Posted by rmnotary on 3/9/06 6:15pm
Msg #103707

PROSIGN: Need advise

I just declined a signing with them. Here is what happened. I was contacted to do a signing here in NY for the client who is from CA. Husband here on business wife back at home in CA. both names appear on all doc's. They wanted me to sign just him and notarize without her being present. I told them I would not do it as both parties need to be before me if both appear on the paperwork. They told me don't worry we will send another notary to sign her. I told them how do I know that, and what stops you or anyone else from just signing the wifes name. How do I know if she is party to the transaction, divorce pedning, etc. Here in NY whoever's name appears on the doc's must be present. I told why are you being difficult, I told him because it is my commission on the line. I suggested he find another Notary, he hung up on me. Did I do the right thing?

Reply by Korey Humphreys on 3/9/06 6:21pm
Msg #103709

Your acknowledgment and/or jurat should state who appeared before you. If the wife didn't appear, and only the husband, then I don't see why you can't state that the husband appeared before you.

Reply by rmnotary on 3/9/06 6:29pm
Msg #103710

But the docs have both there names printed. Also NY law states that whoever appears on the doc must be present (exceptions POA) They didn't want me to change the ack.

Reply by Korey Humphreys on 3/9/06 6:31pm
Msg #103711

Was the ack already typed in and filled out for you? n/m

Reply by O/Cnotary on 3/9/06 6:56pm
Msg #103715

You should have done a split signing, he signs with you &

docs get sent to CA and another notary signs with her. All you had to do was cross of her name on your certificate and add the word "only", after his. Split signings are done all the time.

Reply by Margaret_FL on 3/9/06 7:36pm
Msg #103733

I do these all the time, all you do is cross out the person who is now appearing before you and put after the husbands name "only". Its called a split signing, another notary attaches an acknowledgement for the wife.

Reply by John_NorCal on 3/9/06 7:54pm
Msg #103737

Nothing wrong with doing a split signing, you just fill out an acknowledgement for each individual. I think you need to review your notary laws.

Reply by NJ_Notary on 3/9/06 9:58pm
Msg #103759

Hi folks,

Not sure what proper protocal is in NY since Im not practicing in NY, but I have had to refuse the notarization for the husband becuase he couldnt prove his identity to me at the closing which was held nonetheless in the mortgage broker's office. Jayne Doe(wife) was the borrower and since she was married to Scottie Doe he had to go on certain docs since NJ is a spousal state. Amazingly enough he drove to the office, but didnt have his driver's license nor any other identification on him. IMAGINE THAT! I notarized for the wife only and attached: This notarization for Jayne Doe only by Franklin J Notary, Notary Public. Also I crossed his name out just as the others mentioned as well.