Posted by jojo_MN on 12/20/05 4:19am
Msg #83546

Using stamp as signature

I recently did a signing for a couple where the husband is handicapped. He used to head a corporation so he had a signature stamp made with his signature for his secretary to use while he was away.

A few years ago he had a stroke and is confined to a wheel chair and cannot write legibly. He can print his initials. Since the stroke, he uses his stamp to sign documents, then initials the document next to the stamp. It is a very long process when the documents are 100+ pages.

I got a call back from the title company that the signatures cannot be accepted without a written statement from his doctor or a lawyer. Am I right in assuming that I am notarizing that he personally put his "X" on the paper and I verified that he is the signer? I mentioned this to the TC and was told they would get back to me.

Did I handle this correctly? The TC was closed at the time of the signing with no after hours #'s available. TIA

Reply by ReneeK_MI on 12/20/05 5:36am
Msg #83548

What does MN say in respective statutes regarding this? I'm interested in hearing the outcome, so keep us posted.

My thought is that the stamp won't be accepted - for one thing, he was physically capable of making a mark (and did); had he used his initialing to represent his "mark", and docs were done consistantly & appropriately in that manner (signature by "mark"), would have been 'cleaner' than adding in the signature stamp.

I went through the MI statutes and find nothing relative to using a stamp, not even if signer is incapable of making a mark.

Reply by PAW_Fl on 12/20/05 8:17am
Msg #83571

I had a very similar experience here in FL, except that the signer couldn't even make a mark. The lender and title company was aware that the signer would be using a signature facsimile stamp and offered no additional instructions. I called our SOS office and was told that whatever the signer uses "consistently and states that it his signature," then that would be his acceptable signature. Even his driver's license and other ID cards bore his stamped signature.

Anyway, after completing the signing, with no additional notes other than a note to the lender that the signer used a facsimile stamp, I get a call from the lender stating that the signing was unacceptable because the signer used a stamp. HUH??? I was told that the signer would be signing by a stamp so why are they surprised? Anyway, the made two witnesses from the local title office come with me and redo the signing. Again, no special acknowledgments (such as those required for signing by mark) were done. The lender had a document that the two witnesses had to sign (and I notarized) stating they watched the signing and the person using the stamp was in fact the person identified on the documents. Well, gee whiz, isn't that what a Notary Public does?

I suggest you contact the title company and/or lender to determine what they want. Also, you may need to contact your state's notary office (SOS) to determine if there is anything special you need to do.

Reply by jojo_MN on 12/20/05 10:10am
Msg #83629

Thank you for your replies...

...I just checked with the Register of Deeds in the county it will be filed (in WI). I was told that as long as I watched him stamp it and initial it, that it is perfectly legal and they will accept it. I was also told that there are quite a few corporations that have their secretaries just affix the stamp of the corp. exec. and they also accept those (without initials).

Reply by Signing_Doc on 12/20/05 10:44am
Msg #83637

re stamps

Nevada recently passed a law this year allowing the disabled to use a stamp to 'sign' papers if they are unable to. I have never had this problem, but you all may want to check with your local regulations. Chag Sameach to all and to all a good night!

Reply by MelissaCT on 11/15/06 10:18am
Msg #160243

Oregon addresses this issue specifically (just interesting)

found while researching something else...

From Oregon Statutes:

194.578
Use of signature stamp by person who is blind or who has disability; rules. (1) As used in this section, “blind person” and “visually impaired individual” have the meanings given those terms in ORS 346.110.
(2) Notwithstanding any provision of ORS 194.005 to 194.200 or ORS 194.505 to 194.595:
(a) A blind person, a visually impaired individual or a person with a disability who is unable to sign any document because of the disability may use a signature stamp whenever the signature of the person is required on any document presented for notarization;
(b) In performing any notarial act involving the signature of a person described in paragraph (a) of this subsection, a notarial officer, in the manner prescribed by the Secretary of State by rule, shall witness the use of the signature stamp and accept the stamp in lieu of the signature of the person; and
(c) The notarial certificate of an act signed with a signature stamp shall contain the phrase “signed by stamp before me” or words to that effect. [1999 c.333 §2]