Posted by liz/IN on 7/15/07 11:38am Msg #199983
Journal and thumbprint
Okay, I'm probably in for it now, but I have questions that Indiana is not very clear about. I've been to the sos, I've searched here. I don't think that IN has any requirement regarding journals and thumbprints. Some of the comments here scare me a little. I am diligent about photo ID, and I record in my journal. But I have never gotten a thumbprint. I do save a copy of the ID. I suppose I could ask for a thumbprint. But I saw one post that said in her state you weren't allowed to. IN isn't very clear about any of this. Is there anything else I should be doing to protect myself? Thanks for your input on this.
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Reply by Lee/AR on 7/15/07 11:52am Msg #199984
CA requires thumbprints. I don't think any other state does. Definitely, Arkansas does not.
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Reply by Sylvia_FL on 7/15/07 11:55am Msg #199985
Hi Liz Yes, I notice the Indiana laws are not very clear. There is no reference to journals or thumbprints. In Florida we are not required to keep a journal and are not authorzed to take prints. I do keep a journal, however if someone was to refuse to sign my journal then I couldn't refuse to notarize based on that as it is not a requirement in Florida, same with prints, I could ask the person to provide a print, but could not refuse notarization based on the fact that the signer didn't want to provide a print.
As for saving a copy of the ID, if you have noted in your journal the info off the ID then there is no need to keep a copy.
Protect yourself by keeping a journal and recording the info off the ID.
CA notaries are required to take a thumbprint for real estate dealings, so they have to get a thumbprint in their journal. I think they have the signer put their thumbprint on the deed too, but am not sure on that, a CA notary can confirm this for me I am sure.
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Reply by Elizabeth Kays on 7/15/07 12:10pm Msg #199986
Ty so much for your answers. I have been reading on here for a while, and searching, and it seems that some states have much stricter requirements than mine. I thought maybe I was missing something somewhere.....and putting myself and others at risk. So thanks again.
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Reply by Dave_CA on 7/15/07 12:38pm Msg #199988
No thumbprint on Deed only in journal &
I think keeping a copy of the borrower's ID is a very bad idea. JMO.
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Reply by Sylvia_FL on 7/15/07 12:57pm Msg #199990
Re: No thumbprint on Deed only in journal &
Thanks Dave for clearing the thumbprint up
I also think keeping a copy of the borrowers ID is a very bad idea.
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Reply by Brenda/CA on 7/15/07 12:56pm Msg #199989
I always obtain the signers thumbprint in my journal.
I have never seen a deed that required the borrowers thumbprint on it.
California does have a loose form, that has an optional area, and it contains boxes for the thumbprint impressions. However, I have only seen this on the Jurat.
The loose acknowledgement has an additional information box in which you can notate which page # and entry # you have recorded in your journal for this borrower, and it has a box to check acknowledging that you obtained their thumbprints.
I only use a loose certificate in the event the preprinted verbiage is not compliant with California law.
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Reply by Ernest__CT on 7/16/07 6:40am Msg #200043
I'm with those that believe keeping an ID copy is A Bad Idea n/m
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Reply by Elizabeth Kays on 7/16/07 9:51am Msg #200052
Re: I'm with those that believe keeping an ID copy is A Bad Idea
I will shred them as I close each file. TY for your input.
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Reply by Jeffry Salvaggio on 7/16/07 3:40pm Msg #200102
Re: I'm with those that believe keeping an ID copy is A Bad Idea
Here in WA, we are not required to keep a journal OR take thumbprints. As far as ID copies go, I take a digital copy at the signing and print from computer then delete and send in with the docs. I never keep any personal information obtained from Lenders/Title or BO's.
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