Posted by D_Arias/FL on 10/20/06 4:30pm
Msg #153939

Fingerprint Refusal

This has not happened to me yet ... but I do want to be prepared for it. If a borrower refuses to put his thumbprint in my journal .. what do I do?

I am assuming that I continue with the notarization ( double checking his identification) and note in my journal the refusal.

On the other hand .. it would cause me to be suspicious and that would cast doubt as to the validity of identification.

I did a search for this first and didn't find anything.

Reply by hcampersFL on 10/20/06 4:40pm
Msg #153943

In Florida you are not required to get finger prints from anyone. In fact to do so could be construed as UPL and a violation of the person's rights. You need to go back to your Gov. Manuel and read, read, read.

Reply by Sylvia_FL on 10/20/06 5:03pm
Msg #153952

As Bev stated in Florida we are not authorized to take prints, so you cannot refuse to notarize because the signer refused to provide a thumbprint for your journal.

Reply by BetsyMI on 10/20/06 5:21pm
Msg #153957

I used to get a fingerprint when I first started this business. However one borrower complained to my biggest TC, and that TC asked me to stop taking fingerprints of their customers. I stopped doing it that day as it's not required in my state anyway.

Reply by D_Arias/FL on 10/20/06 5:30pm
Msg #153960

Thank you Ladies

Page 67 of the Governor's Manual ... I should have searched there first :p

Reply by faceynotary on 10/20/06 6:39pm
Msg #153984

I live in mean a$$ New York, and um that part of my journal will probably will forever stay blank unless it's mandated by the Senate.

I had one lender who had a problem with signing my journal, he tried to con his family, but anyway... NYkers are really suspicious as this is Scam City.

I just say properly identify the signer (valid state or federal id) get an address and phone number (which you have prior to the signing anyway)... and keep it moving.

Savvy Brooklyn NYC Notary.

Reply by Gary_CA on 10/20/06 7:00pm
Msg #153994

Tell 'em they got two choices...

leave a thumbrint or chop off your thumb and I'll tape it to the page... all the same to me.

In CA we're required to have a thumbprint for residential home sales and mortgages. So I wouldn't ask for one otherwise, but I wouldn't take no for an answer if it's a loan signing. Besides, refusing something that simple isn't the right foot to start on... I'd let 'em be a pain in somebody else's butt.

Reply by MelissaM_FL on 10/20/06 9:18pm
Msg #154032

Diana,

You can't refuse to notarize for a person in Florida because they refuse to give you a thumbprint. However, if someone refuses to give me a thumbprint, I double- and triple-check the identification and note ANY discrepancies in my journal. It's a cover your butt move for me.

Reply by Becca_FL on 10/21/06 12:40am
Msg #154101

>>>On the other hand .. it would cause me to be suspicious and that would cast doubt as to the validity of identification.<<<

Who died and made you the authority on FLDL's?

Welcome, neighbor. Please read your manual again.

FYI - Florida does not require thumb prints...heck, Florida doesn't even require a journal.

Reply by Kim/CO on 10/21/06 8:10am
Msg #154118

The one time someone paused when I asked for it, I told them it is for their protection and that my journal is kept in a locked desk when not with me.

Reply by faceynotary on 10/21/06 8:13am
Msg #154120

I agree Becca....

NY doesn't mandate a journal either but I use it for every notarization I've done so far since I've received my commission last year. I work for a law firm and am not listed as a firm notary, because ofcourse we all know the mistreatment of the notary public law, espcially in law firms, of all places. However, when I do perform a notarization and I pull out my trusty journal, it's looked upon like some foreign object. They can choose to get a notarization done right or they can go to Mr. or Mrs. No Nothing Notary... who will stamp anything.


Thumbprints, don't think so... not in NYC... You'd probably get beat up for that. LOL

Savvy Brooklyn NY Notary

Reply by aciardoNY on 10/21/06 2:47pm
Msg #154258

I have never come up against anyone refusing a thumbprint . I am also in NY. Yes we are a very suspicious lot , however, I will tell them they are within their rights to refuse. I tell them it is for their protection, and in this day and age of ID theft , they WANT me to be thorough and do my job. It's their home on the line, or the equity in it. You and always remind them that Sante and Kenneth Kimes were caught because the notary did his job.
Usually that's all it takes.

Reply by faceynotary on 10/22/06 5:52pm
Msg #154364

Ms./Mr. A Ciardo:

That's great, thanks for sharing. Well, I suppose fingerprinting just sounds scary to the regular lay person who isn't a notary.

For now I just keep my journal very accurate, haven't had any problems thus far. I really think they should just collectively mandate use of journals and fingerprinting nationwide and make the Notary Laws as consistent to each other as possible. The Senate Judiciary Committee is certainly trying ... it has already started to work on some the ambiguity in the NY State Notary Public License Law-one is proper identification and the identity of credible witnesses as well as 4 new acknowledgment certificates for conveyances.

It also needd to raise the fees too- I know you may agree with me on that one too Ms./Mr. A Ciardo.

It's great to see a fellow NY notary. I just started posting on the boards and haven't really seen many.

What part of NY are you from, if you don't mind my asking?

Hope you are enjoying your weekend.

Savvy Brooklyn NYC Lady.

Reply by BrendaTx on 10/22/06 7:46pm
Msg #154366

**You and always remind them that Sante and Kenneth Kimes were caught because the notary did his job.**

I recently mentioned those two myself. Fascinating story.