Posted by Notary1/CO on 8/6/12 5:48am
Msg #429463

PRIA Notary Best Practices for Recordable Documents

Notary Best Practices for Recordable Documents: “best practices” described in this paper are for notaries who handle recordable documents and for commissioning authorities who appoint, oversee and discipline notaries.

Property Records Industry Association (PRIA), Revised March 2012

http://www.pria.us/files/public/Committees/Real_Property_Law/Notary%20Essentials%20Workgroup/PRIA_NotaryWhitePaper_version2_0_APPROVED.pdf

Reply by MW/VA on 8/6/12 7:10am
Msg #429468

Thanks. Very useful info, especially for newbies. n/m

Reply by Marian_in_CA on 8/6/12 10:33am
Msg #429482

The funny thing about "best practices" is just that... it's not necessarily anything that anyone had to abide by... they are simply a collective of recommendations because they are practices that have been proven to show good results over other ways of doing things. You also have to be aware of the ultimate goal of the organizations promoting the practices.

For example, the first thing that I noticed was on pages 2-3, because it's something CA notaries deal with all the time:

"1. PRIA recommends that any separate notarial form (i.e. one not part of a recordable document) should:
...
(b) be attached at the same point(s) and in the same manner as the pages of the document;..."

Okay, that's good and fine, and frankly, makes sense. But for most of the loan documents notaries receive, there is no manner of attachment, and, in CA, as of January, we're required to staple loose certificates, and specifically told that tape or clips are not allowed.

The rest of their recommendations are really great, IMO.... nothing CA notaries aren't already used to, but I'm sure other states' notaries probably wouldn't enjoy.


This is a good of example where guidelines are good, even great, but you still need to be aware of the little details in case they conflict with your current state requirements.

Reply by Marv/CA on 8/6/12 11:45am
Msg #429489

I read your comments: "in CA, as of January, we're required to staple loose certificates, and specifically told that tape or clips are not allowed."
Is there a reference in the notary handbook to that effect? I can not find it.

Reply by Marian_in_CA on 8/6/12 11:54am
Msg #429491

It's not in the handbook, but the 2012 newsletter, which you should also have as reference:

http://www.sos.ca.gov/business/notary/newsletter.htm

Specifically on pages 2 and 4:


"The certificate of acknowledgment must be endorsed on or stapled to the instrument. Taping or paper-clipping the certificate of acknowledgment to the document is not permitted."

and

"The jurat must be endorsed on or stapled to the instrument. Taping or paper-clipping the jurat to the document is not permitted."

Reply by reba on 8/6/12 1:19pm
Msg #429503

It would be SO helpful in NYS had as extensive a handbook for its notaries... The one for CA is very detailed. It would be even MORe helpful in the process was a uniform from state to state...a girl can dream..sigh

Reply by reba on 8/6/12 1:31pm
Msg #429512

it would so So helpful "if" (not "in").. typos

Reply by Notary1/CO on 8/7/12 2:57pm
Msg #429669

Yes, notaries must first follow their state laws, court rulings, notary handbook, guidance and rules from state regulators. When state laws, rules and guidance are silent, then using industry standards and best practices is useful to demonstrate that a notary is exercising reasonable care, rather than guessing what to do, or worse yet, acting against published standards and best practices.

I noticed that this publication was silent on whether the name printed in the document must exactly match the name printed in the notary certificate. It only mentions that names should be spelled correctly.

Best Practice 2(c): ensure that the name of any signer is correctly written, with no misspelling;
Comment: The intent of this best practice is to encourage consistency, accuracy and completeness, thereby reducing rejections. A variation would not necessarily cause a document to be rejected.

Since consistency is the intent of the best practice, that implies to me that the name should be shown consistently throughout, to minimize risk of document rejection. So, if the name on the document is John A. Smith, and the name on the ID is John Attila Smith, I would record John A. Smith in the notary certificate for consistency, rather than elongating it to John Attila Smith, and risk possible rejection by a clerk or document recorder.

Perhaps the signer does not want people to know his/her middle name or does not like it. It may be an invasion of privacy or upsetting to the signer to disclose a middle name on a publicly recorded document when not required.