Posted by Victoria/FL on 2/7/05 8:57am
Msg #19605
Business Records Affidavit - Blank Space?
Help - I need some advice! I have a Business Records Affidavit to notarize later today. I've never done one before, but its pretty standard. There is one line that the client is asking me to keep blank, it says, "attached to this affidavit are ____ pages of records..." They are indicating that "their" client has not received the records yet and that is why this area is left blank.
I can either leave it blank (with the client filling in the number once they recieve the records), or the alternative is to count of the pages with the affiant and have the affiant enter the number. Apparently this is the third or fourth attempt to get this affidavit notarized correctly and they are really particular that it gets done correctly.
So....what is everyone's thoughts. Leave it blank or insist that the affiant complete the blank space. Thanks for your help.
| Reply by PAW_Fl on 2/7/05 9:44am
Msg #19611
If this is an affidavit to which the signer is swearing that the contents are valid, then the number of pages must be filled in as well as the attachment attached. How else could the affiant swear to the accuracy of the information if it is not there?
The affiant could assume that 10 pages are being attached and the recipient attaches 20 pages of something the affiant has no knowledge of.
Think of it this way. Would you sign a statement saying that the income verification form being submitted is accurate, and let the recipient add the form without you knowing what it says?
| Reply by PAW_Fl on 2/7/05 9:46am
Msg #19612
Further ... the law specifies ...
| Reply by PAW_Fl on 2/7/05 9:51am
Msg #19613
Re: Further ... the law specifies ... (oops)
Florida Statutes Section 117.107(10)
A notary public may not notarize a signature on a document if the document is incomplete or blank.
Documents cannot be notarized without the all blanks being filled in. And, without all attachments and riders, the document is considered incomplete.
Exception, as stated in the statutes:
However, an endorsement or assignment in blank of a negotiable or nonnegotiable note and the assignment in blank of any instrument given as security for such note is not deemed incomplete.
| Reply by BrendaTX on 2/7/05 12:37pm
Msg #19625
Warning: Business Records/Medical Records Work
***So....what is everyone's thoughts. Leave it blank or insist that the affiant complete the blank space. Thanks for your help.***
Victoria:
The next thing you are going to hear from your hiring company may be:
ALL NOTARIES DO THIS. You are the first we have had a problem from.
DO NOT let ANYONE tell you that notaries do this anything ALL THE TIME. IF they do, they are bullying you. A red flag should go up.
(Is this NOTR? MEDIA MONTAGE?) Why they want to leave this blank is beyond me. There is no ethical purpose for it. BUT, they will tell you ANYTHING to accomplish this.
And, in this instance the documents are going to go before a court of law...and to me
this seems like the fastest route a notary can take to bring a poor practice in front of those
who could get a commission revoked.
In lending work, we will only have our notary work looked at IF another problem arises. In BUS. RECORDS/MED RECORD AFFIDAVIT work, you are 90% sure the work WILL be reviewed by lawyers and others who may or may not file the papers with the court.
This is very unethical, poor notary procedure, and the scary thing is that some companies are GETTING NOTARIES TO GO ALONG WITH THIS!!!
The affidavit you are notarizing is a testimony of sorts. A person cannot swear or affirm what they leave blank in number of pages in any state.
Alright, everyone yell at me for UPL...whatever...the companies that request this be done are playing notaries for fools. They want you to jump through hoops.
YOUR BEST BET:
If you want to do this kind of work, take it directly from lawyers or litigation support firms. They'll eventually find you.
I don't take these assignments from "notary signing services" any more. I have to fight this fight every time and it is just not worth it.
| Reply by MM Notary Division Media Montage on 3/9/05 10:18pm
Msg #24642
Re: Warning: Business Records/Medical Records Work
Brenda,
Please tell me you don't think this of Media Montage! We would never ask our notaries to leave spaces blank. You should know that! I feel terrible that you would have that opinion of us...I hope I can improve your opinion. I'm actually putting together a welcome package for you to mail out next week. I think it'll help. Anyway, talk to you later!
Tara Ballard
Media Montage, Owner
www.media-montage.com
| Reply by Victoria/Fl on 2/7/05 2:11pm
Msg #19642
Thank you for your input
Thank you for responding, I was curious as to everyone's opinion on this. As you could probably tell, I was uncomfortable completing an affidavit with blank spaces AND not attaching the documents in question. All worked out...all blanks completed and pages attached. Thanks!
| Reply by MM Notary Division Media Montage on 3/9/05 10:08pm
Msg #24639
Re: Thank you for your input
Hi everyone! I just wanted to comment and say that we never ask our notaries to leave any spaces on our affidavits blank. Notaries are never to leave any blank spaces on any document. I have worked with companies who do ask this of us, but they have been told that our company won't ask that of our notaries due to it being against our legal guidelines. Since I work with these companies, I can give you an explanation as to why a notary may be asked to leave the blanks blank is only to avoid having to pay the notary service to pay the notary a second time to go back out to the facility and redo the whole process just to sign an affidavit that is pre-filled with the correct information. The correct information is derived from the information contained in the documents that they have received from that facility. Unfortunately, some records companies don't really know what information goes in these spaces - even if the records are sitting right in front of them. People get lost in the wording sometimes I think. Nevertheless, records companies want to avoid this due to the simple fact that it is going to cost them more money correcting these mistakes than if they could have a document notarized without the blanks being filled. I'm not saying it's okay, or ethical. All I'm telling you is the explanation in a nutshell.
Anyway, I had read our name mentioned implying that we are a company who would ask our notaries to do something that isn't in the rule book. I don't want to be associated with that type of behavior and I hope that no one out there has a bad impression of our company. Brenda works with us sometimes and I hope that she doesn't really feel that way about Media Montage. We love you Brenda!!!
Thanks for hearing me out and keep up the good work out there - everybody!
Sincere regards,
Tara Ballard
Media Montage, Owner
www.media-montage.com
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