"A Paraph is the notary's statement placed on the face of the promissory note to identify it with a mortgage, privilege, or other security device. A paraph is also used in connection with a partial release of certain property or a portion thereof from a mortgage or other security device. For a paraph of a debt instrument to be effective, the notary must mention in the security instrument that he paraphed the debt instrument. The paraph is prima facie evidence that the paraphed debt instrument is the one described in the security instrument.
The notary must paraph a note or other obligation that is presented to him for paraphing with a mortgage, privilege, or other encumberance. La. C.C. art. 3325." (Fundamentals of Louisiana Notarial Law and Practice)
The case law you referenced occurred in Nolan v. Labatut, 117 La. 43141 So. 713, 719 (1906).
Proper form to include in an Act of Mortgage I draft would be: "And I, the undersigned notary public, paraphed the note "Ne Varietur" for identification with this Act of Mortgage and delivered the note to the mortgagee who acknowledges receipt thereof."
Proper form for a separate paraph referencing the Act: " "Ne Varietur" for identification with an Act of Mortgage passed before me, notary, on {xyz date}
/s/ Notary Public, Notary ID No. {id #}
Of interesting note is that it does not need to be utilized just with an Act of Mortgage...just another instrument passed before the same notary as long as incorporation by reference is not prohibited by statute. It just so happens to be utilized most commonly with a promissory note to identify said note with the mortgage, privilege, etc.
AND THIS IS ONE OF THE MANY REASONS WHY I refuse to refer to myself as JUST a signing agent. It's also why I refuse to accept low offers from companies. If they had any earthly idea just how much liability I have riding on the line lol |
