Posted by bowie_MD on 8/15/07 9:00am
Msg #205619

advice please

I did a refi in Maryland (for a CA SS) back in December. There was a quit claim deed that did not have an Acknowledgement on it. I called the SS and they told me to attach a loose Acknowledgement, which I did. Now the TC says that the state will not accept it so they typed an acknowledment on the bottom of the deed with the December date and want me to notarize it. I assume this is back dating and thus illegal.
Any suggestions for what to tell the TC, as to how they should handle it?
Thanks

Reply by Loretta Reed on 8/15/07 9:04am
Msg #205620

Have it resigned at their expense. Don't backdate it.

Reply by PA_NOTARY on 8/15/07 9:07am
Msg #205622

a mortgage can be notarized after the date of the note.

Reply by Loretta Reed on 8/15/07 9:10am
Msg #205624

As long as the docs are not "date sensitive" but they are asking (if I read this right) for them to notarize and back date a quitclaim deed for last December so it can get recorded. Am I reading this right?

Reply by bowie_MD on 8/15/07 12:51pm
Msg #205734

yes

Reply by MelissaCT on 8/15/07 9:17am
Msg #205632

Re: Sounds like

they didn't want to pay for an additional page to be recorded and are now trying to back-peddle & cover their arses.

Reply by CopperheadVA on 8/15/07 9:20am
Msg #205634

Wouldn't this be considered a correction of the notarial certificate? If the TC returns the original QCD and the original loose ack, can't bowie_MD fill out the typed ack with the same info? The borrowers DID appear before bowie_MD that day in December. Before any flames, I'm saying ONLY if the TC returns the original documents to the notary. And then bowie_MD keeps and disposes of the original loose ack.

However, I suggest bowie_MD calls the MD Sec of State for a definitive answer.

Reply by CopperheadVA on 8/15/07 9:24am
Msg #205638

Re: advice please - clarification

I want to clarify that my understanding of bowie_MD's post is that the TC typed the notarial ack onto the already signed and notarized document. Thus, a correction as opposed to a back-date.

Reply by sue_pa on 8/15/07 9:44am
Msg #205663

That wouldn't fly in PA. There are no 'corrections' allowed. The notary would have to take the original back to the signer and have them reacknowledge their signature. Then the notary would notarize for THAT date. I'd suggest Bowie check with the MD SOS office as I truly don't think many states would allow for 'corrections' as you suggest.

Reply by Sylvia_FL on 8/15/07 10:09am
Msg #205679

Florida sure doesn't Sue. The doc has to be notarized over again in the signers presence.
If a jurat, the doc would also have to be resigned in front of the notary.

Reply by CopperheadVA on 8/15/07 11:39am
Msg #205725

Sue and Sylvia, you bring up a good point - not all states would allow for corrections of the notarial certificate. I have not run into this situation yet, but I would like to know my SOC's stand for future reference so I will contact them and ask. Unfortunately, most of the time the VA SOC does not give the notary a definitive answer. It's usually some murky, brief statement that could go either way.

Reply by TRG_wy on 8/15/07 9:25am
Msg #205642

My 2 cents early in the morning -

This isn't "back dating" in the true sense of what back dating normally is. You are merely moving your seal/acknowledgement from the attached document to the "original" document. Nothing else has changed. They still appeared before you on the date indicated and you already acknowledged that by attaching an acknowledgement sheet.

I've also noticed now in some of my packages where it states that VA no longer allows attached acknowledgements, they must be on the "original" document.

Reply by CopperheadVA on 8/15/07 9:28am
Msg #205644

That is true - as of July 1, 2007, VA no longer allows a loose ack. The notarial certificate must be on the same page as the signer's signature.

Reply by Shannon_Va on 8/15/07 10:07am
Msg #205678

Correct, signatures must be on same page as notary is after July 1, 07. But if it is notarized prior, it can be on a different sheet.

I don't view this as a back date issue. As long as they send you the ORIGINAL papers and you just move your notoriztion to a different page.

Reply by Joan_OH on 8/15/07 1:26pm
Msg #205756

I DISAGREE WITH EVERYONE ON THIS!

I would be hard pressed to believe that a notarization done in December is JUST NOW getting rejected. They are correcting something and want you to do it for free in my opinion.

The last time this happened to me (8 months after a notarization) I was called and told they "lost" my acknowledgement, could I send another one. My response was, "so someone finally figured his wife was supposed to sign too??? Bet you want to me acknowledge Mr AND Mrs, don't you?" I knew this one recorded because I checked. They wanted their mistake fixed for free and at the time I advised the SS, title and lender of the mistake to no avail. Matter of fact, they originally had the deceased wife there which is how I found out about the new wife. I told them I would go back out, watch her sign and acknowledge her, but not for free and with no other date than the day she signed in front of me.

FWIW

Joan-OH

Reply by CJ on 8/15/07 9:14pm
Msg #205847

Re: I DISAGREE WITH EVERYONE ON THIS!

Wow.

Reply by dickb/wi on 8/15/07 7:51pm
Msg #205841

asthe rest have said.......

it would be back dating, and you would be unable to do that [if you are honest-and i believe you are]......also we as notaries need to make title co's, lenders, attys and others that it is not their job or right to pre fill a notarial certificate......the notarial certificate is the realm of the notary and can only be filled in by the notary to reflect the action taken......it is a notaries "testament" to the world that what it says is the truth......also so many times they will insert the marital status or the way title is held [in case of a mortgage or dot] and unless you have indisputable proof that the info is correct you should strike it......i am not a lawyer and am not giving legal advise, but common sense advice and things that i have learned in my 45 years as a notary public and thru my sos--the notary law institute--the american society of notaries, others and my 46 years experience as a real estate broker......