June 21, 2026
If you are buying, selling or refinancing property in the United States, you may have been instructed to sign loan documents, deeds, affidavits, escrow documents or other legal documents before a notarial officer.
Many Australians assume this means they must obtain an appointment at the U.S. Consulate.
However, appointments at the U.S. Consulate can sometimes be difficult to obtain at short notice, particularly where a real estate closing or refinance deadline is approaching.
In many cases, there may be an alternative.
Do I Need the U.S. Consulate?
The answer depends on the requirements of the lender, title company, escrow company, lawyer or closing agent involved in the transaction.
Many U.S. institutions will accept documents signed before an Australian Notary Public and accompanied by an Apostille certificate issued by the Australian Department of Foreign Affairs and Trade (DFAT).
The Apostille certificate verifies the signature and seal of the Notary Public, allowing the document to be recognised internationally.
U.S. Requirements Can Differ Between States
The United States has different legal and recording requirements across different states and jurisdictions.
A document required for a property transaction in California may not have the same requirements as a document for Texas, Florida, New York or another U.S. state.
Requirements may also differ depending on whether the document is being reviewed by a lender, title company, escrow company, county recorder, lawyer or closing agent.
For that reason, it is important to confirm with the receiving party whether they will accept notarisation by an Australian Notary Public together with an Apostille.
Buying, Selling or Refinancing U.S. Property
We regularly assist clients involved in:
- Purchasing property in the United States
- Selling property in the United States
- Mortgage refinances
- Home equity loans
- Real estate closings
- Escrow transactions
- Title transfers
- Loan and security documents
Where timing is critical, waiting for a consular appointment may place the transaction at risk.
A Notary Public appointment can often be arranged much sooner, allowing documents to be signed and submitted without unnecessary delay.
What Is an Apostille?
An Apostille is an official certificate issued by DFAT that verifies the authenticity of the Notary Public’s signature and seal.
The process is generally straightforward:
- The document is signed before a Notary Public.
- The Notary Public notarises the document.
- DFAT issues an Apostille certificate.
- The completed document can then be used overseas.
Avoid Delays to Your U.S. Property Closing
U.S. property transactions are often highly time sensitive.
Buyers, sellers and borrowers frequently face strict closing dates imposed by lenders, title companies and contractual arrangements.
Where the receiving party accepts notarisation and Apostille, obtaining documents through an Australian Notary Public may assist in ensuring that the closing proceeds on time, particularly where a U.S. consular appointment is unavailable or cannot be obtained before the required deadline.
Common Documents We See
We regularly assist with:
- Mortgage documents
- Loan agreements
- Refinance documents
- Escrow documents
- Title company documents
- Deeds
- Affidavits
- Powers of Attorney
- Real estate transfer documents
- Closing documents
Unsure Whether Your Documents Can Be Notarised?
Every lender, title company and law firm has its own requirements.
If you have received documents from a U.S. bank, title company, escrow company or lawyer, send them to us and we can review the requirements and advise on the available options.
Need U.S. Property Documents Notarised?
If you have received loan documents, title company documents, escrow documents or closing documents for use in the United States, contact us today.
Call 0422 058 165
Email michael@solicitor.sydney
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