Posted by Anonymous on 4/20/05 11:57am
Msg #32875

when mistakes are made/CA

this hasn't happened to me but I was filling out a registration for a ss and this is what it said.

"When you fail to notarize a document properly, you will at your expense be asked to complete an All Purpose Acknowledgment. It is that you review your documents before shipping them back to the lender after (ss name) has called and approved the release of the documents."

Then further on it says...

"Fax the RTC and all notarized document to (ss name, and #) and do not send your documents back until someone at (ss name) calls and tells you to do so."

ok so here's what I'm thinking...
1. be flawless in my duties
2. if a mistake is made I should see it first, do an all purpose ack and attach it if needed
3. if I don't catch the mistake and they do I go back and do an all purpose ack.

but if niether of us catches it and the docs are shipped in isn't the proper procedure that the ss should e-doc me the doc and I take it to the borrower and redo the notarization properly. I can't just fill out an all purpose ack and send it to the ss because I have to attach it to the doc.

I think I'm just verbalizing this but I would like your thoughts. Also I do not plan on this ever happening, but it would be wise to understand the correct way of dealing with it.

Reply by CaliNotary on 4/20/05 12:17pm
Msg #32882

I wouldn't register with that SS. I can understand their point of view since there are so many notaries out there who don't even know how to notarize properly, but I have better things to do with my time than fax back every notarized page and wait for approval to return the package.

Reply by CarolynCO on 4/20/05 9:00pm
Msg #33012

I have a couple of SSs that required me faxing back a few, some or all of the notarized pages after the *initial* signing. After doing it for them once, I'm not requried to faxback anymore.

Reply by SamIam_CA on 4/20/05 12:18pm
Msg #32883

What do you mean by "2. if a mistake is made I should see it first, do an all purpose ack and attach it if needed"?
You can attach an acknowledgment for only certain things - for example if your stamp is smeared.

What kind of acknowledgment do you think you can use if the mistake is forgetting to have the borrower sign their names all the different ways typed on somthing like the AKA name jurat? In this case you would have to "ask the ss to e-doc you the doc and take it to the borrower and redo the notarization properly."

Reply by Anonymous on 4/20/05 12:29pm
Msg #32886

oops maybe I should have said "if it applies to the situation". Which is one of the few reasons I questioned it. Some docs would have to be redone, and some would be ok to do a loose ack and attach. But I'm thinking it is better to do the redo because we are not to just send them a loose ack and have them attach it. We are to do the attaching when a loose ack is needed.

Reply by SamIam_CA on 4/20/05 12:50pm
Msg #32888

Hopefully, you will go thru the docs at the borrower's house b4 you leave. Then instead of attaching an ack. you could fix any mistakes by using the borrowers clean copy.

To be clear - you should never, ever, never, send a stamped and signed acknowledgment to anyone regardless of what they tell you. They could fill it in and staple it to anything and it will be your commission on the line. You must attach the acknowledgment to the original papers.

Reply by Anonymous on 4/20/05 1:18pm
Msg #32895

That's exactly the way I understand it. And yet these ss are instructing us to to what we are not allowed to do. Can anyone say "unethical"? If they are willing to do that then who knows what else they would do with a loose ack. I'm chucking out this registration form as soon as I hit enter.

Reply by RP_CA on 4/20/05 12:58pm
Msg #32891

I recently had a signing that included two loose all purpose acknowledgements. First, I couldn't figure out what document they belonged to. Then I thought they must've accidentally put it in here or put it in the package just in case of a mess up.

I called to inquire to make sure and I was told that they always have their notaries fill out two blank all-purpose acknowledgements in case something wasn't done correctly and that way they don't have to re-file which takes time. I told her I could not fill out a blank all-purpose without attaching it to something. Her response, "Most notaries don't have any problem doing this."

I couldn't believe it. I told her I was not comfortable doing so and she would not need it with me, and she quickly backed down and said I didn't have to if I was uncomfortable.

Reply by BrendaTX on 4/20/05 1:09pm
Msg #32893

Hoorah for you RP! n/m

Reply by CaliNotary on 4/20/05 1:22pm
Msg #32896

I agree, good for you. Next time you might want to replace "not comfortable" with "it is illegal" which hammers the point across a little more firmly IMO.

Reply by RP_CA on 4/20/05 11:37pm
Msg #33041

Thx, Brenda and Cali. My first response actually was "I can't do that. It's illegal." To that she responded with the most notaries don't have a problem with it and then said that it would stay in that specific loan's file and not be used unless necessary. When I still wasn't biting, she made the "if you're uncomfortable with it, you don't have to" comment.

Jon, thx for your view on this. That really sucks that there are notaries out there that would do this for the steady work. It makes notaries who obey the law and take their job seriously seem like party-poopers. Even if you didn't know it was illegal, wouldn't you wonder how to record it in your book if you don't know what you're notarizing?

Reply by ERNA_CA on 4/20/05 2:13pm
Msg #32915

"Most notaries don't have any problem doing this"
Now I have a hard time believing that. They are just trying to push it as far as they can to cover them selfs. They are asking you to risk your commission by braking the law.

Reply by Jon on 4/20/05 5:11pm
Msg #32959

I disagree, Erna. When I worked for a SS, we had several notaries that would include extra blank acks without ever being asked. I had to review all those faxbacks, and when I would call a notary to correct any problems, they would many times tell me that they already sent the package and includded extras "just in case". I think that many of the notaries who get into this business looking for the quick buck are more than willing to do whatever is requested so they can make more money. They either don't know the law, or just don't care. They are letting the SS's take advantage of them becuase they are unwilling to learn their state laws.