Posted by Claudine Osborne on 7/1/11 3:46pm
Msg #388384

Adding a name to my notary certificate..

I assisted with a RM on 6/29 it was a split signing, husband was in Ohio the wife in Fl. I notarized the signature page of the MTG with the husbands name only..Thats who was present..Husband told me wife was to sign on 6/30

I received a call from the TC today. They wanted to know if it was ok with me that they alter the acknowledgment certificate by adding the wifes name??

I asked them to send me the executed pages. When I received them there were 2 signature pages that were notarized 1 by me with the Mr. name and the other page by the Fl notary for the wife.

But on the husbands signature page the wifes name was added under her husbands after the fact!! So now they want to alter the notary certificate to add her name to it!!

I emailed back and spoke with them on the phone and was clear that I did not want this altered! They stated that they will have them resign the MTG and dont worry about it!

Ok so..How do I know that this in fact was done or that they just did what they wanted to do anyway without my knowledge?

The other Notary just called me (she works with the TC) She wanted to explain why they wanted to do this. I asked her how did the wifes name get signed on the signature page with the husband on the same date? She stated that it was transferred on 6/30 when she met with the wife! I stated that this is backdating and she changed the subject!

Reply by Julie/MI on 7/1/11 4:34pm
Msg #388387

Wow, that's really really bad.

Isn't Florida one of those "handbook" states and one that requires a class and an exam?

If so, I guess it doesn't mean much.

Reply by MW/VA on 7/1/11 4:57pm
Msg #388389

That's a great one for EOM, Claudine. It sounds like the tc

doesn't understand how split signings work. Two separate signatures in two different locations & two separate notary acknowledgements, period. IMO by altering your notarization they have voided the docs & they would need to be re-drawn. Split signings get confusing, but they are often signed on different dates. The date of the docs usually stands, regardless of the date signed & notarized.
I'm with you & would protest strongly that they altered your notary certificate. That's illegal, plain & simple to add a name after the fact. I can't believe that they actually told you that's what they were doing!!!!
BTW, it will be interesting to see if Robert has an opinion on this.

Reply by HisHughness on 7/1/11 5:06pm
Msg #388398

Re: That's a great one for EOM, Claudine. It sounds like the tc

As anyone who reads this board knows, Claudine, I tend to be a bit prickly (that's the adjective form of the word, but some -- most -- would probably think the noun form applies also). If it were me, I would tell the title company that you will be checking the deed records, and if the deed shows up with an altered notarial certificate, you will report them to the criminal authorities.

Here's the nub: Most of the people on this board know what they are doing. In-house notaries who don't, and inexpert signing agents who don't really know what they're doing even when they're just brushing their teeth, cost us business and undermine the stature of the entire profession. So I don't have a problem calling their hand when I see that kind of performance. I think it ultimately redounds to the benefit of the entire profession.

Of course, it may cost <you> a title company client or two...

Reply by desktopfull on 7/1/11 4:58pm
Msg #388390

Get a copy of the recorded deed and if they altered your certificate then report them to the SOS in Florida and Ohio. You said the FL notary called you then you have her name and you stated that they sent you a copy of her notarization so you have her commission number. This is how TC, attornies, etc. are getting fraudulent docs, if you can help stop it that would be best for everyone in this business.

Reply by Linda_H/FL on 7/1/11 5:01pm
Msg #388393

Where's the property located, Claudine?

Not sure how Ohio works but you can access the records at the county recorder's office online. Agree with DTF - I'd watch the website and get a copy of the recorded mortgage, then take it from there.

Reply by MW/VA on 7/1/11 5:02pm
Msg #388395

Re: Where's the property located, Claudine?

I think they'd be in big trouble on this, too, because RM's are FHA loans, so they'll have to deal with the feds on any fraud.

Reply by Linda_H/FL on 7/1/11 5:02pm
Msg #388394

Blah...s/b "in Florida you can access" n/m

Reply by CopperheadVA on 7/1/11 5:59pm
Msg #388405

I am wondering why they didn't just use the docs and the notarizations they already had? Why are they adding a name to the first notary certificate when the wife's signature was notarized on a separate page? Even with an additional charge for recording an additional page, isn't that better that altering the docs?

Reply by Claudine Osborne on 7/1/11 10:01pm
Msg #388417

I plan on checking into the county recorders office in Fl to see what actually was filed.

On the copy the TC sent me of the signature page that I notarized with husbands name only
the wifes name was added/ signed on that one and dated for 6/29.

The FL notary told me that the wife did sign her docs on the 6/30 if so how did her signature get on the husbands page on the 29th? Notary stated that the signature was "transferred" on the 30th. When I mentioned backdating and pressed for answers she changed the subject!

The property location is in Fl.

Reply by jnew on 7/2/11 10:43am
Msg #388446

If you are doing a split signing, you have the option of crossing out the non signers signature line on the signing page and have it initialed by the signer and yourself. Then when completing the notary certificate, draw a horizontal line to the end of the ack. signing line, just as you do with a check when you write the amount. It was recommended by our SOS to do it that way, so I have always been able to justify it with the closing agent.

Reply by CopperheadVA on 7/2/11 3:27pm
Msg #388481

I personally would never cross out the second signer's signature line. They may sign it at a later time and a second notary certificate can be added or stamped onto the document at that time. I do, however, make it clear in my own notary certificate the name of the person that I am notarizing for, and cross out/initial the names of any non-present persons if they are pre-printed in my notary certificate.