Posted by Rosa_CA on 8/15/05 11:00am
Msg #59122

Fax documents

I just wanted to confirm.....

I am a new notary.. and wanted to know, if when an escrow company asks for a Grant Deed, to be faxed to them w/the Notary seal.... we CANNOT do this, correct?????

Reply by Sylvia_FL on 8/15/05 11:04am
Msg #59123

Not sure what you are aksing?

Did the title company send you a Grant Deed, you went, got it signed and notarized, and the title company want you to fax it back to them before shipping it out to them?
If so, then you can do it.
If not this, can you explain what you mean?

Reply by Rosa_CA on 8/15/05 11:21am
Msg #59126

Well last week, I notarized a re-fi.... and 1 week later, I received a call, that they need an acknowledgement that I witnessed the signature and confirm that it was me, but the only problem, is that all of the loan docs have the persons first and last name.. and the grant deed has the middle name... and that is why they are asking for an acknowledgement, because they want to remove the middle name.... But from what I remember in the class, we cannot fax anything w/our commission right?

Reply by Art_MD on 8/15/05 11:50am
Msg #59136

Seems to be a different question - I don't think you can notarize an acknowledgement unless you are notarizing someone else's acknowledgement. You can sign a statement, but can't notarize your own signature.

As for faxing, you can normally fax a notarized document.

Hope this helps.

Art

Reply by NorCalDar on 8/15/05 12:06pm
Msg #59144

I think you have two sperate issues going on here so let me address them in the order you posed the questions.

As far as faxing anything with your commission stamp on it, it IS acceptable to fax an original notorized document that you have processed. What is not acceptable is to send a fax with your "sample" stamp. The reason is that you may only use your stamp to notorize a document. Some companies ask you to send a "sample" of your stamp and since the "sample" is not on an official notorized document, it would be considered improper use of your stamp.

On the second issue, sounds like you may have a bit of a can of worms opened up here. If they are wanting to change the original Deed of Trust that you notorized to omit the middle names of the borrower(s), you would need to get the borrower(s) to sign the new Deed of Trust in order to notorize their signature(s) without their respective middle names. Since they would have to acknowledge signing without their middle names in your presence, you would need to meet with the borrower(s) again. Simply sending a "new" acknowledgement without their middle names would be improper. - Hope this helps ;)

Reply by Brian/CA on 8/15/05 12:11pm
Msg #59145

You can fax anything that has been notarized with your stamp on it. You can't mail, fax or give someone a copy of just your stamp( a sample stamp). 8207 Cailf Code.

Now what they are asking, they should be sending another deed and having the borrower resign. You then would notarize the document. They are attempting to change a document
after you have notarized it. Asking you send an ack is a violation of Calif Code 8225.

Look at it this way, you notarized a document, the borrower signed it.
Now someone changes the document, that makes it a whole new document. If they are having it notarize with out the middle name, that means the borrower needs to sign it with out their middle name. This also requires another entry in your journal and borrowers signature and thump print.

Just tell them you would have to meet with the borrower again, that this requires a journal entry and signature.

Let us know what happens.

Reply by OnTheGoInFla on 8/15/05 2:20pm
Msg #59167

Don't forget to ask for an additional fee for seeing the borrower again. It sounds like it was their mistake not yours.

Reply by Rosa_CA on 8/15/05 3:33pm
Msg #59174

That is Exactly what I said to them...

Thanks for your help everybody!!!

Wish me good luck!