Posted by Anonymous on 9/9/05 3:42pm
Msg #64440

Signature missing from DOT notarization

I've read this board consistently for some time now and a while back several folks have mentioned getting calls regarding signatures, etc missing from their notarized documents. I'd be the first prson to say that I can make a mistake, but when I triple check everything that gets notarized before returning documents, I'm suspicious when I get a call that the Deed of Trust is at the County Recorders and is missing my signature. I wonder how no one noticed this missing signature for 11 days (since the signing). I've been doing this for almost 2 years and have never gotten a call requesting a loose ack.

From here on, I will take the advice of several of you from this forum, and makes copies of at least the notarized portion of documents and then dispose of them after getting paid. Lesson learned.

Reply by PAW_Fl on 9/9/05 4:00pm
Msg #64447

If you are located in FL, be advised that a Notary Public is not authorized to make and retain copies of documents that they notarize. (Fl Governor's Reference Manual for Notaries, pg. 42)

Reply by Barb25 on 9/9/05 4:39pm
Msg #64450

Does that refer also to the notarization page if nothing else is on that page?

Reply by PAW_Fl on 9/9/05 5:35pm
Msg #64453

My ..personal.. interpretation would be yes, that includes any part of the document, even the final page of the mortgage which may only have the notarization certificate. This is not to be construed as a legal interpretation nor legal advice. You may wish to contact the Notary Office of the FL Sec'y of State for interpretation (email [e-mail address]). Or seek a legal opinion from a practicing member of the Florida Bar.

Reply by lindetteh_PA on 9/9/05 8:13pm
Msg #64469

If I were you I would ask to see a copy of the form where your signature should be. Also fill in the bottom of the loose ack. so you can feel comfortable that it's being used properly. I have had 3 cases in the last 2 years where the lender told me something like that and when I requested to see a copy I never heard from them again

Reply by sue_pa on 9/10/05 8:27am
Msg #64523

In PA you MUST go back to the signer and ask them to acknowledge to you that it's their signature. The certificate MUST then be dated for the date they are NOW appearing before you. There is no such thing as 'reacknowledging' in PA. Even if you know you did it the first time, even if they send it to you and you can see that someone has spilled their coffee on it, mangled it, etc., you must go back to your signer.

Reply by lindetteh_PA on 9/10/05 2:11pm
Msg #64564

Sue he said the signature that is missing is his own not the borrower

Reply by sue_pa on 9/11/05 8:01am
Msg #64649

I know and in PA we CANNOT 'redo' that acknowledgement. You MUST go back before your borrower. I always 'knew' this but wasn't sure why. A year or so ago I had a rash of these circumstances - being asked send acks for docs I had notarized several years prior. I checked w/PAN and although I don't think they gave me a statute or case law they reaffirmed that we could not do it. I actually siced Marc and also Crystal from the SOS on FASS. It still took them another 6 or more months to send me to the borrower.

Good example - one of the ones that wanted me to go back for a Mortgage that was perhaps 2 years old was Ameriquest. First they requested the ack - I told them I had to go back to the borrowers (they don't have to resign, they just have to tell you that it's their signature, they signed, etc) The ack then gets dated for the date you go back - not the original date they all want.) I kept calling the borrowers. After about 2 weeks the wife finally called me and said that she remembered me, she was sure I wasn't "trying to pull anything" but the Mortgage had been paid off and they weren't signing anything. If I would have just sent the ack as originally requested, a paid off mortgage would have been recorded and a lien erroneously placed on that property.

If you belong to PAN, do a "Live Chat' on Monday. I always call when I've got questions because the Live Chat is generally basic info and my questions never are basic - they probably cringe when it's me calling !! Please let us know what they say (senility could be setting in and I might be absolutely wrong although I don't think so).

Another thing to remember, these boards receive responses from notaries all over the country and notary questions and responses are VERY state specific. When I started reading these boards years ago I started to change the way I did some things - I even considered getting a thumb print and having people sign my Register. I started to think I had to have unexpired photo id. Then I realized I am in PA and I do and follow PA laws. I don't care 'what's best per the NNA' or what another state does. I do what I've done for the past umpteen years and that's what our PA legislators tell us to do - not what a CA signing service or a lender in Timbucktoo wants us to do.