Posted by LynnNC on 6/20/06 4:12pm
Msg #127063

Question for VA notaries

I received a call today from a SS regarding a VA loan signigng that I handled, telling me that I made an "error" because the notary acknowledgement on the Note was not completed. I told them I have never seen notarial language on a note, and to please fax me the document.

The three-page Note on a property in Roseland, VA had the following notary language at the bottom of the third page:

This is to certify that this is the Note described in and secured by a Deed of Trust dated June 17, 2006 on the Property located in Roseland , Virginia.

My Comission Expires:

________________________________
Notary Public

After I saw the faxed copy of the Note, I called the SS back and told her that it did not appear that the section was to be completed by a Signing Agent, and in any event, in NC we cannot certify, but only notarize signatures.

She then said that the language was used in certain counties in VA, but was not prepared correctly to sign in NC, but that I should have called to question the language (I didn't "question" it at the signing - I just figured that it was not for me). She then said that I should prepare an acknowledgement of the signature of the borrower. I said that I would do so (I am not concerned about sending a loose acknowledgement because mine specify at the bottom the title of the document, date of doc, # of pages, & borrowers, so it cannot be used for any other purpose), but in my over one year experience as a signing agent, I had never seen a Notary section on a Note.

I also pursued why a notary would ever certify using the language as prepared on the Note, as it seems to me that to do so would be the UPL. She then asked if I was was questioning/practicing law as to whether or not the Title Co was correct in using Notary language.

I am curious if any of you VA notaries have encountered, or completed such a certification.

Reply by Anonymous on 6/20/06 4:26pm
Msg #127065

It's just certifying that the note is described in and secured by the DOT that borrower signed and dated as such. How can that be UPL?

According the the VA Notary Handbook, a "Certificate of Acknowledgement" is OK. It appears to me that that's all it is.

I do certify these and make sure I add the venue of where notarial act took place and I also add the wording "Certified this ____ day of _____, 2006.

Reply by LynnNC on 6/20/06 4:42pm
Msg #127067

It is not a certification of an act that a Notary Signing Agent witnessed, but:

This is to certify that this is the Note described in and secured by a Deed of Trust dated June 17, 2006 on the Property located in Roseland , Virginia.

In my opinion, for a Notary to certify such would be the UPL.

Reply by Anonymous on 6/20/06 5:00pm
Msg #127070


I will let you know tomorrow what I find out. I cannot find my email to the SOS from 3 years ago regarding this issue, so I emailed them again and will let you know exactly what they state. I just know when I checked back then, I was told it was OK and have been doing so whenever I received a note with the language (which is not that often).

Reply by LynnNC on 6/20/06 11:03pm
Msg #127126

Anonymous wrote,"It's just certifying that the note is described in and secured by the DOT that borrower signed and dated as such. How can that be UPL?'

It is the role of the Notary Signing Agent to witness the signatures of the borrowers, and notarize their signatures where applicable. While we cannot certify in NC, in other states, Notaries certify certain acts, e.g. that the notary viewed the government issued photo ID of the borrower.

IMO, it is not the role of a Notary to certify the CONTENTS of a document,( ". . . the note is described in and secured by the DOT . . .), and to do so would be the UPL.

Reply by RickinVA on 6/20/06 6:46pm
Msg #127085

FWIW, I have twice contacted a SS or TC about that phrase. ONe, the SS said fine, don't worry about it, it is not for you. The TC said I should notarize it, because the lender wanted the note norarized. I ignored it for the SS and I attached a loose ACK for the TC. I would really like to know what is required/allowed for that because the way I read the handbook, I can't certify the note. Please do let us know what the SOC says and you can send it directly to me if you like. (See profile)

Rick