Posted by Avis Davis on 11/19/04 10:14pm
Msg #11719

Note: Requires Acknowledgement???

I'm doing a signing tomorrow morning at 10am. Do I do an acknowledgment on the Note? Would it hurt if I attached one just in case.

Reply by CaliNotary on 11/19/04 10:44pm
Msg #11722

No, you don't put an acknowledgement on the note. Yes, it could hurt because it will make it clear that you don't know what you're doing.

If they want a document notarized it will be quite clear to you. Don't make assumptions, just go by what's on the documents.

Reply by Avis Davis on 11/19/04 10:54pm
Msg #11723

CaliNotary-

Witness the Hand(s) and Seal (s) of the undersigned. Doesn't this require an acknowledgment? I don't mean to ask the same question twice but I may not has asked it propertly initially.

Reply by BrendaTX on 11/19/04 11:22pm
Msg #11726

Notes, in my experience, are not notarized.

Perhaps there is a time for that, but again, in my many years of experience as a legal secretary in a real estate and probate law office, it's not done.

Make no mistake, I am not an attorney and I don't practice law. Simply passing on what I have seen and will not be hitting the law books for a citing.

To ease your mind, perhaps on the lingo: Capriciously in tone, I would say the "Witness the hand" and all the the seal business is jargon put there "to sound important."

Keep asking, Avis. Ask it until you know you've gotten the right answer just like you did.

We might seem like we are short, or blunt, but a sharp answer from one of us is better than the world at large -- or finding the answers abruptly from your hiring entity while in the trenches.

Besides that, you are one of "us" now and we want you to know what you are doing so you'll carry that sign of excellence that will keep us all in business.

Bad notary practice from inexperience will, on the one hand, further the business of the experienced notaries. But, it cuts both ways.

See, on the other hand, it could be fuel for the machine that would put us out of business and all land transactions strictly back into a title company/lender/attorney office setting.

That's why I post and help when I can. Assisting other NSAs to do the job right is to help us all keep a clean reputation and keep our industry in business.

DISCLAIMER: I am fresh out of disclaimer material at the moment . Just consider me no more able to give advice on completing a legal document than that the snail creeping around in your flower bed.

Reply by CaliNotary on 11/20/04 12:24am
Msg #11732

Like Brenda said, that's just a fancy way of saying "sign here".

Almost without exception, every loan document package I've done (over 600 of them) has had the notary section printed on the page if they want it notarized. You may sometimes have to attach an acknowledgement to get the California wording correct on it, but some sort of acknowledgement section should be printed on the form if they want it acknowledged.

The only exception I've seen are World Savings loans. They don't have the acknowledgement section printed, but the bottom of the last page of the deed of trust states "notary should attach acknowledgement page" or something to that effect. And that's the only notarized page in their loan package.

Reply by Mortgage Closers of San Antonio - Kenneth C Whitton Jr on 11/20/04 12:48am
Msg #11739

It actually does have a purpose, and that is to signify the importance of the signature. "seal" simply means signature... Witnessing such means that you saw them sign it... This is showing the significance of the transaction in which they are a party...

Reply by HisHughness on 11/20/04 9:11am
Msg #11753

A poster notes, regarding the word "seal" or "l/s" on a signature line:

***It actually does have a purpose, and that is to signify the importance of the signature. "seal" simply means signature... Witnessing such means that you saw them sign it... This is showing the significance of the transaction in which they are a party...***

As has been noted a couple of times in the past on this forum, "seal" or "l/s" (which is an abbreviation of the Latin term for 'location of the seal') after a signature means that it is given under seal. Depending on the venue, that can mean nothing, or it can extend the statute of limitations for bringing a legal action pertaining to the transaction, or it can mean that the transaction does not require mutual compensation, or both of the latter.

Reply by Mortgage Closers of San Antonio - Kenneth C Whitton Jr on 11/20/04 1:01pm
Msg #11765

OY VEY

Reply by BrendaTX on 11/20/04 2:22pm
Msg #11768

Educate me, KCW, what's OY VEY??

I found the following:

Yiddish for "oh woe" or "oh pain?" A Jewish expression often of frustration, but also of excitement?

What am I missing?

Reply by Mortgage Closers of San Antonio - Kenneth C Whitton Jr on 11/21/04 7:31pm
Msg #11804

It is my personal way of expressing frustration... I know it is Yiddish, but the direct translation is something I have never had a desire to learn... It can be a celebratory expression... It can also be a somber statement... In my own personal life, it keeps from saying so many curse words...

I hope you had a good weekend. I got my Christmas lights out, my in-laws will be here in the morning...

Reply by CaliNotary on 11/21/04 8:26pm
Msg #11806

I just love that a guy who uses "Oy Vey" talks about putting up his Christmas lights in the same post

Reply by BrendaTX on 11/21/04 9:12pm
Msg #11812

My California buddy said "I just love that a guy who uses "Oy Vey" talks about putting up his Christmas lights in the same post "

Now that's DIVERSITY.

"Diversity" is the buzz word in my town. It's in the newspaper, the local news, and on the related internet sites I read about this area. Since I am in the Bryan-College Station, Texas region, KCW, Jr. will understand why I say this. Extremely conservative area.

TAMU has grown leaps and bounds in diversity over the last ten years. Not so long ago, only males were allowed to attend the school.

This area is a wonderful place to live-- if you don't mind that every lady with blue hair gets her hair done on Thursday or Friday morning at appointments between 8:30 am to 10 o'clock sharp. (Ladies with blue hair have zero concept of "diversity" and never will. That's why these little gals amuse me.)

Either she will own a 1979 Cadillac in perfect condition, or a 1977 Lincoln Town Car. Either way, they only have 42,352 miles on them - tops.

Whether it is she, or her dutiful husband driving, the Caddy/Town Car will make a wide-swinging turn (small left swerve, then a sharp right, gun the accelerator) to get to the Downtown Beauty Parlor before Myrtle edges in ahead of her.

Heaven helps us if diversity is an issue...that could mean a new traffic light, in this situation, or perhaps a few students late to their first class.

Diversity and change...not something that works well with a Caddy driver on the way to get her hair done.

Reply by BrendaTX on 11/21/04 9:42pm
Msg #11814

KCW, Jr. said, in reference to Oy Vey!: "In my own personal life, it keeps from saying so many curse words..."

Thank you. I am practicing it right now. Some of these helpful things I have picked up here and there are:

"Mother Goose!" or "Mother Ritchke!"

and, then there is the all purpose, and useful phrase:

"God Bless America, and all the little countries below it! which I give credit for knowing from an uncle of mine. He was hammering and hit his thumb.

Reply by Mortgage Closers of San Antonio - Kenneth C Whitton Jr on 11/22/04 7:01am
Msg #11827

Ya know, I find that in our highly stressed out society, it just helps to have a way to express one's self. Just like today, I have 2 real estate clients and 3 closings... Then my in-laws coming in this morning, then I have to cook dinner this evening... Then... Then... Then... I am beginning to understand what my mother always talked about, the lack of time in the day. I do not yet have children, one day I would like to, but for now I am going to be happy that I do not have that extra bowling pin to juggle.

As to the last writer, diversity is exactly what it is all about... I do not think we all have to fit the exact same mold, the world would be pretty boring if we did. You are very right, Bryan/College Station is very conservative. It makes me think of Nacitoches (spelling?) and Steel Magnolias, I just pray that you do not have to deal with Weezer and Drum all the time...

Reply by CarolynCO on 11/20/04 5:08pm
Msg #11775

Re: Clarification ...

**OY VEY**

Huh? If this was something I was expected to learn in school, I was either absent that day or probably dreaming about some hunk, so I have absolutely no idea what you are implying.

Reply by BrendaTX on 11/19/04 11:39pm
Msg #11728

Avis...

BTW, as a general rule in matters of notary minutia, if CaliNotary tells you it's turned cold in July, go ahead and get your jacket before you go outside to check. He's likely right.

He might bark and growl here and there, but he doesn't bite very hard, and he definitely knows his stuff.

Reply by Avis Davis on 11/19/04 11:56pm
Msg #11730

Re: Avis...

Thank you so much for your help. As a newbie, I'm just trying to avoid mistakes and establish new work relationship.

Reply by CaliNotary on 11/20/04 12:26am
Msg #11735

Re: Avis...

Awww, you just made my little grinch heart grow 10 times in size.

Reply by BrendaTX on 11/22/04 7:51am
Msg #11834

Re: Avis...

C: I am not buying into that "grinch" business. I've observed more than a grinch portion of generosity and helpfulness from time to time.

Reply by CaliNotary on 11/22/04 12:30pm
Msg #11855

Re: Avis...

Yeah, but that was only because I was drunk at the time.

Reply by Stephanie/CA on 11/22/04 6:12pm
Msg #11881

Re: Avis...

And here I thought CaliNotary was a chick/woman/girl/female/gal

Reply by CaliNotary on 11/22/04 8:33pm
Msg #11894

Re: Avis...

Heh. That's the second time I've heard that in the past month. I'll try to punctuate my posts with the occasional belch to remind you all of my masculinity.

Reply by BrendaTX on 11/22/04 9:24pm
Msg #11900

Re: Avis...

Crazy thing about this. I knew you were a guy. Surprised to find others did not.

I did get an email within the last month from a poster that I thought was a man, but it was a woman. She was *not* "masculine sounding" - She IS a very direct-and-to-the-point poster. She does not use 5000 words where 7 will do (like I do) so I drew my conclusion from that.

Some women know where to economize, and some don't. I economize on talking, don't care much for a lot of chatter.

But, I can type nearly as fast as I can think...so, I do... and, you can't stop me, so ha and ha, ha.

Reply by HisHughness on 11/22/04 11:11pm
Msg #11906

Re: Avis...

BrendaTX brags:

***I can type nearly as fast as I can think***

Brenda, that's about like a tortoise boasting, "I can think nearly as fast as I can gallop."

Sorry. You just really shouldn't serve up soft ones like that. They'll go outta the park ever time.

Reply by BrendaTX on 11/23/04 5:02am
Msg #11910

Re: Avis...

Hugh said:
Brenda, that's about like a tortoise boasting, "I can think nearly as fast as I can gallop."
Sorry. You just really shouldn't serve up soft ones like that. They'll go outta the park ever time."

It's about time. I have been getting by with murder.

Reply by DarleneAZ on 11/20/04 11:21am
Msg #11761

I agree with the statement that if they want a document notarized it will be quite clear. The only loan package I know of that requires notarization on the note is from Morgan Dean Stanley Witter and it is quite clear that it's required.

Reply by BrendaTX on 11/20/04 2:24pm
Msg #11769

Thank you for updating my knowledge base, Darlene. I learn something new every time I tune into the forums.

Reply by CalGal on 2/26/05 7:57pm
Msg #22667

In response to CaliNotary stating that if the document needs to be notarized it will be clear to you. Not necessarily, the E&O Compliance Agreement needs notarization and doesn't always indicate it on the doc.

Reply by PAW_Fl on 2/26/05 8:24pm
Msg #22681

CalGal wrote: "the E&O Compliance Agreement needs notarization and doesn't always indicate it on the doc."

If there is no notarial certificate already on the document, the notary cannot arbitrarily add one. (That may be construed as UPL.)

Why does the E&O agreement "need" to be notarized?

Reply by anonymous on 11/20/04 10:38am
Msg #11759

It sounds like you don't need to notarize the one you've got. I believe Virginia and Louisiana both notarize their Notes. I am quite certain they would have the appropriate verbage on the document.

As His Hughness stated, to the contrary of what is bandied about on these boards quite often, "SEAL" has a very real legal meaning in certan jurisdictions and isn't just an archaic term thrown on behind the signature line (although from what we see sometimes that might actually be the case)

Reply by BrendaTX on 11/20/04 2:27pm
Msg #11770

And, also, I thank you, Anonymous, for updating my knowledge base. I have not had the opportunity to notarize packages from Va or La. I will add this to my notebook of notary info.

My theory, from a Texas view, is that a Texas note from any individual could be signed and mailed off privately - without a witness - to the person a note would be payable to.