Posted by Erin Attardi on 7/18/06 8:50pm
Msg #133916

Is it possible to "over notarize" something?

I searched previous messages and could not find anything regarding this...in a loan package, what are the ramifications if documents that do not require notarization are notarized anyway? Does it matter?

Reply by Korey Humphreys on 7/18/06 8:56pm
Msg #133922

LOL @ your question....

You think like me! :-) I don't think there are any ramifications if you notarize a document that did not require notarization. However I think some states are very strict on putting your official seal on documents other than those you notarize.

Would you lose your commission? Highly unlikely.

Reply by Korey Humphreys on 7/18/06 8:58pm
Msg #133925

The best question ever asked was:

"If I were in a plane flying over my state, can I notarize a document then?" (or whatever was asked.)


JMO ----- anyways. Very clever.

Reply by Michele Riley on 7/18/06 9:01pm
Msg #133927

I am cracking up!!!!!!

This is too funny. Either that or I need to get a life!

Reply by Mike Photon on 7/19/06 10:23am
Msg #134009

Re: The best question ever asked was:

Here it is: Msg# 103467

Reply by Becca_FL on 7/18/06 9:02pm
Msg #133928

Re: LOL @ your question....Korey

>>>I think some states are very strict on putting your official seal on documents other than those you notarize.<<<

Florida IS one of those states.

Reply by Korey Humphreys on 7/18/06 9:05pm
Msg #133930

Yeah, FL was the state I was thinking of when I typed n/m

Reply by Michelle/AL on 7/18/06 8:58pm
Msg #133924

I'm a newbie so I'm going wait and read the "seasoned pros" respond. But I have to tell you, your question made me laugh. You got a little carried away with your stamp, huh? (smile). I'm willing to bet it won't be problem.

Reply by Ndwa on 7/18/06 9:05pm
Msg #133931

I'd say UPL if you were stamp happy and chose to insert your own notary certificate without consent of the document guardian.

I read somewhere there is a notary jail and it's guarded by notary dogs.

Reply by Becca_FL on 7/18/06 9:00pm
Msg #133926

Well UPL might be a problem and then there's

the fact that you will not be working for the lender, SS, TC that hired you again. Other than that, I'd say it really does not matter.

A little stamp happy? Can you be more specific?

Reply by Keys_Notary on 7/18/06 9:14pm
Msg #133934

YES!
If a document does not require notarization and you sign and affix your seal the document is not acceptable; i.e. Deed of Trust. If there is no language for a sworn affadavit typed on the document or witness of signature then by affixing you seal as notary the document is null. If you happened to do this the title/lender will probably send it back requesting borrowers sign again. You may attach an affadavit certifying you witnessed the signatures but don't alter the original documents.

Reply by Becca_FL on 7/18/06 9:18pm
Msg #133935

AND, I forgot to add...

the loan will be rejected and the borrowers could get royally screwed.

Reply by CaliNotary on 7/18/06 9:24pm
Msg #133938

Re: AND, I forgot to add...

In CA it is illegal to affix your seal to any non-notarized document. And we all know it's not our place to decide what does or doesn't need to be notarized so attaching certiificates randomly is wrong as well.

Reply by Bob_Chicago on 7/18/06 10:35pm
Msg #133943

As I understand it, if a CA notary uses his seal.....

in an unofficial capacity, even to use on a blank piece of
paper in a locked room, to see if it needs re-inking, then the
Notary Police immediately swoop down in black helicopters.
The NP is required to takes 60 days of sensitivity trianing,
while living on a diet of alflafa spouts , tofu and green tea.
On the plus side, wife murder is OK ( unless wife is pregnant
and you are an A-hole) and child molestation is condoned,
so long as the kid has a goofy mother.

Reply by Blueink_CA on 7/18/06 11:18pm
Msg #133948

Re: As I understand it, if a CA notary uses his seal.....

Bob, I take it you are referring to Wacko Jacko...Were you at the trial? I, like you, being from the Midwest, always thought, and was told, CA is the land of fruits and nuts. However, lived here for 12 years, I have learned to respect the laws of our state. Don't you realize the laws of your state will change upon what our state endured?

To Erin: Sometimes the TC or Lender will include a blank ack somewhere in the pkg. Ignore it. After a few of these loan signings, you will know what needs to be notarized. Best of luck to you, and keep reading these boards.

Reply by ewing2surf on 7/18/06 11:14pm
Msg #133946

Notary Error. Randomly notarizing signatures will cost you civil penalties and suspension of your commission if that loan does not fund because of your error. Additionally there could be a complaint to the Secretary of State for UPL.

Reply by LkArrowhd/CA on 7/19/06 12:20am
Msg #133957

You don't say smoking Joe?

Reply by Erin Attardi on 7/19/06 12:15am
Msg #133954

No...I was not stamp happy! I am not exactly a newbie but not a seasoned veteran either. I did a signing this weekend where there were two documents entitled XXX Affidavit that did not have notarial language. I notarized them anyway and now I am second guessing myself. BTW this loan package had 12 docs that required notarial acts (not including the two "extras" and some were duplicates.......Plus I did the signing in Spanish...took forever!

Reply by Becca_FL on 7/19/06 12:26am
Msg #133963

If there is not a certificate attached to the document, DO NOT arbitrarily attach one. Please read your Notary Manual. If the two "extras" had no Notorial wording...they did not require Notarization.

Please be careful out there and review your manual.

Reply by ReneeK_MI on 7/19/06 5:18am
Msg #133976

Don't look at the title of a document to determine whether or not it gets notarized - look for a notarial block. If there is no notarial language, there is no notarization being requested. Remember your notarial law - first, someone has to 'request' something be notarized =)

Notarizing something where there's been no request made is definitely not compliant w/ notarial law - however, this is unfortunately a VERY commonly seen error, and there's not likely to be any repercussions from the lender/title other than their now undeniable knowledge that you are lacking in even the fundamentals of your job. I'm sorry to sound harsh, but it is a fundamental, and when I said it's "unfortunately ... very common" I mean it's unfortunate that so many people allow themselves to be intimidated by a piece of paper - it brings me pause to imagine how easily they might then be intimidated by pushy requests to do other things they should not do. So - know what you know, and have faith in YOURSELF so that you don't second-guess what you KNOW when you're at the table =)