Posted by Hugh Nations Signing Agents of Austin on 10/31/07 10:50am
Msg #218995

Query

I'm interested in how other SAs handle the issue of certifications that are not a part of the document. I will note, at the top of the certification, "Appended to [name of document]." I'm particularly interested in how Texas SAs and SAs whose states don't require such indexing handle the matter. In Texas, the two I encounter most commonly are the Marital Status Affidavit and the Deed of Trust.

Also, could someone please give me some insight into why document preparers don't correct their programs to add such wording? It seems so obvious to me, it should be a simple correction, and it would save time for both signing agent and borrower(s) at the table.

Along the same lines, I frequently encounter certifications, and the affidavits themselves, that say the affiant "is personally known to me." Such wording almost always requires correction, because in a metropolitan practice, it would be a rarity for the notary to know the affiant. Why on earth is that wording employed? And why, after an infinite number of document sets that come through with the wording corrected, doesn't it get changed?

Reply by SharonMN on 10/31/07 12:20pm
Msg #219020

My guess - the original form was drafted by the lender or title company's lawyer, who probably grabbed the notary language from somewhere else (I've found very few lawyers actually understand notary law). The title officers probably don't have authority to change it, and the laywer reviewed the form once at the beginning and doesn't ever see the corrected docs.

As for the loose certificate language, that's for your protection and leaving it off makes it easier for certain unethical people to use your loose certificate on something else. I, too, always note what my certificate is attached to, unless there is a footer on the bottom like some document preparation software includes (e.g., Mortgage, page 10 of 10).

Reply by Lee/AR on 10/31/07 12:22pm
Msg #219022

...because they're dumber than a box of rocks???

Reply by JanetK_CA on 10/31/07 7:41pm
Msg #219135

Atty's & notary law

"I've found very few lawyers actually understand notary law."

So true!! I happened to get into conversation with an atty yesterday who is from NY. He's also a notary there. He said he's been notarizing documents from NY here (with his NY stamp), because he's familiar with the NY requirements. He argued with me when I told him that what he was doing was not legal, so I pulled out my cell phone, called the SOS ofc on my speaker phone and let them tell him. (He's not a notary here and hasn't passed the CA bar, but he says he can practice law here under special circumstances. Not so with notarizations!!) I wish I'd asked him what he was putting on the venue! He didn't seem to think it was a big deal, so I hope he doesn't keep doing it! I couldn't believe what I was hearing!!!

Reply by JanetK_CA on 10/31/07 7:28pm
Msg #219133

'I frequently encounter certifications, and the affidavits themselves, that say the affiant "is personally known to me." '

That's why I always attach a loose certificate for TX acks (and I do the same re: what it's attached to - my cert's have a space for that at the bottom). Drives me crazy. I wish they would change it, too!!