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Notary vs. Apostille – And When Can Foreign Nationals Use Online Signatures
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Notary vs. Apostille – And When Can Foreign Nationals Use Online Signatures
When working with foreign national investors purchasing or refinancing real estate in the U.S. through DSCR (Debt Service Coverage Ratio) loan programs, questions often arise regarding document execution and validation — specifically, when a notary or apostille is required, and whether documents can be signed electronically.
Here’s what borrowers need to know.
🔍 What is a Notary?
A notary public is a government-authorized official who verifies the identity of the person signing a document, ensures they are signing willingly, and then applies an official stamp or seal.
Key facts:
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A notarized signature is often required for loan documents, such as the Note, Deed of Trust or Mortgage, and sometimes the Closing Disclosure (CD).
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U.S.-based notaries can be used for citizens or foreign nationals physically present in the U.S.
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Notarizations may also be done remotely via Remote Online Notarization (RON), depending on lender and title company policies.
🌍 What is an Apostille?
An apostille is a special form of certification issued under the Hague Convention of 1961 that verifies the legitimacy of a public document (such as a notarized signature) for international use.
When is an apostille required?
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If a foreign national borrower signs loan documents outside the U.S., and the documents are notarized by a foreign notary, then an apostille is usually required to validate the foreign notary’s authority.
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The apostille certifies the notary so that their signature is accepted by U.S. institutions such as the lender, title company, and county recorder.
📄 Notary vs. Apostille – Key Differences
Notary:
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Verifies the identity of the signer
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Commonly used for documents signed inside the U.S.
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Required for loan documents like the Note and Mortgage
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Can be done remotely using Remote Online Notarization (RON), if allowed by the lender and title company
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Issued by a U.S. state or local government official
Apostille:
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Certifies that a foreign notary or official is legitimate and recognized internationally
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Required when a foreign national signs documents outside the U.S. with a non-U.S. notary
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Validates the signature for use in the U.S. under the Hague Convention of 1961
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Must be obtained through the government of the country where the signing occurred
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Cannot be done electronically — only available through physical, wet-signed notarization
✅ Can Foreign Nationals Use Electronic Signatures in DSCR Loans?
Yes — but with some important limitations.
Most DSCR lenders do allow electronic signatures on the initial disclosures and non-notarized documents, such as:
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Loan application (1003)
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Preliminary loan disclosures
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Bank statements and personal financial statements
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Entity documents (LLC, EIN, operating agreement, etc.)
However, for closing documents, especially:
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The Note
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The Mortgage or Deed of Trust
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The Final Closing Disclosure (CD)
the signature must typically be:
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Wet-signed (hand-signed with ink)
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Notarized by an approved notary
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Apostilled, if signed outside the U.S. by a foreign notary
✨ When Remote Online Notarization (RON) Is Allowed
Some DSCR lenders allow foreign nationals to complete notarized closings using Remote Online Notarization, but only if:
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The title company also accepts RON
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The borrower has valid identification (passport, etc.)
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The borrower is in a country that does not legally prohibit RON
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The RON platform is recognized and approved by the lender
At Nadlan Capital Group, we regularly help coordinate closings using RON platforms — making it easier for foreign borrowers to complete their loans without flying to the U.S.
📞 Need Help With Your Closing Documents?
Whether you’re closing from Tel Aviv, Toronto, or Texas — our team at Nadlan Capital Group can walk you through your document requirements step by step, including apostille assistance and remote notary coordination.
Contact us today:
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Website: http://www.NadlanCapitalGroup.com
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