Posted by Christie Costello on 7/15/04 4:38pm
Msg #4477
Question re: separate acknowledgment certs
I have a question for the veterans in the group. In the past, I have not been completing loose all-purpose acknowledgments that are included in packages. I don't do this because I need to know the specific document I am notarizing.
Today I got a call from one of my clients saying they needed the all-purpose ack to file the deed with the county (I'm in CA). The acknowledgment wording was included on the document, so I did not do the separate loose cert. She said that even though I did the acknowledgment on the DOT, the county still requests a loose cert.
Does anyone know if this is true? I have not heard this before.
FYI...because they needed it, I went ahead an did the loose cert, but I did associate it with the DOT in the optional notes section at the bottom, so it couldn't be used for another doc.
What would you have done?
Thanks in advance for you input.
Christie
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Reply by HisHughness on 7/15/04 5:36pm
Msg #4481
Some clerk in a county office or a title office wants a certification for a signing I have done, I will give it to them. However, I will note on the certification that it is for a DOT dated XX/XX/XXXX from XXXXXX XXXXXXXXX.
I have no idea why anyone would want a loose certification. To me, there are several advantages to an incorporated certification, not the least of which is the danger of using a loose certification for another document, as you so rightly pointed out. Perhaps some of the older, more experienced geezers on this board -- like Paul -- might offer you more insight.
Unfortunately, Dennis apparently has taken a hiatus from positing here. He could have cited you chapter and verse in several thousand well-chosen words -- some of them condign and all of them conflagrant -- about what someone could do with such a request. I don't have that knack, being just a mild-mannered former reporter for a metropolitan newspaper with an affinity for telephone booths.
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Reply by Christie Costello on 7/15/04 5:45pm
Msg #4482
I just re-read my post. Sorry for all the typos. :-(
I must be tired. And I have 3 signings this evening. Yikes. I'd better pull myself together.
Have a great day, everyone. Happy signing!
Christie
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Reply by Jon on 7/15/04 6:12pm
Msg #4484
There is no requirement for CA to have a loose cert. for a DOT. The only possible exception I can think of to request one is if the one included did not conform to CA law. CA is very specific as to what is acceptable wording for an acknowledgement. I would have told them no, unless they could prove that I made a mistake.
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Reply by Sylvia_FL on 7/15/04 7:43pm
Msg #4491
One certificate - one document. No need for a loose certificate if there is one already on the document. I would have refused. If the county is requiring a loose certificae, that means that the company lost the original - but if it was on the document they couldn't have lost it.
I would have told them that you had already notarized the document and by law you cannot provide another certificate for the same document, unless they can send you the original document back indicating that there is not a certificate there.
If they insist, I would have said you would check with the county and with your SOS office and get back with them!
Something fishy there!
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Reply by BrendaTX on 7/15/04 11:33pm
Msg #4502
This is my opinion, as well.
I will not do it.
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Reply by Carolyn on 7/16/04 12:50am
Msg #4512
I bet I know the lender on this one
I ran into this with a new lender just last month.
They put their usual notarial wording on the final page of the DOT. Then they add a state-specific ack form for you to fill out as well. They are trying to cover all the whims of the county recorder.
Fill out both notary forms, being certain to write in the name of the document and other info to make it very clear what the loose ack is referring to. Staple both notarizations together with the DOT.
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Reply by RoadRunner on 7/16/04 3:48am
Msg #4515
Re: Advice from SOS
Secretary of State’s Note:
When doing an attachment certificate a seal imprint must be completely on the certificate.
A second imprint may overlap the document and certificate as a protection device.
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Reply by RoadRunner on 7/16/04 3:53am
Msg #4516
Re: Advice from SOS
Protect “Loose” Certificates.
If you have to attach a notarial certificate to a document, make sure that it’s securely stapled to the left margin of the document. Protect against its removal by embossing it together with the document, and writing the particulars of the document to which it is attached in one of the certificate’s margins. For example, the note, “This certificate is attached to a partnership
agreement between John Smith and Mary Doe, signed July 14, 1986,” would discourage fraudulent reattachment.
Secretary of State’s Note:
When doing an attachment certificate a seal imprint must be completely on the certificate. A second imprint may overlap the document and certificate as a protection device.
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Reply by Sylvia_FL on 7/16/04 7:03am
Msg #4524
Re: Advice from SOS
That is what I teach in my notary classes
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Reply by Sylvia_FL on 7/16/04 7:02am
Msg #4523
Re: I bet I know the lender on this one
Fill out the certificate that is compliant for your state and void the other out. One document, one certificate!
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