Posted by Amanda-VA on 3/30/05 3:11pm
Msg #28593

Notarize the note?

I got a message saying that I forgot to notarize the note...I've done hundreds of signings and have never notarized the note. I mean I see the deed-that even has a notary section on it. Is this a law or something I've overlooked. They said its required in Virginia.

Reply by EP_VA on 3/30/05 3:21pm
Msg #28599

I have never notarized a Note. Is this something new?

Reply by Amanda-VA on 3/30/05 3:22pm
Msg #28601

I think its crazy...I told them to send me somethin in writing about this law before I send them an ack. letter.

Reply by Stephen_VA on 3/30/05 3:50pm
Msg #28605

Well.. to a degree, the question is really:

1. Did they request in some way that you notarize it?

If they did not, then you need to know if it is a VA law... which considering I have only notarized 1 of them, I don't think it is. If it is not a law, and they gave you no indication, then they need to be informed that if they have special rules that you have to be directed to do them. If it is a law, then even if they did not give you direction you probably should make yourself aware of the law (which I don't think it is) and offer to fix it for free. The other option is that you missed their indication to notarize it.

I *have* seen notes with notarial wording. It is not my job to determine what needs to be notarized though. I *can* however know enough to call them and say "Hey this is *always* notarized, are you sure you don't want it." Imagine if you got an RTC with no signature line.. wouldn't you ask someone about it?

Reply by MsRobbo on 3/30/05 5:38pm
Msg #28644

I notarize in PA and very few companies ask for the note to notarized, but some lenders do. If the company wanted it notarized ,they should have the area for your signature and seal clearly printed or the closing instructions may have indicated that you need to attach an acknowledgement.

Reply by PAW_Fl on 3/30/05 6:13pm
Msg #28653

Every VA property that I have signed, had a notarization block on the note. You don't need to be told "it's the law". If there's a notarization section, you notarize it.

The document author, custodian or owner determines if the signatures on a document need to be notarized. If they choose to have them notarized, they need to be notarized. Period.

Reply by Amanda-VA on 3/30/05 8:35pm
Msg #28696

Thanks for the helpful responses. Someone needs to chill out, I simply asked a question. PERIOD. There was NOT a notary line on this note. Its not a matter me fixing it at my expense, they gave me their FedEx account #. I'm just trying to find out more about this law. So once again, Thanks

Reply by Stephen_VA on 3/30/05 9:28pm
Msg #28706

It seems you may be referring to my post, when you say people "need to chill out". I apologize if I was trying to cover too many options in a single post. However, bear in mind that your responsibility is to notarize what they ask you to, but being good at something means you know at least enough to know when something is amiss, which is what I was trying to cover.

Reply by Stephen_VA on 3/30/05 9:40pm
Msg #28715

Paw, lets assume that it *is* a law in Virginia. Are you not of the opinion that an NSA should be aware of this law and be able to call a lender and say "Hey bozo, do you want this Note notarized?"

I agree we can't make these decisions ourselves, but nothing can bar us from being knoweledgeable enough to know we need to ask to be told.

Reply by Stephen_VA on 3/30/05 9:56pm
Msg #28718

Looked at packages.. In fact I notarized all Notes

So anyway, that is that.

Reply by Carrie in VA on 3/31/05 8:53am
Msg #28797

Re: Looked at packages.. In fact I notarized all Notes

Did the notes that your notarize have a notary section on them?

Reply by Stephen_VA on 3/31/05 10:00am
Msg #28811

Re: Looked at packages.. In fact I notarized all Notes

Yes. I was not referring to every package I had done. Just the ones I had one hand. I wouldn't notarize it without it being indicated it needed to be, or being directed by someone to do so.

Reply by PAW_Fl on 3/30/05 11:45pm
Msg #28748

I certainly agree that you should be aware of any and all laws that pertain to any and all aspects of our job. I didn't mean to imply that we shouldn't be. However, when it comes to notarizing any document, even if the law says that something should be notarized, in our position we cannot simply add the notarization to a document. We, as notaries, must be directed to do so, otherwise it may be construed as UPL. My point was that if we are not directed to notarize (viz a vie, no certificate), then we don't notarize. If we are directed to notarize (presence of a certificate) then we do notarize. That is the only direction a notary public can take.

I do hope that notaries question things to the authors, custodians and signers of documents when they are knowledgeable about certain needs and requirements. But in doing so, you walk a very narrow line in the thin gray area between knowledge/understanding and UPL.