Posted by Sylvia Gee on 8/17/12 2:30pm
Msg #430848

question

i have a question? i recieved a phone call asking if we are allowed to notarize a written letter
or do i have to get a affidavit and if i do where do i get this. please help

Reply by Les_CO on 8/17/12 2:47pm
Msg #430855

The best person to advise you would be Hugh Nations, a long time Texas notary, a distinguished author, and long time attorney well versed in Texas law. I believe you can only notarize the letter “A” and only if written cursive, but I don’t really know Texas law so don’t quote me or use what I say as any sort of guideline.JMO

Reply by HisHughness on 8/17/12 7:32pm
Msg #430877

Unfortunately, oxygen deprivation from the altitude sickness he encounters from his perch high in the Rockies apparently has impacted Les's judgment.

In Texas, you can notarize any letter of the alphabet except "q," which must always be notarized in conjunction with "u." You can also notarize numbers up to 12.

The Texas practice is substantially different than the practice in Colorado, which may be what threw Les off. Because of it's literacy level, Colorado has only 19 letters in its alphabet, and Colorado notaries can notarize only up to 10, since they don't count beyond the number of toes they have. There is an exception to that, though. Colorado is one of those states that permit concealed weapons. If the notary is one who has a concealed carry permit and seeks to be a quick-draw artist, he probably will not have the requisite toes to count to 10.

I have never seen Les barefoot, so I cannot verify what his capabilities are as a notary. I can say, however, that some of his friends jocularly call him "Less," if that is a clue.

Reply by Les_CO on 8/18/12 8:23am
Msg #430915

I believe my Lucchese alligator boots are bulletproof? At any rate when practicing my quick draw I carry my sidearm in what we here in the high country call “open carry” not requiring a concealed carry permit. So if you ever visit and see someone with a hog leg strapped on, please don’t call a SWAT team. And I do still have all my toes, so I should be able to continue to notarize up to the number 10, but thanks for your concern.

Reply by A S Johnson on 8/17/12 3:51pm
Msg #430859

Sylvia, I do not find you listed as a Notary as a Notary in Texas.
In Texas a letter can be Notarized.
First I D the signer. Determine that the signer has read and understands what the letter contains.
Simply ask "what is the purpose of the letter".
If it is an acknowlegement, it can have been sign befoe hand, ask if is thier signature. If it had not been signed have the signed sign it
If it is a Sworn statement, issue the client an oath and have them sign it.
If the letter has no Notary cert, after the signed tell you what type of Notary they want place a loose cert with it and sign and stamp it. You as a Notary can NOT dertermine what cert is to be
used, that is the unlicensed pratice of law.
good luck
P S I personally will not Notarize a hand written letter on one that is printed.

Reply by Sylvia Gee on 8/17/12 4:22pm
Msg #430861

thank you and does anyone know why i would not show up as a texas notary?
could it be that i just have the free membership with notaryrotary? thank you

Reply by MikeC/TX on 8/17/12 5:57pm
Msg #430866

Not sure what A S is referring to about you not being listed as a Texas notary - I see a listing for you in San Antonio.

Reply by Roger_OH on 8/17/12 6:41pm
Msg #430869

A S, why wouldn't you notarize a signature...

on a letter, whether handwritten or printed?? It's the signature that is notarized, not the document, so why would you have a concern about the format of the document? The signer is attesting to the document content; all you're doing is certifying the signature.

I'm at a loss to understand why you would deny notary service to anyone for a letter without a certificate so long as they meet the required elements of ID, document awareness, and willingness to sign it?

Why wouldn't you just proceed as you described to the OP?

Reply by BrendaTx on 8/18/12 12:16pm
Msg #430938

She is definitely listed at the state website. n/m

Reply by BrendaTx on 8/18/12 12:25pm
Msg #430942

You do not show up on NR because

there are too many in your area with free memberships on NR. That's my opinion.

Reply by BrendaTx on 8/17/12 6:52pm
Msg #430871

Sylvia Gee

You can find copies of the Texas acknowledgment and the jurat certificates here:

http://www.sos.state.tx.us/statdoc/forms/edinfo-sample-forms.pdf

Every document that you notarize must have a notary certificate on the same page or attached to it. If there is not a certificate, the client always picks the certificate, you do not.

You do not need an affidavit if they simply want their signature on the letter notarized.

Give them certificates to pick from.
Make example certificates by putting the wording of both a jurat certificate and an acknowledgment certificate on a sheet of paper -- let them choose one. Attach it. Complete the certificate, apply your seal.

========================
During this encounter you must...

ID the person who has appeared before you.
Perform the oral ceremony.
Complete your notary journal

====================
If they are looking for a certified copy of a letter, the link above has a certificate that you must complete. Make a copy of the letter; attach the certificate; notarize it.


====================
In the meantime, go to this link:
http://www.sos.state.tx.us/statdoc/notary-public.shtml

Study all the links at the bottom of that page under "Educational Materials" to learn how to perform as a Texas notary.

Reply by Les_CO on 8/17/12 7:03pm
Msg #430874

Re: Sylvia Gee

Ahhh… Brenda!….. The consummate “Good Samaritan”…… passing along information any Commissioned Texas notary should know. Here’s a BIG thank you from the rest of us, and especially from her current and future customers. You just may have saved them a lot of problems. JMO

Reply by BrendaTx on 8/17/12 7:23pm
Msg #430876

Re: Sylvia Gee - thank you, Les. n/m

Reply by A S Johnson on 8/18/12 9:48am
Msg #430923

Re: Sylvia Gee - thank you, Les.

Sylvia, I still do not find you in the Texas Sec of State Notary register. I'm sorry I jump to "you are not in it" pharse. I went to Hawthorne Jr High on Josephine between Broadway and St Mary(School closed long ago, building still there) in the mid 50's.
FYI as to not Noterizing a hand written letter. I won't because too many marks on it can be miss inturpted and as a Notary I can refuse to do a Notary if I am unconfortable with the document. You can get it typed up and printed to easly. Remember you can NOT tpye up the doucment .

Reply by MikeC/TX on 8/18/12 2:20pm
Msg #430953

Re: Sylvia Gee - thank you, Les.

"Sylvia, I still do not find you in the Texas Sec of State Notary register."

She's listed there. All I did was put in her first and last name, and her record comes up immediately. Maybe you're misspelling her name somehow?