Posted by MXC/NY on 8/26/12 1:41pm
Msg #432078

Loose certificates

Very new. Turned down all requests for work so far. When to attach a loose certificate? Note: I am not referring to space!

Thanks

Reply by MistarellaFL on 8/26/12 1:56pm
Msg #432079

When notary wording is not present

When incompatible-with-your-state notary wording is present...

Reply by VT_Syrup on 8/26/12 3:42pm
Msg #432087

In addition to what Linda said,

1. If you spot a document that has preliminary wording that suggests an oath, or a document that is usually notarized, but there is no certificate, ask the client what they want and attach the corresponding certificate.

2. If the supplied certificate is a horrible mess and you can't figure out what it is supposed to mean, ask the client what they want and attach the corresponding certificate

Reply by Patti Corcoran on 8/26/12 11:07pm
Msg #432092

Sometimes you will be the second signer in a "split signing" ie. the first borrower signs in one city and the second borrower signs with you.Tthen you will need to attach a loose certificate.

Reply by SharonMN on 8/27/12 10:40am
Msg #432113

Wow, I disagree with VT Syrup's statement:
1. If you spot a document that has preliminary wording that suggests an oath, or a document that is usually notarized, but there is no certificate, ask the client what they want and attach the corresponding certificate.

I rely on the client to tell me what they need notarized. I don't second guess them and suggest additional notarizations. Often the title company will supply "affidavits" and the like that are not notarized.

Reply by JanetK_CA on 8/27/12 12:19am
Msg #432095

I don't know about NY, but in my state (CA) and I imagine many others, the entire certificate verbiage, signature and stamp needs to all be on the same page. I've been seeing a fair number lately where some of that falls onto a second page, so that usually means adding a separate certificate.

Reply by jba/fl on 8/27/12 1:49am
Msg #432096

And what's with the signature lines on page 2, but all other verbiage on page one? Sometimes one can move the lines over and other times you have to add a loose certificate. Common sense will dictate and rule in these situations.

Reply by Shoshana/AZ on 8/27/12 9:11am
Msg #432103

When that happens i simply sign and stamp on page 1.

Reply by MikeC/TX on 8/27/12 3:42pm
Msg #432147

"I don't know about NY, but in my state (CA) and I imagine many others, the entire certificate verbiage, signature and stamp needs to all be on the same page."

Not required in NY; fact, by law, the only required acknowledgment verbiage is on documents that convey real property. As long as it's not a mortgage or something similar which will be recorded, there is no required form of acknowledgment.

Reply by MXC/NY on 8/27/12 7:37pm
Msg #432176

Thanks to everyone. I obtained more information than what I expected. For me, back to the books.

Thanks again

Reply by MikeC/TX on 8/27/12 11:05pm
Msg #432192

I was a notary in Suffolk County for about 6 years before I moved down here to Texas, so I've bumped into this a few times. NY has very specific wording you must use in an acknowledgment for property conveyances within and outside of the state. It's in the "manual", under Real Estate Law (Section 315, I think).

Do yourself a favor - make copies of the official NY acknowledgment wording for property conveyances on both letter and legal paper, and carry them with you. If you need to attach a loose certificate, match it to the paper size of the document. There are some county recorders in some states who get bent out of shape if the loose certificate isn't the same size as the rest of the document - I know this from personal experience.

Also - I don't know where you are in NY, but some counties (Suffolk is one) require that all signatures on recordable documents be in black ink. Always use black ink if the document is going to record in NY; if your client insists on blue ink and you know it's a going to be recorded somewhere in NY, check with that county clerk first - you could save yourself another trip. NY doesn't have a lot of rules for notaries, but they are serious about real estate documents.

Other than that, relax - you need to have a basic understanding of the documents you'll be dealing with, but this is not rocket surgery...