I usually get rotten tomatoes thrown at me over these statements, but it doesn't bother me. It is just my opinion and I don't mind that others disagree with me.
When I asked my (then) attorney boss about some of these things, he gave me advice as MY lawyer...not the lawyer for the document that could be disassembled in the future.
He said to do what I am required by law to do, no more. I changed my way of doing things, then.
The more I do as a notary do that to a document, certificate, or journal that isn't required by law, the more likely I am likely to make an error or be inconsistent about my habits. That could create an issue for me if the document becomes the basis of a lawsuit.
He said that if you do your journal properly, your journal verifies that the document belongs to the certificate and will not list the fraudulent action. He did say that if signers want to sign the journal, even though it is not required, he thinks that asking them do so protects the notary. He was against thumbprinting before the SOS was because it was added liability since we were not required to collect it.
Today, crooks only need our signatures and seals to make all the certificates they want.
Actually, a trip to the courthouse will provide our signature on previously notarized documents in the public record. (Years ago, before copiers, a clerk typed a transcript of the recorded files and the signature was "/s/ Nancy Notary," and no handwriting was in the public record. Neither were notary seals. The notary's name was there, that's all.)
A notary seal can be made without question by many stampmaker shops with information that is publicly available. The seal also appears round or rectanguler in the public record. In Texas, the color can vary, so that could be a bit of a crapshoot for them if the scanned document isn't in color.
A scanner and a decent printer will reproduce a signature that looks like an original. And, with a free drawing program, the signature can be changed to blue or other colors.
Once upon a time, years ago, acknowledgments stated the name of the document rather than stating "the foregoing instrument." That was so much better than adding it on, in my opinion.
Finally, I am not sure that Texas law uses that term "attached" relating to the certificate being attached to a document except when discussing proof of acknowledgment by handwriting. Good research question.
Throw your 'maters!
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