Posted by Dennis_IN on 1/3/11 5:01pm
Msg #366884

Question for Louisiana Notries

Is it a state requirement to have the Note notarized? I did a closing for someone visiting their parents over the holiday and the property was located in LA. The mortgage had no notarial verbiage so I attached a loose ack. BUT title called me about the note and sure enough there was the same sorry A@@ attempt of notarial wording at the bottom of the note. They wanted it notarized. Is this a lender specific situation or are all notes notarized in the state of Louisiana? Would like to know for future reference.

Reply by jba/fl on 1/3/11 5:33pm
Msg #366888

Msg #336617

This was quite a discussion a while back. You were doing your other thing at the time I think. This should help you in case no one comes along for while.

Reply by Dennis_IN on 1/3/11 9:28pm
Msg #366904

Your right, I was hot and heavy into the Census then but I do remember the thread (a little) as stated ... Louisiana is a special bread. TC requested an ack, which I provided, this is the only time I'm glad there were fax backs. I haven't heard back from them so I guess it was ok. It is a tricky situation, trying to associate a note with a mortgage? There has to be a better way...All I did was acknowledge they signed the note. How can they say that I acknowledged that the note goes with the Mtg. is beyond me...

Reply by FlaNotary2 on 1/3/11 6:46pm
Msg #366895

In Louisiana they do something unique called a "paraph". It is basically a notation to identify the note so that it doesn't get separated from the mortgage. It usually goes like this:

"NE VARIETUR for identification with act of mortgage passed before me on January 3, 2011".

This notation is only to tie the note to the mortgage. It does not mean that the note has been notarized.

The problem is that documents on Louisiana properties will often ask the notary to sign off on this, which notaries in other states can often not do. Many notaries are tempted to simply attach an acknowledgment, but the paraph is not really calling for an acknowledgment. It's a completely different notarial act unique to Louisiana. You aren't notarizing a signature ... you are certifying that a particular note goes with a particular mortgage.

Whether or not notaries in other states are authorized to do this is up for interpretation. In Florida, I might be tempted to sign off on it but not put my seal there. It is actually a really good practice which could be used for not just mortgage notes, but any sort of attachment to a document. Louisiana notary law fascinates me. I have a Louisiana notary manual which I love.

Reply by Linda_H/FL on 1/3/11 7:25pm
Msg #366896

I wouldn't do it

"you are certifying that a particular note goes with a particular mortgage.....In Florida, I might be tempted to sign off on it but not put my seal there"

I'm not certifying that the note is related to the mortgage - it would require review of the entire note and the entire mortgage, comparing both and, IMO, is a legal interpretation we're not authorized to make -

Do I, personally, have the expertise to do this? Yes, I do....would I as a Florida notary? No - beyond my scope.

MHO

Reply by Linda_H/FL on 1/3/11 7:29pm
Msg #366898

Should add here (boy I'm good at doing that!)

In Louisiana, notaries are authorized to draft documents...and if I did that then I'd certify it -

I will not certify what someone else draws up - IMO someone at title would have to sign that certification prior to sending it for recording.

MHO

Reply by nolanotary on 1/3/11 11:34pm
Msg #366911

It is generally standard practice for Louisiana notaries to paraph a Note, which basically identifies that the Note is tied to a specific Mortgage; however, a few years ago, the statute requiring this procedure was revised and now only requires a standard affidavit or "verified petition" for enforcement of executory process. Most lenders and title companies still follow the old statute, but I have seen a few over the last 5+ years which do not paraph the Note.

Reply by Louisiana33 on 1/4/11 9:16am
Msg #366916

If the note asks for Notary info, then you have to complete it. There should be no need to attach a separate acknowledgement. Very few of the ones I have done are paraphed, the note has a notarial acknowledgement at the bottom of the note or on the next page.

Reply by PAW on 1/4/11 12:20pm
Msg #366937

I disagree. Granted, I've only done a couple of LA property loans, but in each case, there was the "ne varietur" statement on the Note, requiring a notary signature (paraph). However, most notaries probably are not authorized to "sign and seal" such a statement. There was no notarial acknowledgment affixed to the Note. Paraphing means that the notary signs the note with his/her official signature, thereby certifying to the Note's genuineness. By paraphing the note "ne varietur", the notary binds and identifies the note with the acts of mortgage and subordination (in the case where there is both an Act of Collateral Mortgage and an Act of Subordination). As a Florida notary, I am not authorized to make that certification, and I submit the most other notaries are not either.

Reply by Louisiana33 on 1/4/11 3:48pm
Msg #366967

The LA Civil Code (all volumes) as well as the LA Secretary of State Notary Exam Study Guide are available on the LA Secretary of State website. The information contained therein should clear up any confusion.

Reply by PAW on 1/4/11 5:27pm
Msg #366987

LA codes do not apply to notaries in other states. This is where the rub is; signing a LA property in a state other than LA. The LA title companies and lenders want the statement signed and sealed by a notary. However, non-LA notaries aren't authorized by their own statutes. Again, LA codes do not pertain.

Reply by Louisiana33 on 1/5/11 8:59am
Msg #367066

I was referring to the notary who stated incorrect facts regarding paraph. I realize LACC does not apply to other states notaries; however, the title company may have problems getting the papers recorded at the court house if the note is not properly executed.