Posted by Pamela Hoyle on 8/13/10 3:41pm
Improper notarization violation of law & will be reported
Document titled "Notary Identification Statement" called for me to copy down id information and sign my name stating the identifaction was in fact presented to me by the borrower and/or co-borrower at the time of the signing. They wanted my state and my commission number, and then my seal/stamp. Directly below that line there was a triple-sized font in all caps, bold that said; "IMPROPERLY NOTARIZING A DOCUMENT IS A VIOLATION OF STATE LAW, (sic) ANY OCCURENCE WILL BE REPORTED TO THE APPROPRIATE AUTHORITIES."
I stuck a sticky on it and explained why it wasn't notarized. Received a call when title rec'd docs saying they thought it would bounce back and they HAD to have my stamp on it. I patiently explained NM Law, quoting " A notary may not notarize a document that does not have a notarial certificate. A non-attorney notary public shall not determine the type of notarial act or certificate to be used. " I also explained that even if it was a notarial certificate, I would not be able to notarize my own signature. Since this was an informational form filled out by me, the borrowers had no signatory on it at all. She just didn't get it and said "huh, well...we'll see....but don't expect to get paid for this one." Seriously? Talk about mixed messages! And the caller didn't even know what I meant by a notarial certificate. Bah! Gah! GRRRR!!!! And oh, no you did not threaten me about getting paid because I chose not to violate the law did you?
Reply by Shoshana/AZ on 8/13/10 3:49pm
I have seen that document.
I never even attempt to explain why I am not stamping it. I have never had a problem.
In AZ, If you sign in the middle of a document where the other party has also signed, even if you think that you are just notarizing trhe other party's signature, think again. Your signature makes you a party to the transaction. That is also illegal.
Reply by Ronnie_WA on 8/13/10 4:15pm
I just put an "x" through the (seal) and note "illegal use of seal". They have no grounds to withhold your payment.
Reply by jba/fl on 8/13/10 5:36pm
This one is so absurd. I took it to be a warning that my notarization would be reported so I do not notarize.
It is wrong on all counts - another tree-killer form.
Reply by kflorida on 8/13/10 8:07pm
i had one in my package tonight also....then it wanted my e/o....what is florida law on that one
Reply by jba/fl on 8/13/10 11:31pm
florida law - I'd give them that info, no stamp still. n/m
Reply by MW/VA on 8/13/10 9:27pm
I've seen it, too. It is irritating. Too bad they feel the need to use it. We all know there are those our there that don't know what they're doing, and are putting the tc & everyone in the loan process in jeopardy.
Reply by Jack/AL on 8/13/10 10:23pm
I attaached a sticky note and explained, much as Pamela did. I added a question. "Since you are obviously trying to get me to violate the law by pretending to notarize this, am I suppose to go ahead and report you for inticing a Notary Public to violate the law?" Got no response. Expected none.
Reply by jba/fl on 8/13/10 11:34pm
Smart! good thinking, Jack n/m
Reply by Procpose/MD on 8/13/10 11:35pm
I have come across this and I put my stamp on the page and then drew an x through it, therefore, not notarizing it. It can't be an improper notarization because it is not being notarized. I have never received a call from anyone. I am not an attorney and I am not giving legal advice just sharing an opinion.
Reply by ReneeK_MI on 8/14/10 5:48am
See that one a lot, too
I assume that since I've seen it over & over, then the post-close people have seen lengthy indignant responses over and over as well. I skip it, period. They already know. It's probably a good source of cheap giggles on their end ... "Hey, look at THIS one!"
Reply by Cari on 8/14/10 1:34pm
Re: See that one a lot, too
yeah, I can see it now, all those little sticky notes on their wall of fame! LOL...
Reply by JanetLA on 8/14/10 6:10pm
Louisiana notaries signatures are our official seal so
I always stamp it and it satisfies them and it is not notarized. Of course, we are always different than everyone else...