Posted by Glena/NV on 11/25/04 2:27am
Msg #12004

Illinois Notary madee an error or am I wrong?

I had to complete a split signing today. Package was mailed from Illinois by the first notary. On the DOT, he did not attach a loose-leaf acknowledgement certificate, nor did he use the certificate that came with it. Instead, he signed on the witness signature area as "His name, for the non-obligor signer's name", then he affixed his seal on the signature page.

I am wondering, don't you IL notaries use notarial certificate as well? There was not notarial wording on that page and he did not handwrite it either. I am not familiar with Illinois ntary law. Any info? TIA.

Reply by Linda on 11/25/04 11:22am
Msg #12015

I'm sorry but I don't know Illinois laws. However, my State does not allow us
to add any certificates to the documents. The documents have to have all the
notarial information on them. According to the Laws, we are not allowed to
make any judgments regarding the legal parts (need of something or not)
of the documents (UPL).
I have read many times on these boards that someone from my State has
add a certificate -- they obviously do not know the compiled laws.

Reply by Glena/NV on 11/25/04 1:48pm
Msg #12030

Linda,
I do not know how many signings you have done in the past, but my advice in the forums is very well sought. People email me privately for my advice.

First of all...you obviously do not know anything about what I am talking about! Understand what my post is all about before you decide to slam me! This is not a UPL! You are not providing a certificate that is not there! Have you done a split signing at all where another notary has to notarize something---in this case from Illinois, and you have to finish the rest? My guess is not! or you would know what I am talking about.

Where it is a split-signing, the notary was to use the certificate that came with the DOT and the second Notary has to provide a loose-leaf acknowledgement certificate to complete his or her end of the notarization...THIS IS NOT A UPL!!! This notary did not use the certificate that was provided in the DOT and he did not provide an all purpose acknowledgement certificate herself. He stamped his seal on the signature page with no notarial wordings and venue....obviously, you will be doing the same thing, right? Know your notary laws before you slamm someone! A seal without a notarial certificate is not valid! You should know that?!!!

It is obvious that you do not understand where the UPL would apply on this case...it doe not apply!

It would be considered a UPL if there is no certificate attached and you decide for yourself (without finding out from the source) what certificate to use. It is not for you to decide...THAT WOULD BE A UPL! This document has an acknowledgement certificate which the notary did not use...it is obvious that they want an acknowledgement, when another certificate is needed and the other notary used that already in IL, you have to provide one on your end...the same acknowledgement certificate.

What state are you in? I was a notary in California and a notary in Nevada...I have no idea what your state is, but in both of the states that I have served, they are allowed.

It is obvious that you do not know what you will be doing in this situation...you better have not posted your opinion because it did not help and it is very insulting that you slam a person without knowing what it is she is talking about, sounding so smug yet knows nothing!

Be nice next time, maybe you will get a better response.

I am asking for opinions from Illinois notaries, are you allowed by your state to stamp your seal on anything without the notarial wording and venue?

I apologize everyone! It just happen I was rubbed the wrong way. Happy Thanksgiving!

Reply by Bob-Chicago on 11/25/04 2:53pm
Msg #12032

Further Proof of My Theory

Many notaries ( do not deserve the NSA designation) are way overpaid @ $50/signing.
You are correct the the Il notary did not know what they were doing.
The Il notary should have filled out and signed the incorporated ack or attached a loose ack.
Il provides for a regular ack as follows:
state of ____
county of______
this instrument was acknowledged before me on__(date) by
_______________-(name of person(s)
(seal)
____________________
signature of Notary Public
aint exactly brain surgery
I was the back end of a split signing, and the first notary notarized for my signer as well as hers as names were preprinted. On one doc notary did not sign or fill out but only affixed an embosser seal (ink seal on other docs.
Also used Sunday as the last date of recission.
You are also generally correct on your UPL statements.
We are allowed and , in fact obligated, to follow our own states's notary laws. This requires reading, understanding and interpreting them. UPL generally involves giving legal advice to someone other than yourself.

Reply by Glena/NV on 11/25/04 5:10pm
Msg #12036

Thank you, Bob-Chicago for backing that up...

You are right! Even for $50 signings, these people are not qualified. I wish that before they go out and notarize that they should get familiar with their state laws first. I do not know if there is any state in the United States that would allow you to notarize without the venue and notarial wording...ignorance could cost them their commission and in this case could possibly cost the loan not to close on time.

I admire those who take time to learn before they go out. It is better to ask plenty of questions...no matter how stupid you think they are, than to not ask the question, pretend that you know what you are doing and gamble at the risk of someone else's loan.

For you, Linda, you have to be doing or practicing something outside the scope of notarial acts inorder to be fit the description of UPL. You should go back and re-learn your notarial handbook to how to handle this type of situation or any other situation before you offer anyone an advice. It is obvious that you would have handled it the same way since you said that you would not add a certificate since your state does not allow it. Try reading your handbook or ask you SOS to see how they would want you to handle situations like this before you got out and do the same thing....And do not jump the gun on someone when they ask for advise...no matter how an expert you are in this field...you were once someone who needed someone else's advice... BE NICE ABOUT IT! Or don't offer any advice at all. No one deserves that treatment!

Reply by Ali-IL on 11/25/04 5:33pm
Msg #12040

Re: Thank you, Bob-Chicago for backing that up...

Why are you people getting so angry? Just answer a question, or accept or reject it. Don't get so hostile. Some of you act as if this forum belongs to you. I don't get it. Why get so angry with someone that you don't even know? And, then you wish a happy Thanksgiving?

This is a time to give thanks to God for giving us success in this kind of work.

Reply by Glena/NV on 11/25/04 5:53pm
Msg #12041

Ali, you are right! I apologize and I stand corrected...

I just got rubbed the wrong way by Linda's response to my original post. You are right about posters to pass any posts that they have nothing better to say.

Telling people that they are doing something wrong by adding a loose-leaf certificate and referring them to not knowing their compiled state law is simply not necessary. That is the reason why loose-leaf acknowledgement certificate has been provided...so that it can be used when it is needed and I just want to clarify that using a loose-leaf certificate is not a UPL when it is clear that, that is what is needed to complete the notarization, which was in the above case.

Reply by Paul_IL on 11/26/04 12:12pm
Msg #12071

Re: Further Proof of My Theory

Bob,
This is exactly why Illinois law(Title Insurance Act) says that is is illegal for Notaries to conduct closings\signings in Illinois. Illinois law requires you to be a Independent Escrowee, Title Company or Title Agent or attorney of course. So Bob, which one are You?