Posted by VA_Notary on 6/14/05 2:32pm
Msg #44592

Quick Question

On Borrower's Compliance Agreement the wording goes like "This instrument was acknowledged before me on June 14 2005 by ABCDE and WXYZ in the rare case of Corporation or Trustee it will continue in my capacity of _____________ for _____________"

Another doc Owner's Affidavit and Indemnification Agreement says: "On the 14th day if June in the year 2005 before me personally came ABCD and WXYZ to me known to be the individual described in and who executed the foregoing instrument and acknoeledgement that ________________________________executed the same."


What am I suppose to fill in?

A quick response is highly apprecited.

Reply by TN NOtary on 6/14/05 2:48pm
Msg #44602

They, he, she

Reply by VA_Notary on 6/14/05 2:55pm
Msg #44606

Thanks but that fills in the indemnification agreement ...what about the compliance agreement? "...in my capacity of _________for __________"

Reply by Dogmonger, Ca on 6/14/05 3:07pm
Msg #44608

I am a California Notary

And as such we are not allowed to notarize capacity. In my humble opinion that would be the function if the blanks were filled in, President, ABC company. Check your states handbook and find out what the law is in your state. Perhaps some other VA notaries may be able to help. But tread lightly, until you have your answer

Reply by Stephen_VA on 6/14/05 4:03pm
Msg #44619

Re: I am a California Notary

That blank is not the notary block, so you aren't notarizing capacity. It is just a blank in the doc.

As far as I know, it is unused unless the person is a corporation, which is what the wording says.

Reply by Dogmonger, Ca on 6/14/05 4:18pm
Msg #44622

I was afraid that they had left off part of the statement

as it clearly stated the person acknowled. I defer to anyone with specific VA knowledge, just cautioning the signer on state specific rules regarding capacity:-)

Reply by Stephen_VA on 6/14/05 6:39pm
Msg #44651

It is a distinction of terminology

That wording is similar to the California wording that says "acknowledged to me the... executed the same... in his/her/their authorized capacities" The difference is that in this case the format wants the Title and Company Name. The notary is *not* being asked to certify or speak for the capacity of the signer only to list what the signer has CLAIMED.

IANAL, thats my interpretation.

Reply by anonymous on 6/14/05 9:51pm
Msg #44689

Re: I was afraid that they had left off part of the statement

I have a question for you, can you e-mail me your e-mail address?

[e-mail address]

Reply by Dogmonger, Ca on 6/15/05 12:10am
Msg #44739

Re: I was afraid that they had left off part of the statement

[e-mail address] if you wish to reach me

Reply by Stephen_VA on 6/14/05 4:07pm
Msg #44620

Ignore that unless they are corporation then it would be "President of XYZ Corp." Also, filling in those blanks is neither, IMO, UPL or notarizing capacity, since it is not the notarial certificate nor is it anything which requires legal training to figure out. That section is just blanks, which the person can fill out themselves with their title and corporation.

Reply by VA_Notary on 6/14/05 8:58pm
Msg #44685

Thanks everybody. I finally asked the title company and I was told to fill in as ...capacity of Notary for (Borrower name).

So something new to learn...

Thanks again!