Sunday, January 30, 2011

Home

"I'm going home". One of those simple statements that is saturated with meaning.

Home is where the heart is.

A man's home is his castle.

Home Sweet Home.

There's no place like home.

I am sure you could add to this list!

Even the phrase "running away from home" is heavy with emotion and you know there is a story attached!

Our home and where we choose to live is such a mirror of who we are and what is important to us. We pick our neighborhoods to match our life style. Urban settings speak something totally different than rural country living. Even in the urban areas, single family homes close to schools and parks tell a different story than a life lived in a compact condo close to shopping and theaters.

What do you look for when shopping for a new home? For me the kitchen is the most important space. I love to cook and entertain family and friends and having space for guests to sit and visit while food is being prepared, or even better, enough space for everyone to pitch in and help is vital. Having the kitchen open onto an outdoor space with room for alfresco dining and access to a garden full of fragrant herbs and fresh veggies is the ultimate!

Whatever you are looking for in a new home, this purchase is one of the most important and probably biggest investment you will make. Not only is it significant financially but moving usually is the result of a major change in your life. Your first purchase on your own, your first home together as a couple, a change in employment, needing more space for a growing family and even downsizing as life circumstances change all add to the emotional nature of the transaction.

One of the most rewarding things I do as a Notary Public is help my clients through the legal aspects of this purchase.

The process includes:

- review the Contract of Purchase and Sale prepared by the Realtor, or help the purchaser prepare the contract in a private purchase

- search the title of the purchase property and discuss the charges such as easements and building schemes that are registered against the property with my clients

- receive mortgage instructions from the client's lender and prepare mortgage documents for signing and registration at the Land Titles Office

- prepare the transfer and supporting documents that will register the transfer to the new owners and send them to the legal representative of the sellers for signing

- receive mortgage and down payment money into my trust account and disburse those funds to complete the purchase

- register the transfer and mortgage documents at the Land Title Office.

The best part is when I call my client and say; "Congratulations! You have a new Home!".

Saturday, January 29, 2011

Getting There

It is interesting talking to clients and acquaintances about their perceptions of what a Notary Public does and the requirements to become a member of this profession.

As I said in my previous post, Notaries in some jurisdictions just "notarize" documents and many people are surprise to find the scope of legal services we provide under the Notaries Act in British Columbia. The Society of Notaries Public of British Columbia takes its responsibility to the public very seriously and consequently hold its members to a high standard, both in the areas of education and professional performance. The Society's Constitution and Bylaws are approved by the Attorney General of the Province and we function under a strict code of Ethics and Professional Conduct and Rules.

The process of becoming a Notary is outlined on the Society website and can be found here. It begins with an application and screening process by the Society. Successful applicants who are "Approved-in-Principle" must complete the Master of Arts in Applied Legal Studies (MAALS) degree at SFU which includes the Statutory examinations required by the Notaries Act. The final step is taking the oath of office before a judge in the BC Supreme Court.





Monday, January 24, 2011

So what exactly is a Notary anyway?

Notaries have a long and distinguished history dating back to 1700 BC where they laid down the oldest evidence of recorded law, the Codex Hammurabi or The Code of Hammurabi. The Code, written by the Babylonian King Hammurabi, laid out 282 laws a translation of which can be found here.

In Ancient Rome, where they were called scribae ("scribe"), tabellius ("writer"), or notarius ("notary"), the role of the Notary was to provide legal assistance, authenticate documents and keep official archives. As the Roman Empire declined, the role of the Catholic Church increased in society, developing an administrative nature. Many of the clergy found it helpful to retain the service of a Notary and as a consequence, the Vatican became responsible for the appointment of Notaries.

Today Notaries are found practicing in many countries. There are two distinct types of Notaries; civil-law Notaries (also called Latin Notaries) , and common-law Notaries Public. Civil-law Notaries are lawyers who practice in an area of private law concerning transactions between individuals as opposed to law involving the State (for example criminal law). Their areas of practice include residential and commercial conveyancing and registration, contract drafting, business engagements, transactions, successions and estate planning and powers of attorney.

In common-law jurisdictions a Notary Public is a practitioner trained to draft and execute legal documents. The role of the Notary varies widely from place to place and the use of the word "Public" points to the fact that Notaries are appointed to position by a governing authority to provide a service to the public. In most provinces in Canada and in much of the US, Notaries Public are restricted to administering oaths, witnessing signatures on affidavits and statutory declarations, providing acknowledgments, certifying true copies etc. Quebec does not have Notaries Public, only civil-law Notaries.

British Columbia is unique in Canada (outside of Quebec), indeed in North America, in the extensive area of law that we practice in. We are appointed by the Supreme Court of British Columbia and governed by the Notaries Act ,and the Society of Notaries Public of British Columbia providing non-contentious legal services such as:
  • Affidavits for All Documents required at a Public Registry within BC
  • Authorization of Minor Child Travel
  • Business Purchase/Sale
  • Certified True Copies of Documents
  • Commercial Leases & Assignment of Leases
  • Contracts and Agreements
  • Easements and Rights of Way
  • Estate Planning
  • Execution/Authentications of International Documents
  • Health Care Declarations
  • Insurance Loss Declarations
  • Letters of Invitation for Foreign Travel
  • Manufactured Home Transfers
  • Marine Bills of Sale and Mortgages
  • Marine Protestations
  • Mortgage Refinancing Documentation
  • Notarizations/Attestations of Signatures
  • Passport Application Documentation
  • Personal Property Security Agreements
  • Powers of Attorney
  • Proof of Identity for Travel Purposes
  • Purchaser's Side of Foreclosures
  • Representation Agreements
  • Residential and Commercial Real Estate Transfers
  • Restrictive Covenants and Builder's Liens
  • Statutory Declarations
  • Subdivisions and Statutory Building Schemes
  • Wills Preparation
  • Wills Searches
  • Zoning Applications





Sunday, January 23, 2011

Welcome to My New Blog

Welcome to my new blog! With my first post I would like to take a moment to introduce myself.
My name is Janice Grunert and I am a Notary Public in and for the Province of British Columbia. I live and work in Kamloops with an office at 101-1150 Hillside Drive.

Being a Notary Public is a relatively new career for me. I was commission in May of 2009 and have been practicing now for almost two years. I am also a member of the British Columbia College of Teachers and have taught both elementary and high school in Kamloops and Prince George where I specialized in working with children with learning difficulties. I have also taught music both within the school setting and in my private music studio.

So, you may ask, why did I make the switch from classroom teacher to Notary? Good question!

I love teaching. Sharing knowledge with my students, watching them discover new things, master new skills and become independent learners was very rewarding. As enjoyable as it was (I could also add frustrating and exhausting but won't go there!) it was time to make a change. I had a list of criteria for my new career. It included:

1. People oriented. I love working with people and being able to offer a service to the public was an important element.

2. Educational opportunity. I wanted to be able to go back to school, learn something new and try something different

3. I wanted a professional career, I wasn't just looking for a new job.

4. Being my own boss. Running my own business was high on my list!

I looked at several different options and becoming a Notary Public was the most appealing. In my next post I will tell you what it means to be a member of the Society of Notaries Public of British Columbia and what your Notary can do for you!