Do texas lien waivers need to be notarized by a texas notary, or can the notary be from another state? Please provide statute reference.
Feb 20, 2018
In Texas, lien waivers and releases must be notarized as required by § 53.281(2)(b) of the Texas Property Code, which states: "(2) the waiver and release is signed by the claimant or the claimant’s authorized agent and notarized." As a more general matter, every state traditionally recognizes notarial commissions of other states. In Texas, such recognition is codified in Tex. Gov’t Code Ann. § 121.001(b). That section reads: "An acknowledgment or proof of a written instrument may be taken outside this state, but inside the United States or its territories, by: (1) a clerk of a court of record having a seal; (2) a commissioner of deeds appointed under the laws of this state; or (3) a notary public." Thus, a notary public located outside of the state of Texas may notarize Texas documents, including lien waivers. Of course, the out-of-state notary must still abide by the rules of the jurisdiction in which they are commissioned, and the notarization must actually take place where that notary is commissioned to perform their duties.