Posted by Leon_CO on 2/27/06 9:29pm
Msg #100458

"Notary Stamp as proof of commission"

I did a signing this evening. The lender added a "Borrower's ID Statement" stating "This loan document signing occurred where no copy machine was available.

It had a place for me to sign, acknowledging that I had indeed seen the ID of the borrowers. This was to take the place of sending a copy of their ID with the loan packet. Next to my signature was a box with the wording, "Notary Stamp as proof of commission:"

I thought it kind of odd that they wanted my stamp. Anyway, I obliged them by placing my stamp in the box. But I crossed through it and wrote "Sample".

This is the first loan packet where I was asked to place my stamp on a document that didn't require notarization. I can only hope that they will be satisfied with that.

Reply by TitleGalCA on 2/27/06 9:43pm
Msg #100460

That's interesting Leon.

Given the time to think about it, I would not have not stamped, but written in my commission number and expiration date and a signature, rather than my stamp due to the SOS guidelines about the use of notary stamps. I won't search for the code section right now, but it's there.

It's always easier to say what "should" have been done, when you're not on the hotseat with the signers and a lender. Still...my SOS is really picky about when it's appropriate to stamp. You did the best you could I suppose by lining through and writing "sample". Still, I think I'd prefer to write it in, rather than stamp.

Curious about other opinions.

Reply by TitleGalCA on 2/27/06 9:45pm
Msg #100461

As an aside.....

I say "write it in" because I am a new subdivision specialist in California, and have title/subdivision experience in recording mylar maps where there is the "one" exception to using your stamp in California. For any other notary, without the same experience, I can see where they might not think of an option to just write in your name and commission number.

Reply by SatomiCO on 2/27/06 10:24pm
Msg #100464

I've seen this a couple of times. I never stamp my seal on this document. I ignore the proof of commission request. I simply write a notation that I am unable to notarize my own signature, however, I certify that I have checked ID's and that they appear true and genuine. Then I sign my name. I've never been called on the carpet for this or questioned about it.

Reply by Beth/MD on 2/28/06 6:15am
Msg #100497

I, too just verify the id of the borrower. And I carry a digital camera. This has come in really handy with the older borrowers/reverse mortgages.

Reply by CalimnCA on 2/27/06 10:52pm
Msg #100470

Digital Camera

I avoid this whole scenario by carrying a digital camera, the TC is always grateful to have a copy of the identification

Reply by Joan Bergstrom on 2/28/06 1:24am
Msg #100478

In Calif we cannot notarize a document where there is not a place for a client to sign on the document and we cannot notarize our own signature.

I have a "PROOF OF IDENTIFICATION" form that the client signs and I notarize it with an ACK. and it has passed without a problem the last 4 years. Its on the disk that notaryclasses.com sells on their website.

If anyone wants a copy just email me at [e-mail address] and I will send it tomorrow.

Hope everyone had a great EOM!!

Reply by Leon_CO on 2/28/06 4:05am
Msg #100480

I appreciate the feedback. I thought that crossing out the stamp and writing "Sample" would be sufficient.

I haven't sent in the packet yet because there are still a lot more problems with this loan packet that I have to mend (too much to go into now). I printed out another copy of that document. In the box I wrote, "Please see attached commission certificate. I may not notarize my signature. (CRS 12-55-110))". I stapled a copy of my certificate to it to satisfy their "proof" requirement.

I'll call the Secretary of State's office when they open and ask them what is the best way to handle it. If they say that crossing out the stamp is okay, I'll send that in. If it's not, then I have the document with my certificate attached. Or I'll do whatever they recommend.

Thanks.

Reply by LilyMD on 2/28/06 7:07am
Msg #100511

I have had lenders that didn't want a photo copy of the borrower's i.d. just the i.d. certification. I will fill it out and sign it. No notarial wording, no notarizing. I just sign to say I've verified the i.d.

Reply by SatomiCO on 2/28/06 8:08am
Msg #100529

Personally I wouldn't even attach my commission certificate. You have notarized an entire loan package and stated your commission expiration date on each of the other docs that you have notarized. If that in itself doesn't prove that you are a notary, nothing will.

Reply by Leon_CO on 2/28/06 8:17am
Msg #100534

** ... You have notarized an entire loan package and stated your commission expiration date on each of the other docs that you have notarized. If that in itself doesn't prove that you are a notary, nothing will. **

That was my initial reaction when I read that they wanted "proof". But I do the best I can to give them what they want, as long as it's legal.

Reply by SatomiCO on 2/28/06 10:24am
Msg #100569

You're just making a lot of extra and unnecessary work for yourself. You can't notarize your own sig. Simply write a blurb stating such. And it's completely unnecessary to make a copy of your commission (to include with the loan package) just to prove that you are a notary.

Reply by SatomiCO on 2/28/06 10:27am
Msg #100574

Re: P.S.

IMO, the time to ask for a commission as to proof that you are a notary is before the signing, not after you've already completed it. That's like locking the door after you've been robbed.

Reply by eXpedN_TX on 2/28/06 10:39am
Msg #100583

Leon,

I am not sure about CO, but on the TX SOS website there are a list of the 5 billion (alright, that's an exaggeration), notaries in Texas. If they really wanted to make sure you are a notary, then they should be able to go to the SOS website and find you. This is an option they have here in TX. You may want to point them in that direction if the same applies to CO?!?!? - Melissa

Reply by MelissaCT on 2/28/06 7:57pm
Msg #100810

In CT, "the signature, rank or title and serial number, if any, of the person are sufficient proof of the authority of the holder of that rank or title to perform the act. Further proof of his authority is not required." Chapter 8, sec 1-58(a) of the Notary Public Manual Appendix B.

I do not complete that section. I've seen and ignored that form before. I also do not "just sign, stamp & seal" a document that doesn't contain a borrower's signature. A notary must always witness a signature on a document.