Posted by Merry_CA on 7/6/05 4:28pm
Msg #50094

Duplicate ACK?

SS called me to tell me that the TC for a loan signing I did last week says that my stamp is not a clear image so they want me to sign and stamp a new ack with same date as original signing and of course the borrower's name and fax it to the SS and FedX the original to the TC. I knew as soon as I heard the request that something didn't smell right. So I called the SOS and sure enough the agent I spoke with just kept repeating to me "what does the ack say about the signer?" answer of course: "personally appeared". She was great... just wanted me to remember back to basic notary rules and do what I know is correct. Called the SS back to tell her what the SOS told me and SS says "well that's just wrong!" OK ;) I gave her the SOS # and she is going to call to hash ir out with them! I will call the borrower and go to her house and get a new ack signed (the correct way!).

Reply by BrendaTx on 7/6/05 4:49pm
Msg #50101

Re: Duplicate ACK? - I love it.

Reply by AngelinaAZ on 7/6/05 4:54pm
Msg #50103

Check your state law but I can redo an ACK if there was a problem with the stamp. It is true and correct that the signer personally appeared in front of you and signed that document on the previous date (as indicated by your journal). If they need this done, they need to send you the document that the signer signed with the improper ack... you can do another one and attach it and send it back. You don't have to go back to the signer, but you HAVE TO HAVE THE ORIGINAL SIGNED DOCUMENT and ATTACH THE REPLACEMENT ACK YOURSELF... you can't just send a miscellaneous loose ack.

I hope I am being clear... YOU must attach it to the document and the dates are legal to be the original date of the signing...(that's when they sat in front of you).

Reply by BrendaTX on 7/6/05 5:01pm
Msg #50108

A,

I feel like Merry calling the SOS was pretty much final for her purpose...but I hear what you are saying. It's always good to see this one discussed. I have not run into this one and I find it really crazy that it happens so much.

My SOS would have responded like Merry's...on Mondays...then on a Thursday, it might be different. (j/k )

Reply by AngelinaAZ on 7/6/05 5:09pm
Msg #50117

I believe that CA law is the same on this??? I see that she is returning to the borrowers.. which would mean that the new doc would be signed and notarized with the present date. This could cause some problems and depending on the document... it may not be the best idea!

Reply by sue on 7/6/05 6:00pm
Msg #50132

a new document doesn't need to be signed when it's an acknowledgement. the signers must just acknowledge to you that it's their signature. In my state, PA, a new ack would be required with the current date. Sending acks to 'fix' things isn't permissible here.

Reply by Larry/CA on 7/6/05 6:12pm
Msg #50136

It isn't permissible in California either.

Reply by AngelinaAZ on 7/6/05 6:22pm
Msg #50141

CA LAW regarding replacement

I knew I had seen this before in reference to CA. Read the question in post 38864 and the answers. CaliNotary and CATitleGal specifically address it (they are both in CA right?) Sylvia has a great reply as well.

Reply by AngelinaAZ on 7/6/05 8:06pm
Msg #50153

Is this where the discussion ends????

I know that she asked the SOS but their answer was ambiguous at best. I could interpret it more than one way... "appeared before me".... well they appeared before me on the previous date and signed the document. I don't think the question has been answered. I am curious if she should go to the borrowers again, have them acknowledge the signature and then notarize with the current date... OR ...if she should ask for the document back, complete another acknowlegement with the date they 'already appeared before her and signed the document'... attach it and send it back?

I always thought it was option number 2 for Arizona and California????

Am I out to lunch? If I am... thank goodness I've never had this happen!!!

Reply by BrendaTx on 7/6/05 8:29pm
Msg #50155

Re: Is this where the discussion ends????

I'm going to motor over to #38864 and read that thread...and, yes...that's what I'm saying...glad it's not happened to me either.

Reply by BrendaTX on 7/6/05 8:48pm
Msg #50161

Re: Is this where the discussion ends????

Okay. I read it. My decision is that each of us should refer to our handbook and that's as much info as we can say.

My rules say that I cannot make the notarization without the person being in front of me - re-do is not mentioned therefore will not be considered under the circumstance. Must go back to the borrower.

I cannot complete a certificate without a document, so that requires the document's return.

Finally, my rules say that the ack is dated on the date that the person appeared, so that answers that. New ack/new date.

I believe while the lender *might* have a problem with the date in differences, it would still be recorded with no problem. But that's not within my realm of notarial duties so that would be out of my hands.

MORAL of the story - do a nice stamp the first time or it can turn into a big mess. But, for Merry, I'd ask to see the ack if for no other reason but to learn what was not acceptable. Not laying blame on her...curious for my own sake.

Reply by BrendaTX on 7/6/05 5:16pm
Msg #50118

Re: Duplicate ACK? - Merry...did you ask them

to fax you the ack so you could see the seal? Now, I'm not asking that to infer they have lied, I'd just like for you to fax it to me so I can see what's unacceptible to them.

I read about too dark, too light, bleeding through...etc. and I want to see what's unacceptable. Maybe even keep it for posterity.

Reply by DmartzIN on 7/6/05 5:22pm
Msg #50121

Re: OFF Subject TO Brenda

Brenda,
I did have to go have a new note signed not to long ago as they said it was printed to light, i have done 200 pkgs with this new printer and never had any complaints about docs being to light. They overnighted a new Note to me to have signed

Reply by BrendaTX on 7/6/05 5:24pm
Msg #50122

Re: OFF Subject TO Brenda

Do you think they get lost? Or, do you think that some companies are just pickier than others?

Reply by Dmartz_IN on 7/6/05 5:28pm
Msg #50123

Re: OFF Subject TO Brenda

I wondered that myself, they paid me to go out again so there wasn't any problem with a fee or anything. I also moved my printer from normal to a little darker.