Posted by M. Alexia Shaw on 7/29/10 1:03pm
Changes to Acknowledgment - does notary have to initial?
I have been asked to issue an acknowledgment that I made changes to an acknowledgment to a mortgage. The pre-printed state and county were the location of the property, not where we were, in PA. I know I am obligated to make the change as the state and county are legally where you are located and licensed. But I have never been asked to initial any changes made within the notary section and do not believe after 11 years it is something I could have missed! If I am wrong, I need to know it. If not, and it is just a lender requirement, do they have the right to require I do anything not required under the law, such as initialing changes within the notorial wording. Thanks, I am kind of up against the clock with this.
Reply by taxpro on 7/29/10 1:14pm
For years, I have changed the venue as appropriate without initialing it. Then I had some lender ask that I initial it, so I did. No big deal. Now I do it just to avoid problems. I don't know if it's necessary, but it can't hurt.
Reply by M. Alexia Shaw on 7/29/10 1:57pm
Thanks, and I agree it would be easier to have done it this time and I will send the form in, but I just want to know who is right on this, me or them.
Reply by janCA on 7/29/10 7:25pm
There is no right on wrong on this issue unless it's stated in your notary handbook, one way or the other. Otherwise it's just personal preference. And if the title company/lender want it that way, then by gosh that's the way you do it.
Reply by lindetteh_PA on 7/29/10 1:20pm
I have always initialed any changes that I make ,however I dont think you should be asked to go back at your expense for something like that. Do they want you to go back to borrower and what do they want the Ack. to say, do they want you to get it notarized?
Reply by Linda Juenger on 7/29/10 1:27pm
I have always initialed, don't exactly know why, but I do. Good point to bring up though. Wonder if it is "really" necessary since it's OUR territory. We all know by now that no 2 companies do the exact same thing and nothing is consistent, so to be on the safe side its better to initial. That's my reasoning.
Reply by janCA on 7/29/10 1:38pm
I initial anything that I change on a cert. This helps in the preventions of someone, other than the notary, to make changes as they see fit. And we all know, this does happen.
Reply by JanetK_CA on 7/29/10 4:33pm
I agree 100%, Jan! n/m
Reply by M. Alexia Shaw on 7/29/10 1:58pm
Just have to send in akn.and they are sending label. Not the issue. Is it really required?
Reply by Linda_H/FL on 7/29/10 2:51pm
I would not send a loose cert by itself to the company
They'd be required to send me the document and I'd attached a new cert to it - AFTER returning to the borrowers/signers - it's a revisit...
Reply by PAW on 7/29/10 1:41pm
Though not **required** by law, in Florida, to initial changes, it is recommended.
"First, look at the venue: State of Florida, County of _____. This language should reflect the
location where the document is being notarized. If it is incorrect, change the language and initial
the change BEFORE notarizing." (Source: FL Governor's Reference Manual for Notaries, 2001)
Reply by Bob_Chicago on 7/29/10 1:44pm
With very few exceptions, too much is better than not enough
Extaneous initials or un-needed signatures , will generally not keep a loan
for funding, nor a doc from being recorded. "Necessary" (in fact or in someone's opinion),
but missing initials or signatures may well keep a loan from funding or a doc from being recorded.
Not to suggest that you should take it upon yourself to have a non-borrower sign the 1003 or the note, as that might well cause a serious problem.
That is the reason that I have a single borrower sign the top of the 1003, except when instructed not to.
Reply by M. Alexia Shaw on 7/29/10 2:00pm
Well I guess I will do that going forward. Thanks for all the responses and support.
Reply by Ilene C. Seidel on 7/29/10 7:15pm
No matter what I change on an acknowledgement I always initial.