Posted by Stamper_WI on 1/5/11 4:58pm
Msg #367188

Challenge to my seal by CA bank.

I closed on a purchase in AZ. The lender is a CA bank. They have some kind of objection to my seal. Something about it not having a county on it. My seal meets the standards of WI.
They were referred to the SOS site to verify my commission and laws for WI.
In 12 yrs of doing notarizations, this is a first.

Reply by Sha/CA on 1/5/11 5:22pm
Msg #367201

What do they want you to do? What bank is it? I have had trouble with escrow in Arizona regarding the CA acknowledgement. I'm just wondering if it's really the bank that has a problem with your seal or the Arizona component of the transaction. Since the property is in Arizona, wouldn't it be up to the Arizona County Recorder or the Arizona Sec. of State to say what the problem is?

Reply by Linda_H/FL on 1/5/11 5:43pm
Msg #367205

Property in AZ - signing in WI...

the only thing AZ has authority over is recording requirements (number of witnesses, whether notarization required or not, size of paper, font size) -

They have no authority over WI notary law and they have to accept her notarization...there's reciprocity between the states.

Reply by Ernest__CT on 1/5/11 5:47pm
Msg #367206

Notary laws apply where the act took place, ...

... not where the property is located. Simple. If the notarial act was done correctly by a Notary authorized to act where the signers' feet were at the time of signing, it's a done deal.

Reply by Glenn Strickler on 1/5/11 5:51pm
Msg #367208

There is some rookie somewhere in the transaction

that doesn't know what they are doing. I have had more issues the last 12 months with out of state transactions than in my previous 5 years doing this. Must be a lot of new people in the loop.

You followed the rules for your state, they were referred to the SOS site of your state. Should be enough.

Reply by MikeC/NY on 1/5/11 6:19pm
Msg #367213

Sounds like someone at the CA bank is flexing muscles they don't actually have. My guess is they're looking at CA law and thinking it applies to everything that comes across their desk, even if it originated in another state.

As long as you're compliant with WI notary law, there's really no issue here. The challenge will be to convince this moron of that.... If there was a continued push back, I would go over his/her head and try to talk to a supervisor who might actually have a clue about how notarial reciprocity works.

Reply by Les_CO on 1/5/11 6:50pm
Msg #367217

I’d tell’m to read the United States Constitution (an oldie but goody) Article 4 Section 1

Reply by Stamper_WI on 1/5/11 7:37pm
Msg #367223

Sorry. I had a closing.
It was first California Mortgage company I think. We sent them the WI brochure citing the particular paragraph regarding the seal and they were ok with it then.
The TC and property were in AZ. The TC had no problem with it.
I was more upset with the borrower wife as she started her drive down there today to buy furniture and they had wired their money to the TC already. As I said, it was a purchase.

Reply by MW/VA on 1/5/11 7:41pm
Msg #367225

It's sometimes hard to convince them that all notary laws aren't like CA's. Not an attack here, just the facts. They seem to only know one way--theirs.

Reply by FlaNotary2 on 1/5/11 8:39pm
Msg #367233

We sometimes have issues in Florida when

sending vital records out of state, because our certified copies to do not contain a traditional raised seal, which other states expect.

The last time someone called me up complaining "We can't accept this death cert., because it has no raised seal", I said "Take it up with the Office of Vital Statistics".

If someone doesn't like my seal for whatever reason, tough. I did my job in accordance with Florida law, and if they have an issue with it they are welcome to take it up with the Governor's office.

Reply by CopperheadVA on 1/5/11 8:42pm
Msg #367235

I've had my issues with a CA TC telling me that I needed to do it the CA way. See Msg #361003.

Reply by jnew on 1/6/11 11:24am
Msg #367303

Wisconsin notary commisssions are issued by the state only and do not designate a county as part of the commission. Other states have commissions which include the county. Never underestimate the ignorance of both public officials and the private sector concerning the legality of notarial acts.