Posted by Sylvia_FL on 4/13/05 8:59pm
Msg #31602

Florida Notary Certificates

I am posting this for informational purposes. And it is only for Florida.


The certificate must contain:

1) The venue (location of the notarization)
2) Type of notarial act (acknowledgment or oath/affirmation)
3) The signer personally appeared before the notary ("before me")
4) The name(s) of the signer(s)
5) The actual date of the notarization
6) The form of identification used to identify the signer/s
7) The signature of the notary
8) The name of the notary printed/typed/stamped below the signature.
9) The notary seal.

The most common error is not printing the name below the signature, assuming because it is on the stamp one does not have to print it as well. But, it must be printed or stamped below the signature as well as it being on the notary seal.

And I notice quite a lot, where the notary certificate does not have all the info preprinted - name of signer etc, the notary is leaving it blank and just signing the certificate and putting the seal on it. This is not acceptable.

Reply by Jay on 4/13/05 9:29pm
Msg #31629

Thank you!! I printed it.

Reply by Reggie on 4/13/05 9:36pm
Msg #31632

I just got an embosser because one of the companies requires a seal instead of stamp.

My question is do you have to ink the embosser after using it on the docs.

Reggie
Kansas

Reply by BrendaTX on 4/13/05 9:46pm
Msg #31638

Reggie: Carolyn CO has posted her method of using a pencil to make it show up. More specific info somewhere on this.

It seems like when they were required we did not have to darken...just left without color. Did not use ink, then later we had to darken with the side of a pencil, or use gold foil seals.

I think Carolyn says to smudge the pencil with your finger.

Reply by Sylvia_FL on 4/13/05 10:10pm
Msg #31646

Reggie
It is not up to the company to dictate whether the notary uses an embosser.
The stamp is a "seal".

Your Kansas notary public handbook states that if using the pressed seal (embosser) the impression must be inked or blackened.

You can get the seal impression inker from the American Society of Notaries, it is $11.95 for non members and $9.95 for members, but Notary Rotary may also carry them.
The NNA has one but it is $18.95 for members and $23.00 for non-members.

Reply by PAW_Fl on 4/13/05 10:13pm
Msg #31651

Your seal is your stamp.

If you are doing a notary certificate in FL as a FL Notary Public, you must, by law, use a black inked stamp. That is the ONLY official seal of the Office of Notary Public. The embosser may be used in conjunction with the stamp, but not as a replacement.

FL Statutes 117.05(3)(a) A notary public seal shall be affixed to all notarized paper documents and shall be of the rubber stamp type and shall include the words “Notary Public-State of Florida.” The seal shall also include the name of the notary public, the date of expiration of the commission of the notary public, and the commission number. The rubber stamp seal must be affixed to the notarized paper document in photographically reproducible black ink. Every notary public shall print, type, or stamp below his or her signature on a paper document his or her name exactly as commissioned. An impression-type seal may be used in addition to the rubber stamp seal, but the rubber stamp seal shall be the official seal for use on a paper document, and the impression-type seal may not be substituted therefor.

You do not have to use the embosser. It's nice on some documents, but is not required, ever, in the State of Florida.

Reply by Reggie on 4/13/05 10:26pm
Msg #31658

Thanks all who answered my question about the embosser. I just went to the expense for nothing then. Wish I had asked first then purchased the embosser I probably would not have bought the thing.

Reggie
Kansas

Reply by PAW_Fl on 4/13/05 10:34pm
Msg #31665

It just dawned on me, Reggie, that you are in KS. You must follow your own states laws concerning the notary certificate. I don't know if the stamp is the only official seal there or if you can use either one. What does your statutes or handbook say?

Reply by Ernest_CT on 4/13/05 10:45pm
Msg #31671

It wasn't for nothing that you bought an embosser!

Your state laws are the most important thing, as far as what is required. There is nothing as important.

While your state may not require an embosser, it may help somme of your signers feel that the document is really notarized. See the older thread about seals versus embossers.

Remember, it isn't just the steak, it's the sizzle.

Reply by Charisma_CA on 4/14/05 11:18am
Msg #31751

Re: It wasn't for nothing that you bought an embosser!

...and now I'm hungry : /.

Reply by Stephen_VA on 4/14/05 9:53am
Msg #31731

Kansas may be different. Look it up.

Reply by Marie-fl on 4/13/05 9:42pm
Msg #31636

I agree that in a perfect world all notarizations should include all nine points. However, except for the mortgage/dot most docs are missing several points.

Example: many signature affidavits appear as the following:

State of
County of

Acknowledged before me this ____ day of __________, ____.

_________________________
State of
County of
Commission expiration Seal

Are you suggesting the notary hand write the missing information where ever they can squeze it in making a mess of the acknowledgement or jurat? Are you suggesting filling out the acknowledgement/jurat as is and/or attaching a loose certificate? What do you suggest?

Reply by Becca/FL on 4/13/05 9:51pm
Msg #31639

YES - I add the proper wording if it is not on the pre-printed cert.

To the example you gave I would add: By John Doe and Jane Doe AND use an ID stamp. I use the NotRot ID stamp. I got real tired of printing all the verbiage on non-compliant docs. (who produced FLDL as identification.)

Reply by Sylvia_FL on 4/13/05 10:00pm
Msg #31641

Marie
It is the notary's job to make sure the notary certificate complies with the state laws, and Florida statutes say that those 9 elements must be present on the certificate.
So, if the certificate doesn't contain all the elements you must add them, otherwise you are in violation of the Florida notary laws which you are sworn to uphold.

You can either add them to the existing certificate which is what I do, or you can void that certificate out and attach a loose one.

And I also use that ID stamp from Notary Rotary, it sure saves some writing.

Reply by Becca/FL on 4/13/05 10:03pm
Msg #31642

I had two calls this week from "new to me" Co's asking me to go "fix" botched jobs by newbie Notaries in OUR area. One of the complaints from a National TC recruiter was that the Notary did not know how to complete the cert. My reply was "that's so sad." The recruiter found me here on NotRot, BTW.

I was sent a sign up pkg. and CO for my signing and I could not believe it when I saw these words on the CO. "The acknowledge page of the mortgage must be filled out in it's entirety. Please make sure the county, date, borrower's name in full as vested, and Notarizations are properly completed."

I am amazed at the new Notaries out there that insist they are professionals, yet can not complete the main function of their job correctly.

Reply by Sylvia_FL on 4/13/05 10:13pm
Msg #31649

Becca
Sad to say but it is not just new notaries, in classes I have had notaries that have been notaries for many years, and didn't know how to fill out a certificate properly. When they got their commissions they didn't have to take the class that is now required, and so they were never taught how to fill out a certificate. And because they had been doing it so long and no-one had said anything they figured they were doing it OK.

Reply by Marie-fl on 4/13/05 10:13pm
Msg #31650

Sylvia,

Thank you.

Reply by Sylvia_FL on 4/13/05 10:17pm
Msg #31652

You are welcome Marie - and I know you are going to be filling out those certificates correctly from now on

Check out:
http://members2.boardhost.com/FLSigningAgent/

This is a message board for Florida signing agents, and I will be posting tips for Florida notaries now and then.

Reply by Marie-fl on 4/13/05 10:41pm
Msg #31668

Hi Sylvia,

I appreciate the additional information.

Do other states differ much in their requirements of what's on a Notary Certificate? Sure wish the mortgage industry would word the certificates so the notary doesn't have to spend their time correcting missing points. Wishful thinking!

Thanks again,
Marie

Reply by Sylvia_FL on 4/14/05 12:15am
Msg #31680

I think Florida requires more than most other states from what I have seen.

Reply by Bobbi in CT on 4/14/05 10:15am
Msg #31736

Still the #1 Florida "weird and strange" thing ...

... and at least one fourth of the notary certificates that cross my desk that are completed by a Florida notary have either or both the signer's drivers license number and social security number (written after "ss.") written in the acknowledgment block.

Not a good thing when the document is being recorded on the PUBLIC land records.

Reply by PAW_Fl on 4/14/05 1:22pm
Msg #31778

Re: Still the #1 Florida "weird and strange" thing ...

Only a fourth? Sheesh, I thought it would be higher. Florida used to require both SSN and DL number on deeds and mortgages. However, when imaging of the documents and the ease of access caused all kinds of commotion, the state dropped the requirement. But there are a lot of companies that still have it in their procedures and policies that the closer include them on the docs. Since the requirement isn't there, the "SSN:" after the borrowers names no longer appears, so the notary assumes the SS is where the SSN goes. I've even seen title companies prepare the docs with the SSN's typed in after the SS in the venue.

I am continually astounded at the lack of education of Florida notaries in general. And we have a mandatory 3 hour training course!!! (You can take it on line, and there is no test!)

Reply by Sylvia_FL on 4/14/05 3:25pm
Msg #31803

Re: Still the #1 Florida "weird and strange" thing ...

Bobbi
Funny you should mention that. A lender (I think it was Centex) had printed the borrowers social security number next to the SS on the certificate on loan papers I had less than a week ago.