Posted by N_VA_Notary on 1/3/05 4:43pm
Msg #15326

All Purpose Acknowledgement with Tracking #

Hello there!

Could anyone pls. help me out with what is an All Purpose Acknowledgement with Tracking #? I did a signing and they asked for this document. I faxed it to them and now they are asking for a tracking # which I have no clue. Any and every help would be greatly appreciated.

Reply by thnotary_NY on 1/3/05 4:50pm
Msg #15327

This signing, did u have to send completed docs. back to someone.? If u did, did they give u an account # for FedX or UPS etc.?

Reply by CaliNotary on 1/3/05 5:17pm
Msg #15332

A faxed copy of an acknowledgement is worthless, they need the original for the document to be properly notarized.

Do you even know why you're sending the acknowledgement? I'm assuming it's due to a mistake you made but have you actually seen the document that they're saying you didn't notarize properly? You shouldn't be sending out loose acknowledgements by themselves, you have no idea what they're going to attach it to. At the VERY least you should make them fax you the document they're referring to. Having them overnight it to you and attaching the acknowledgement yourself is preferable, and you should pick up the costs of that if it was your mistake.

The tracking number they're referring to is the one on the Fed Ex/UPS package they're expecting with the actual acknowledgement.

If I'm reading your post correctly, it seems to me that you thought a faxed acknowledgement would be enough to notarize a document? If that's the case, you really shouldn't be doing any loan signings because you obviously don't understand notary law nearly enough to be doing this job. If that's not what you meant then that doesn't apply, but that's how I'm interpreting your statement.

Reply by Stephanie/CA on 1/3/05 5:54pm
Msg #15335

Perhaps she was following "faxback" requirements for a Signing Service.

Reply by unknown on 1/3/05 5:51pm
Msg #15334

If you have a question as to what they what , why don't you call the signing company and get the correct answer.??

Reply by unknowntoo! on 1/3/05 5:58pm
Msg #15336

Great idea

Reply by BrendaTX on 1/3/05 6:49pm
Msg #15339

>>All Purpose Acknowledgement with Tracking #? <<

All purpose acknowledgment: Notarial Certificate of Acknowledgment

Tracking # - From when return a package via FEDEX or UPS.

Reply by N_VA_Notary on 1/3/05 8:06pm
Msg #15346

Thank you all for your help. Yes I know that I made a mistake. I actually scratched a date on deed of trust and that is why I had to send them an all purpose acknowledgement. But the thing is this is applicable only in California. And its true too that I thought that the faxed copy is enough. Well anyays. I believe thats how you learn. Thanks alot again. I really appreciate all the feed back.

Reply by Tom on 1/3/05 8:24pm
Msg #15349

Am I the only one who finds this post kind of scarey?

Reply by CaliNotary on 1/3/05 8:43pm
Msg #15350

No, you're not.

What's really scary is what's included in the response: "Well anyays. I believe thats how you learn". Why bother to learn notary law beforehand when you can just learn it on the job? And if it screws up somebody's loan, oh well, not their fault, they're still learning. And god forbid we call them on it because we were new once too!

I thought I was pretty shockproof after reading this group over the past year, but I have to say that I'm just flabbergasted that there is a notary out there, doing loan signings, who thinks that a faxed copy of an all purpose acknowledgement is acceptable to notarize a deed of trust.

There is just no excuse for this type of stuff. None.

Reply by Jon on 1/3/05 9:39pm
Msg #15356

I'm so scared I almost can't post.

Reply by N_VA_Notary on 1/4/05 9:53am
Msg #15391

Hi All

I know its scary as its all legal stuff. But here's another thing. We don't have any such law for VA. This is only limited to CA. So please guide me where did I go wrong?

Thanks

Reply by N_VA_Notary on 1/4/05 10:03am
Msg #15393

Also I did not get paid for almost 6 of my assignments? I know thats a different issue but it falls under same category? Isn't that scary too? They call you @ 8 o'clock at night and ask you to go for a signing @ 10 PM. And once thats done they just vanish. Can anyopne pls. shed some light here too ?

Reply by PAW Notary Services on 1/4/05 10:05am
Msg #15394

According to the VA Notary Handbook (http://www.commonwealth.virginia.gov/Notary/notaryHB2003.pdf) there are some points that you need to be made aware of:

A notarial act requires the original signature of the notary. Signature stamps and other facsimiles or photocopies do not satisfy this requirement.

A notary shall exercise reasonable care in the performance of his duties generally. He shall exercise a high degree of care in ascertaining the identity of any person whose identity is the subject of a notarial act. Unless such person is known by the notary, identity shall be ascertained by examination of one or more of the following documents: A United States Passport, a certificate of United States citizenship, a certificate of naturalization, an unexpired foreign passport, an alien registration card with photograph, a state-issued driver’s license, or a state-issued identification card or a United States military card. (1980, C. 580; 2002, c. 379

Section 55-118.3 What person taking acknowledgment shall certify (1) The person acknowledging appeared before him and acknowledged he executed the instrument; and (2) The person acknowledging was known to the person taking the acknowledgment or that the person taking the acknowledgement had satisfactory evidence that the person acknowledging was the person described in and who executed the instrument. (1970, c. 719)

Most states and commonwealths have laws about validity of acts, including the "presence" requirement of the signer and the originality of the notary signature/seal.

Reply by N_VA_Notary on 1/4/05 10:25am
Msg #15395

I had my signature on the faxed document as well as my seal and stamp. Besides I also satisfied the requirement for the "presence" of the signer. Am I still liable for anything here?

Reply by Nicole_NCali on 1/4/05 11:15am
Msg #15399

What you are missing is that the seal and signature must be the original and you must verify that you are notarizing what you are notarizing. Most county recorders will kick back what they consider a xeroxed copy. Trust me, I send abstracts of judgment to the county recorder all the time and if the seal on the judgment is smeared or the signature does not appear to correct it is kicked back. It already takes 30 days for this stuff to be recorded (alameda county) so to not put the original seal and signature can push this back about 45 days. To acknowledge what you have signed is required by California Law. Each notarial act is subject to subpoena by the signer or the SOS.

Cover you butt, read your handbook and understand that these acts are part of public record. You are not just affecting the loan, you are affecting the recordation of the docs in the county and the borrower who can sue you for wrongly notarizing a document.

I am not trying to come down harsh on you, but I work with people everyday who have no idea of the ramifications of their actions.

Reply by CaliNotary on 1/4/05 3:50pm
Msg #15419

Are you really having this much trouble understanding the difference between the need for an original and a faxed document? If common sense doesn't tell you that a faxed copy isn't going to satisfy the legal requirements, I have a feeling you're in the wrong line of business.