Posted by mimi_NJ on 12/7/04 2:48pm
Msg #12895

Another Unlawful Request

At a signing last night, I was asked to notarize the borrower's signature on the Deed. This would have been okay except he has an exwife in Michigan who also needs to sign the Deed. The lender wanted me to just notarize his signature and he (the borrower) would send the deed to his ex for signing. How crazy is that???? Once I left he could have signed her name or had someone else sign. How should this be handled with the wife in another state? She could make the ex her power of attorney????

Reply by Derrick/MT on 12/7/04 3:02pm
Msg #12896

You could have written in the acknowledgement that you witnessed "John Doe only" then it would have been up to the ex to find another notary to attach an another acknowledgement

Reply by PAW Notary Services on 12/7/04 3:05pm
Msg #12897

This is NOT an unlawful request. Actually, this is more common than you might think. The process is commonly known as a "split signing". You would notarize the signature of person in your presence and then the docs would be sent to get the other signature and notarized by another notary.

In cases like that, simply state in your notary certificate that ONLY John Doe appeared before you. So, the acknowledgment would look something like:

STATE OF ____________________________, COUNTY OF____________________________
The foregoing instrument was acknowledged before me this ______day of __________,____, by JOHN Q. DOE -ONLY-.


Then the next notary would attach a certificate for the notarization of the second signer.

I do hope you completed the signing for the borrower so it could be sent out for the ex-spouse to sign. If not, you will probably need to get it done ASAP, at your expense.

Reply by FLNOTARY on 12/7/04 3:10pm
Msg #12898

Add a loose acknowledgement. Acknowledging his signature only.

Reply by BrendaKhan-FL on 12/7/04 5:33pm
Msg #12914

I have done several "split" signings and have done exactly what the others above me posted to do. It is not illegal to notarize for just one signer as long as you state so in your notary section.
I even had a seperated married couple with 2 different locations, 2 different times and days, 2 different last names,as the wife had already dropped her married name and was using her maiden name again, but they were still technically still married. I was paid for 2 signings in this case. BK-FL

Reply by APS-HI on 12/7/04 6:44pm
Msg #12928

This is very common and it is not unlawful as long as you are only acknowledging the one signature and not both.