Posted by Tamara_fl on 10/16/05 6:21pm
Msg #70838

Florida Newbie question on absent signer

I have just started serving as a notary public and as a certified signing agent in Florida. I am still a little unsure of my interpretation of the Florida and Notary laws, so I need some help.

I received a call about notarizing a document that was signed in Illinois by the caller's girlfriend's mother. The girlfriend needs the document notarized in order to go back to school/work in florida.

I told this person that the mother would have be in my presence and would have to swear under oath that the signature was hers and that she had signed the paperwork of her own free will.

The boyfriend said his neighbor was a state trooper and could swear that the signature was his girlfriends mother's because the trooper knows he wouldn't lie.....He also asked me if the trooper could just notarize the document because he thinks thats what the trooper told him he could do.

This all sounds a shady to me.

From what I read in the Florida state law, law enforcement officers can take OATHS while in duty, but I believe that may be it. He can't swear that he knows the signature is the mother's unless he witnessed it in Illinois, isn't that right???

I am planning on telling this person to send the paperwork to the mother in Illinois and have her get it notarized there. Is this the correct approach?

Thanks for any input anyone can provide on this.

Tamara

Reply by Sylvia_FL on 10/16/05 6:25pm
Msg #70839

Nocando Tamara

The signer must appear in front of you personally to either acknowledge that they signed the document themselves, or to swear and sign in front of you that the contents are true.
The caller needs to send the document back to the signer to get the signature notarized.

Reply by Tamara_fl on 10/16/05 6:28pm
Msg #70842

Thanks Sylvia....that what I thought....

Reply by Sylvia_FL on 10/16/05 6:33pm
Msg #70843

Also,
Unless the police officer is a notary in his own right he cannot notarize signatures.
He is only allowed to administer oaths when engaged in the performance of his official duties. For example they can take the sworn statement of a witness.

Reply by Tamara_fl on 10/16/05 6:39pm
Msg #70844

Thanks again...I saw that in the Florida law as well...I can see it will pay to carry a copy of the Florida law with you everywhere you go....

I just got off the phone with this fellow and told him to send the paperwork back to Illinois..He was pleasant on the phone and seemed okay about doing this....

Reply by Sylvia_FL on 10/16/05 7:27pm
Msg #70850

Whether he is OK about doing it or not, it is the only thing he can do legally.