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Some queries
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Some queries
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Posted by Hugh Nations Signing Agents of Austin on 6/10/08 11:57pm
Msg #250738

Some queries

Are there any states in which:

1. A notary is not required to use a stamp or physical seal of some sort to certify a document?

2. A notary seal does not include the notary's name?

3. A notary seal does not include the expiration date of the notary's license?

4. A notary seal does not include the name of the state the notary is representing?

Reply by Elaine Sedlock on 6/11/08 1:31am
Msg #250740

Not to my knowledge. Why?? Just seems like an odd set of questions. Care to elaborate?

Reply by Hugh Nations Signing Agents of Austin on 6/11/08 7:34am
Msg #250751

The reason for the question is my short fuse. I get irked when I am required by a document to add my printed name and date of commission expiration. It seemed to be such a ridiculous waste of time, since both are quite legibly included on my seal.

However...it makes a lot more sense if viewed in the context of states that do not require a stamp for a notary, and I will tamp my stamp irritation in the future.



Reply by BobbiCT on 6/11/08 7:56am
Msg #250752

Longer fuse, but just as angry ..

Lucky for me, I had a company drop me as a "BAD" notary because I had not hand-printed in my own handwriting my name underneath my signature. I checked the recorded mortgage deed: someone at the receiving end altered my notarization block and hand-printed my name (not even attempting to copy my handwriting). Discovering that this lender/title company has a policy of altering documents AFTER they are signed and notarized, I am glad they dropped me.

CT does not require a seal and does not require a stamp. You can notarize on-the-run. Notary checks two forms of identification, performs notarization ceremony, completes blanks in notarization block, then signs and prints name & commission expiration date under signature. Done.

I have a self-inking seal per CT requirements (contains my name, notary public and Connecticut) - IF a notary wants to use one. I have a self-inking stamp with my name, Notary Public, and commission expiration date that I place under my signature. In the case above, I was TOLD that using a printed stamp for my name and commission expiration did did not COMPLY, my name my be printed in my handwriting on the line where it states "Print name" ... it CANNOT be stamped or typed there. "Print" means write it in my hand. In many, many years of working with attorneys, I have never had an attorney or Judge reject a document because a name and/or title was "typed" on a line that states "Print name". For your humor Hugh Smile

Reply by Tony_FL on 6/11/08 9:13am
Msg #250758

FL requires printed name

Even though my name is included within my seal, Florida STILL requires that I print my name under my signature; in order to have a proper notarization. I may not like it, but that IS the law here.

Reply by PAW on 6/11/08 10:55am
Msg #250772

Re: FL requires printed name (hand-printed or typed)

From the Florida Governor's Reference Manual for Notaries (2001), pg. 28:

"Make sure that the jurat or certificate contains all the information required by law. If the certificate is incomplete, write in the additional information. Sign your name, print or type your name below your signature, and affix your notary seal."

Reply by NCLisa on 6/11/08 12:44pm
Msg #250796

NC says if the Exp is in our seal, then we are not required

to write it out. NC also requires that our name be printed or typed below the signature line. I have a stamp with my name on it that I use.

Reply by sue_pa on 6/11/08 12:48pm
Msg #250798

...I get irked when I am required by a document to add my printed name and date of commission expiration. It seemed to be such a ridiculous waste of time, since both are quite legibly included on my seal....

That info is also on my seal so I don't fill it out by hand a second time. I've never heared back from anyone; however, I do note that quite a few of my recorded docs have the info written in - but not by me.


Reply by Nomad/OR on 6/11/08 2:50pm
Msg #250823

Oregon does not require

an embosser, but I refuse to sign without one. With today's technology advances in printer software, an embosser is the only proof positive I have that I did or did not notarize a document.

Reply by sue_pa on 6/11/08 8:21pm
Msg #250925

Re: Oregon does not require

Anyone can purchase a 'fake' embosser so that doesn't 'prove' anything.

when PA removed our embosser requirement (I think it was 5 years ago), I put mine in the bottom drawer and have never taken it out since.

Reply by Louisiana33 on 6/11/08 3:24pm
Msg #250834

Hi,
In Louisiana, notary commission is for life. Our seal only has to have our name and notary public. We have to have our name printed and our notary id# beneath our signatures. Even though it is not required, I had a stamp made with my printed name, id#, commission exp ("notary for life"Wink, parish of my commission and state. I place that next to my seal imprint.

In LA, our seals are embossers, which means they don't show up on photocopies. Chase required that I pencil over my embossed seal and fax it to them so they could have it in their records, even though I had used my stamp on the mortgage. Go figure!

Reply by Les_CO on 6/11/08 2:17am
Msg #250742

Re: Some queries/yes n/m

Reply by WDMD on 6/11/08 5:50am
Msg #250744

My seal does not have my commission expiration date.

Reply by BrendaTx on 6/11/08 5:51am
Msg #250745

Re: Some queries - #1 - yes. The county clerks of Texas

receive a list each year of those states which does require a seal. The secretary of state sends it out.

Ha! Yet another piece of Texas notary trivia I just happened to read last week in a CLE notebook. Didn't know it until then.

§ 405.019. LIST OF STATES REQUIRING AN OFFICIAL SEAL FOR
CERTAIN DOCUMENTS. (a) The secretary of state annually shall
compile a list of those states or territories within the United
States that require a notary public to validate a certificate of an
acknowledgement, proof of a written instrument, or a jurat by
attaching an official seal.
(b) The secretary of state shall send the list to each of the
county clerks of this state before January 1 of each year.
(c) The secretary of state shall amend the list and
immediately send the amended list to the county clerks of this state
if the secretary learns that a state or territory has changed its
requirements relating to a notary public in a manner that requires
it to be added to or deleted from the list.

Added by Acts 1995, 74th Leg., ch. 603, § 3, eff. June 14, 1995.

========
The context of the CLE article I was reading was proper document execution in Texas...how to draft complicated signature lines and notary blocks on transactions involving entities, trusts, estates, and so forth...something I refer to regularly because this can be quite involved...just hadn't read the text in between the examples I referred to which mentioned the law above....more so for me, "just looking at the pictures" to get the info I needed to set up the signature lines.

The article indicated that adding the notary's commission expiration and printed name lines was not necessary in drawing the documents unless you knew that the information would not be provided by a notary seal.








Reply by BrendaTx on 6/11/08 5:53am
Msg #250746

Re: Some queries - #1 - yes. Awww, I hate that...

Oops..."states which does...", should be "states which do...".

Reply by PAW on 6/11/08 6:03am
Msg #250747

Check the ASN

The American Society of Notaries (ASN) maintains a list of those states that require and do not require the use of journals and seals/stamps.

http://www.notaries.org/stampsealrequirements.html

Reply by Julie/MI on 6/11/08 6:51am
Msg #250748

MIchigan does not require stamp or embosser

1. A notary is not required to use a stamp or physical seal of some sort to certify a document?

Correctamundo! We just need to print our name, county, state, commission expiration and if the venue is out of our home county, we need to add "acting in blank county"

no criminal has stolen a notary's identity in mi that i am aware of.



Reply by MichiganAl on 6/11/08 9:26am
Msg #250761

Re: MIchigan does not require stamp or embosser

No stamp or seal required - Of course, try telling that to the mortgage companies and title companies that hire us. Most of them will reject a document from us without a stamp even if the above info is correctly added. And I recently caught a title company writing in the county on my stamp in the "acting in the county" line even thought I was acting in my commissioned county.

Reply by Julie/MI on 6/11/08 12:14pm
Msg #250787

Re: MIchigan does not require stamp or embosser

That's because some of the recorders don't have a clue that the public act was modified. That should make your e & o company (if you have E & O) happy as that is one less claim for them. Smile

Just another fine example of how our legislative branch has no clue about putting together notarial laws with recording laws. It's no wonder government has become so inefficient on all levels, not just rinky dink county levels.

Reply by JanetLA on 6/11/08 7:24am
Msg #250750

None required in Louisiana

Our commissions do not expire. We do not have a stamp or seal at all. All that is required for us to notarize documents is our signature and our name and notary or bar number printed under our names. Our signatures are on file at the SOS and that is what notarizes docs here. Of course, as always, we are very different in this area... Have a great month to all

Reply by cheryl/md on 6/11/08 10:20am
Msg #250767

my seal includes my name and county and state.
does not include expiration
for it's easier than having to print it everytime Smile

Reply by jojo_MN on 6/11/08 12:31pm
Msg #250794

Iowa does not require a stamp or seal n/m

Reply by jojo_MN on 6/11/08 12:56pm
Msg #250803

Iowa correction

The rules changed since I received my first commission there. They do now require a stamp or seal now. Sorry for misinformation.

Reply by Stamper_WI on 6/11/08 1:24pm
Msg #250808

WI

Does not require the experation data on the seal.

Reply by davidK/CA on 6/11/08 1:51pm
Msg #250810

Re: CA requirements

California requires specific wording on the notary seal which contains the Notary's name, commission number. commission expiration date and the County where you filed your oath of office and bond. In spite of all that information being stamped directly onto the document or an attached Acknowledgement or Jurat some documents also show lines for the Notary's printed name and commission expiration date! (DUH, can't the County Recorder read the printed stamp?)


Reply by MW/VA on 6/11/08 2:14pm
Msg #250813

Virginia does not require a seal or a journal. If a seal is used, it must be reproducible (stamp vs. embosser) & include Commission #. The Commission # was part of the new law from last July 1, so if you don't use a seal you would need to write it on every notarization. While we're on the subject, I love the stamp I order on NotRot--it's small & works great. At $5 it was a bargain compared to the one I had purchased from NNA (not advertising!)

Reply by MikeC/NY on 6/11/08 2:47pm
Msg #250820

NY doesn't require a stamp or seal

However, we are required to supply (in black ink) our name, the words "Notary Public - State of New York, our commission #, the county we qualified in, and the commission expiration date. Most of us use a stamp with this information, but you can print it yourself if you want/have to.

Reply by Gerry_VT on 6/11/08 3:02pm
Msg #250826

VT has no commission number

VT has no seal requirement.

Also, VT has no commission numbers, which can cause problems with websites that expect one.

Reply by Dorothy_MI on 6/11/08 4:06pm
Msg #250854

Neither does MI

When filling out info on the websites I just put "n/a" in that area. So far, it's gone through ok.


 
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