath used in ID Theft Affidavit
  • Administer an Oath used in Depositions
  • Administer an Oath used in Applications
  • etc…

Attested Photocopies

  • Attested Photocopies from the original document (not from the public record, see exceptions)
  • Attested Photocopies of different deeds or legal instruments from original documents
  • Attested Photocopies of Florida Drive’s License
  • Attested Photocopies of Florida Vehicle Title
  • Attested Photocopies of Social Security Card
  • Attested Photocopies of Diploma
  • Attested Photocopies of Medical Record
  • Attested Photocopies of U.S. Passport
  • Attested Photocopies of Lease
  • Attested Photocopies of Resident Alien Card
  • etc…
  • SOLEMNIZING MARRIAGE in Florida
  • VERIFYING VINs of your vehicle
  • CERTIFY SAFE DEPOSIT BOX in the bank.
  • APOSTILLE  In U.S. an Apostille is processed by the Secretary of State of Florida Department. After notarized the documentation, I will send all the documents via FedEx to ensure the security, speed and tracking ability of your documents to the Department. In case you sign the document and you need to leave the country, I will send you the documents in Europe.
  • TRANSLATION of the legal instrument from English in the Italian Language.
  • TRAVEL FEE, I can come to your location in Miami and Broward County

ATTENTION !!!

The Notary Public  in the U.S. may not give legal advice unless the notary public is a licensed attorney under §117.01(4)(f)

 

NOTARY PUBLIC  cannot  give the following notary services:

  • cannot notarize a signature on a document, if the personn is not in the presence of the notary public and the notary has not satisfactory evidence of identification;
  • cannot notarize a photograph;
  • cannot  provide a signature guarantees;
  • cannot certify the authenticity of objects, such as art or sport memorabilia;
  • cannot judge contest or certify contest result;
  • cannot certify a person’s residency or citizenship status.

ATTENTION !!! 

  • Before to call the Notary, you must have a valid State-issued photo ID, such as a Driver License or Passport;
  • Documents to be notarized must be in your possession;
  • Payments are to be made by Cash or Paypal or Credit Card ;
  • Wait until the Notary arrives to sign your document.

 

Who is the Notary Public?

Most Common Law systems have what is called in the United States a Notary Public, a public official, who certify the signature of the person, who produce a legal original document in front of the notary. A notary public is a public officer appointed and commissioned by the Governor whose function is to administer oaths; to take acknowledgments of deeds and other instruments; to attest to or certify photocopies of certain documents; and to perform other duties specified by law. Duties of a Notary Public. Notaries are authorized by U.S. Florida law to perform six basic duties: ■ Administer oaths or affirmations ■ Take acknowledgments ■ Attest to photocopies of certain documents ■ Solemnize marriage ■ Verify vehicle identification numbers (VINs) ■ Certify the contents of a safe-deposit box. Civil-law Notaries, or Latin Notaries: are lawyers registered at Notary BAR of the country. They are lawyers of noncontentious private civil law, who draft, take, and record legal instruments for private parties, provide legal advice and give attendance in person, and are vested as public officers with the authentication power of the State.

What is an Oath ?

An oath or affirmation is administered to a document signer when the signer is required to make a sworn statement about certain facts. The signer personally appears before a Notary to swear (or affirm) to the Notary, an officer duly appointed to administer oaths, that the information contained in the document is true. A person who makes a false oath or affirmation is subject to criminal charges for perjury. Sworn-statements are commonly used in affidavits, depositions, and applications. A notarization requiring an oath begins with the administration of an oath or affirmation. The courts have held that there should be a verbal exchange between the notary and the document signer in which the signer indicates that he or she is taking an oath. An oath similar to one administered in court by a judge or bailiff would be sufficient. Or, the Notary may simply ask, “Do you swear (or affirm) that the information contained in this document is true?” After receiving an affirmative answer, the Notary must complete a proper notarial certificate indicating that an oath or affirmation was taken.

What is an acknowledgment?

To take an acknowledgment, the document signer must personally appear before a Notary Public, and declare that he or she has signed the document voluntarily. The notary should ensure that the signer understands the document and has not been coerced into signing. If there is any question about the signer’s willingness to execute the document or his or her understanding of the contents of the document, the Notary should refuse to notarize and perhaps refer the person to an attorney for legal advice. The notary may want to ask the signer, “Do you acknowledge that this is your signature and that you are executing this document of your own free will?” If the answer is yes, the Notary should then complete a certificate which states that the execution of the document was acknowledged by the signer. Documents typically requiring an acknowledgment include deeds, mortgages, contracts, and powers of attorney (except those pertaining to motor vehicle titles).

What is an attested photocopy ( certified copy) and which photocopies cannot be attested?

In Florida, notaries are authorized to attest to the trueness of photocopies of certain documents. Although commonly known as certified photocopies, the notary Florida law refers to these documents as attested photocopies. A notary public may make attested photocopies if the following criteria, found in section 117.05(12) of the Florida Statutes, are satisfied. ■ The document must be an original document. A notary public cannot make an attested photocopy from a photocopy, or from another certified copy. ■ The document cannot be a public record, certified copies of which are available from another public official. If a certified copy can be obtained from the official source, then the notary public should decline the request. ■ The making of the photocopy must be supervised by the notary public. It is not sufficient for the notary public to compare the photocopy with the original document. The notary public must actually make the photocopy or supervise another person while he or she makes the photocopy. After making (or supervising the making of) the photocopy, the notary should complete a notarial certificate in substantially the same form as prescribed by law. This notarial certificate should be typed,stamped or written on the front or back of the photocopy or may be attached as a separate page. One of the most often asked questions concerning attested photocopies is whether a particular document is a public record. Notaries must make a determination about this question before attesting to the trueness of any photocopy. The following documents are examples of public records, copies of which cannot be attested to by a notary: ■ Birth certificate ■ Marriage certificate ■ Death certificate ■ Certificate of citizenship or naturalization ■ Documents filed in a court proceeding ■ Documents recorded by the Clerk of the Court ■ Public records maintained in government offices ■ Student records (transcripts, etc.) kept in public education offices ■ Federal or state income tax forms, already filed ■ Professional licenses issued by the State of Florida ■ Any document for which photocopying is prohibited This is not a complete list of public records. If the document is issued by a government entity, the notary should contact that entity to determine whether a certified copy is available. If one is available, then the notary public must decline to make an attested photocopy. Additionally, the notary should ask the person if the document has been filed in a court proceeding or in the official records at the courthouse. The following documents can be photocopied from the original (if not officially filed or recorded) and attested to by a notary, because certified copies cannot be obtained from another public official: ■ Florida driver’s license ■ Florida vehicle title ■ Social Security card ■ Diploma ■ Medical record ■ U.S. passport ■ Bill of sale ■ Contract ■ Lease ■ Resident alien card ■ Personal letter

Verify a VIN

Florida law requires that, when applying for a Florida Title for the first time on a used motor vehicle, the owner must sign a sworn statement that the vehicle identification number (VIN) and the odometer reading on the vehicle are correct. Additionally, a physical inspection of the vehicle must be done by an authorized person to certify the VIN. Notaries public are included in the list of persons authorized to certify this information.§ 319.23(3)(a)(2), Fla.Stat. A form prepared by the Department of Highway Safety and Motor Vehicles, HSMV 82042 (Rev. 5/95)S, is used for this purpose.Part A requires the owner’s sworn statement regarding the correct VIN and odometer reading. A jurat, or notarial certificate,is provided in this section. The notary should make sure that the information in Part A is complete prior to the notarization. Part B requires the notary public, or other authorized person, to certify that he or she has physically inspected the vehicle and found the VIN to be identical to the number recorded on the form. The notary public must include the date, sign the document, print his or her name, and affix his or her notary seal. This VIN verification form is also found on the Application for Certificate of Title With/Without Registration, HSMV 82040 (Rev. 5/96)S. These forms and all other forms related to vehicle registration are available from the tag office of the Tax Collector’s Office in each county.

What is an Apostille ?

The Hague Convention Abolishing the Requirement for Legalisation for Foreign Public Documents, the Apostille convention, or the Apostille treaty is an international treaty drafted by the Hague Conference on Private International Law. It specifies the modalities through which a document issued in one of the signatory countries can be certified for legal purposes in all the other signatory states. Such a certification is called an apostille (French: certification). It is an international certification comparable to a notarisation in domestic law.

May a Notary Legalize a document of another State?

Yes, but the notary should indicate the correct venue (State of Florida, County of ____) where the notarization occurred and complete a proper notarial certificate with all the requirements of the Florida notary law. This may mean that Notary have to revise the form, particularly it if was prepared under the laws of another state. Additions or corrections should be made by striking through any incorrect information and adding the correct information before completing the notarization. Always include the name of the person whose signature is being notarized and the type of identification relied upon, even if the form provided does not request that information.

What is a Deed?

A deed is any legal instrument in writing which passes, or affirms or confirms something which passes, an interest, right, or property and that is signed, attested, delivered, and in some jurisdictions sealed. It is commonly associated with transferring title to property. The deed has a greater presumption of validity and is less rebuttable than an instrument signed by the party to the deed. A deed can be unilateral or bilateral. Deeds include conveyances, commissions, licenses, patents, diplomas, and conditionally powers of attorney if executed as deeds. The deed is the modern descendant of the medieval charter, and delivery is thought to symbolically replace the ancient ceremony of livery of seisin.The traditional phrase signed, sealed and delivered refers to the practice of seals; however, attesting witnesses have replaced seals to some extent. Agreements under seal are also called contracts by deed or specialty; in the United States, a specialty is enforceable without consideration. In some jurisdictions, specialties have a liability limitation period of double that of a simple contract and allow for a third party beneficiary to enforce an undertaking in the deed, thereby overcoming the doctrine of privity.Specialties, as a form of contract, are bilateral and can therefore be distinguished from covenants, which, being also under seal, are unilateral promises. A deed is the document that transfers ownership of real estate. It contains the names of the old and new owners and a legal description of the property, and is signed by the person transferring the property. You can’t transfer real estate without having something in writing, which is almost always a deed. Here’s a brief rundown of the most common types of deeds: A quitclaim deed transfers whatever ownership interest a person has in a property. It makes no guarantees about the extent of the person’s interest. Quitclaim deeds are commonly used by divorcing couples; one spouse signs all his or her rights in the couple’s real estate over to the other. This can be especially useful if it isn’t clear how much of an interest, if any, one spouse has in property that’s held in the other’s name. (However, a quitclaim deed doesn’t relieve the individual transferring ownership from the mortgage, if there is one.) Quitclaim deeds are also frequently used when there is a “cloud” on title — that is, when a search reveals that a previous owner or some other individual, like the heir of a previous owner, may have some claim to the property. The individual can sign a quitclaim deed to transfer any remaining interest. A grant deed transfers ownership and implies certain promises — that the title hasn’t already been transferred to someone else or been encumbered, except as set out in the deed. A warranty deed transfers ownership and explicitly promises the buyer that the transferor has good title to the property, meaning it is free of liens or claims of ownership. The transferor guarantees that he or she will compensate the buyer if that turns out to be wrong. The warranty deed may make other promises as well, to address particular problems with the transaction.

Solemnizing your marriage in Florida

Florida is one of only three states (the other two are South Carolina and Maine) who authorize their notaries public to “solemnize the rites of matrimony.” §117.045, Florida Statutes. The Florida notary may perform a marriage ceremony providing the couple first obtain a marriage license from an authorized Florida official and may only perform such ceremony within the geographical boundaries of Florida. Thus, a Florida notary could not perform a marriage ceremony in another state. Additionally, a notary from another state, including South Carolina and Maine, could not perform a marriage ceremony in Florida. And, a Florida notary may not marry a couple who has obtained a marriage license from another state. There are many factors which determine the validity of a marriage. Assuming, though, that the notary public is duly appointed and commissioned at the time of the ceremony, that both the bride and the groom are qualified to be joined in marriage, that the couple have obtained the required marriage license, and that the marriage ceremony is performed in Florida, the marriage would be “legal and binding.” Florida law will presume a marriage to be legal until otherwise shown. An attorney may be able to be provide more specific information, if required.Section 741.07, Florida Statutes, provides that the following persons are authorized to solemnize matrimony: ■ State judicial officers (judges) ■ Retired state judicial officers ■ Federal judges serving in a court with jurisdiction over a part of this state (per Attorney General informal opinion, May 14, 1996) ■ Clerks of the Circuit Court. Note: Section 28.06 authorizes Clerks to appoint deputy clerks who have all the same powers of the Clerk. ■ Regularly ordained ministers of the Gospel, elders, or other ordained clergy, if in good standing with his or her affiliate church or denomination ■ Notaries Public ■ Designated members of the Society of Friends (Quakers) Officials Not Authorized to Perform Marriage ■ State Attorneys ■ Judges of Compensation Claims ■ Administrative Law Judges According to Attorney General Opinions 072-262 (August 11, 1972) and 92-62 (September 3, 1992), neither a state attorney nor a judge of compensation claims is a judicial officer of this state, and therefore, is not authorized to solemnize marriage.

What is a safety box?

Certifying the Contents of a Safe-Deposit Box Florida law provides that a financial institution may open a safe-deposit box if the rental fee is past due, providing that proper notice has been made and that certain other conditions are met. A notary public is authorized and required to be present for the opening of the safe-deposit box, to inventory the contents of the vault, and to make an appropriate certificate of the opening. The notary is not required to estimate the value of the contents of the safe-deposit box. The law authorizing notaries to perform this function became effective on July 3, 1992, and is found in section 655.94(1), Florida Statutes.

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