Posted by Claudia-NJ on 3/14/05 9:41am
Msg #25339

Phone call this weekend

I receive a phone call this weekend from an individual who found my info off this site - he wanted me to notarize a POA where his parents where giving him POA. I asked a few questions and in process he let me know that his parents are not in the states (they live in India). I declined the signing because how can I verify that this was a valid POA - did his parents know that this was happening and how could I verify signatures, etc.

Was I right to do so? TIA for your input.

Reply by PAW_Fl on 3/14/05 10:08am
Msg #25345

Considering the fact that the parents are the principals of the POA and only the principals sign the POA, how would you be able to perform your notarial duty if the principals aren't there to acknowledge their signature?

Primary precept in notarizing signatures is PRESENCE. The parties signing the document must APPEAR BEFORE YOU.

Reply by Claudia-NJ on 3/14/05 10:20am
Msg #25348

This is why I told him that I could not do it. He proceeded to tell me that he had someone else scheduled to come out to do this but he had to re-schedule and the other person could not make it at the new time - which is what made me start to doubt myself - how can a notary say that he could or would be willing to notarize such a document?

He told me that his parents had already signed it and had sent it to him here in the US.

I was just confirming that I wasn't wrong in declining to notarize the document.

I did advise him that as far as I was concerned the only way that it could be done was if the parties appreared before me - since this could not happen I would not do it.

Reply by John_NorCal on 3/14/05 10:52am
Msg #25351

Hi Claudia,

You did right.. Goes to show that your gut feeling is usually right. As you are aware people can and will tell you anything to get you to do what they want. Maybe there was another notary called, maybe not. Maybe the other notary didn't question this guy like you evidently did.
This fellow should probably have his parents go to a local government official as appropriate, or better yet to a U.S. consulate to his their signatures acknowledged. That would probably be the best bet.
Good day to you!

Reply by CaliNotary on 3/14/05 11:32am
Msg #25354

"Goes to show that your gut feeling is usually right"

This isn't the type of situation that a notary should have to rely on their gut feeling. It should be screamingly obvious to *any* notary that they cannot notarize a document that was not signed in his presence and cannot be resigned in his presence.

Reply by Jon on 3/14/05 2:32pm
Msg #25392

In Ca, acknowledgements do not need to be signed in the presence of the notary, only jurats. The signers do however have to personally appear to be identified and acknowledge that they did indeed execute the document.

Reply by Dennis D Broadbooks on 3/14/05 5:17pm
Msg #25414

Golly Gee, Jon...

...I believe it's pretty basic Notary protocol that the signer of a document in an acknowledgment situation need not have signed in front of the Notary. Maybe somebody is not nearly quite as erudite as they love to think they are. Perhaps if they started at the beginning of the Notary Rotary message board & started reading they could attain at least a modicum of knowledge prior to being critical of "any" other posters.

Reply by CaliNotary on 3/14/05 5:59pm
Msg #25418

Re: Golly Gee, Jon...

Yes, I certainly have proven that I don't even have a modicum of knowledge as to what I'm doing. I humbly genuflect before notaryrotary and beg for mercy for the misleading and incomplete way I worded my post. I certainly should have added "and/or appearing in front of the notary". Let the stoning begin as I've always professed that I am nothing less than perfect!

I suppose the same thing could be said about your reading comprehension skills based on the utter load of incorrect crap you tried to attribute to me regarding my attitude toward Christians the other day. I guess we all could stand to be a little more erudite.

Reply by SL/CA on 3/14/05 6:11pm
Msg #25420

Re: Golly Gee, Jon...

Wow CaliNotary,
I don't think I have ever seen a "nice" thread from you. That doesn't make you sound like you know what you are doing, but that you are just RUDE and have nothing better to do than to look down upon people... I feel sorry for you and I hope no Newbie or Oldie ever feels like they are stupid because of something you said....But... with that said....God Bless you, and I hope some day you will learn the whole meaning of the phrase " if you can't say anything nice, don't say anything at all".... I think I may move on to another forum, to find more mature people and people who are all Truely interested in sharing information regarding Notaries.... Good Luck to all

Reply by Anonymous on 3/14/05 6:29pm
Msg #25425

Re: Golly Gee, Jon...

Don't go away, SL. We just all have to put up with his crap since it is a public forum. Most of us know what a pain in the butt he is. This, however, was priceless after all the venom he spews at most everyone here.

He doesn't seem to be, nor give a rip about being a nice person. He is most always rude. Just search his posts. They speak for themselves. Must suck to be him! (And no, that wasn't tongue in cheek!)

Reply by SL/CA on 3/14/05 8:01pm
Msg #25435

Re: Golly Gee, Jon...

Well Thanks !.. I really do enjoy this forum... (well most of the time) and you are right, I should learn to just ignore those few that are just here to be retards, or as Good Ol Spongebob would say, Goofey Goobers ;) I will hang out here .. since I do know the good out weighs the bad, by far... I however, have yet to get any business from being a premier member, but there again I live in CA and we are a dime a dozen... Maybe someday... Hope all is well for everyone.. Have a Great and Blessed Evening

Sherri

Reply by Cyndra_CA on 3/14/05 10:54pm
Msg #25457

Hey, SL

Sherri,

I'm in CA too. It's a tough field here. We get lots of crass competition like Cali who are damn afraid of competition. He has as much as said so in numerous posts. He's always telling new people to find another field or screaming how incompetent they are at their new career. He tried to squash me and others. It hasn't worked. By his postings you can see he has issues. He seems angry and is really rude to most of us. I'm doing well, inspite of my weak knees at my first signing. I have a good regular gig now. It will happen. Don't let anyone here screw with you. Remember, it's a business board, not a friendship board. Some even suggest giving incorrect answers to sabbotage other notaries. Pitiful.

I agree, don't go away! We can make this board better.

Reply by SL/CA on 3/14/05 11:09pm
Msg #25458

Re: Hey, SL

Thanks for your kind words... I am pretty new at this, and so far I am doign "ok" I have had about 45 signings since last July... but no regulars with title companies or anything... just Signing companies (unfortunetely) but I know it will happen.. I have really enjoyed it so far...and I agree about some people on this board, I can tell when they are just trying to sabatoge people... so sad, some people just need a life, huh... Thanks again, I wont go away, I will hang in there and just take the good with the bad... ....It is definetly a tough field here in California.. there are sooo many notaries doing the same thing we are, huh... I am still glad I started this it has been a pretty good extra income for me and my family.... Well good luck in all,. and God Bless !!

Reply by Cyndra_CA on 3/14/05 11:24pm
Msg #25460

Re: Hey, SL

Sounds to me like you're definately on your way! Good for you! Stay positive, honest and kind. Things will come to you. Glad to meet you. You take care!

Reply by CaliNotary on 3/15/05 2:15am
Msg #25475

Re: Golly Gee, Jon...

"as Good Ol Spongebob would say, Goofey Goobers"

Like I've said before, the world needs both Spongebobs and Squidwards. Now excuse me while I take my clarinet and clobber a few people in here with it!

Reply by CaliNotary on 3/14/05 9:43pm
Msg #25445

Re: Golly Gee, Jon...

I must be missing something here. What exactly is so rude about the message you're responding to?

Reply by Anonymous on 3/14/05 6:24pm
Msg #25424

Ha! Cali screwed that one up!

Gotta love it! I know I do!!!! Just goes to show you, he isn't the holy notary he thinks he is. I mean, come one, Cali... pretty basic stuff there, don't you think? Perhaps you should spend more time reading your manual!

Reply by Korey Humphreys on 3/14/05 9:21pm
Msg #25440

LMAO.........LMFAO.... n/m

Reply by Korey Humphreys on 3/14/05 9:31pm
Msg #25441

I'm not even going to speak LMAO n/m

Reply by SL/CA on 3/14/05 9:56pm
Msg #25447

That would be GREAT, Thanks a bunch ;)

Reply by Korey Humphreys on 3/14/05 10:28pm
Msg #25449

Aaahh... Funny LOL ;)

Reply by Cyndra_CA on 3/14/05 10:43pm
Msg #25454

Re: Aaahh... Funny LOL ;)

So CaliNotary says:

It should be screamingly obvious to *any* notary that they cannot notarize a document that was not signed in his presence and cannot be resigned in his presence.

Uhhhh.... WRONG!

But I'm sure you'll do well with your charming personality and willingness to learn.

Reply by Cyndra_CA on 3/14/05 10:37pm
Msg #25451

Re: Ha! Cali screwed that one up!

No way! After the scolding I got for asking a rookie question? Now I read that the
All Important CaliNotary, who knows everything and is self-designated to beat the hell out of anyone who asks for help, gave INCORRECT info on a very basic notorial question? Wowweee! I feel much better now. Guess he just isn't so damn perfect!

Listen up! No question is a stupid question. This should be the place to ask for clarity. If not, perhaps this board should be renamed to say, "If you need answers, don't come here. We're just here to BS. " No one really cares where you vacation or what your mom thinks of you.

Yes, there is a God. And she/he moves in mysterious ways!

Reply by CaliNotary on 3/15/05 2:32am
Msg #25476

Re: Ha! Cali screwed that one up!

"All Important CaliNotary, who knows everything and is self-designated to beat the hell out of anyone who asks for help, gave INCORRECT info on a very basic notorial question?"

If we want to get technical here, the original post didn't specify acknowledgement or jurat. So my info was not incorrect, it was incomplete. But if seeing my imperfect post could put a tingle in your panties like it apparently did, I'm glad to have been of assistance.

And I would like to think that if there is a god, he has much more important things to be worrying about than my postings on this board.

Reply by Cyndra_in_CA on 3/15/05 10:27pm
Msg #25692

Re: Ha! Cali screwed that one up!

Get this straight... try hard.

CaliNotary said: "And I would like to think that if there is a god, he has much more important things to be worrying about than my postings on this board."

That's rich coming from you! A Christian Basher! We refer to our maker as God, not "a god" and don't be so sure God doesn't have better things to do than worry about you, that's the funny thing. Perhaps you should be the one worrying.

And, oh, by the way, the thought of you putting a "tingle" anywhere near me make me want to puke. So, don't flatter yourself. By the way, I'm a female, so, it's a very mute point, since you're so public now.

Reply by Cyndra_in_CA on 3/15/05 10:32pm
Msg #25694

Correction: Moot point...

Misspelling due to being overworked and disgusted.

Reply by HisHughness on 3/15/05 10:50pm
Msg #25699

Re: Ha! Cali screwed that one up!

Cyndra, I gather you haven't had time to read a thread preceding your post, beginning with message #25622. You may wish to do that before responding to CaliNotary again. Note that the CaliNotary post you responded to pre-dated #25622. I feel pretty sure that references such as "Christian Basher" and wanting "to puke" because of another poster are covered by the strictures contained therein.l

Check with me later to ascertain whether mention of hairy chests is also prohibited.