Posted by jjill_CA on 7/27/07 1:10pm
Msg #202265

New Notary Requirement from First American???

Has anyone else seen this?

I just a package from First American with a form they want filled out on ALL RECORDABLE DOCUMENTS. Suppodely the "County Recorder has been rejecting documents due to illegible notary seals." WHAT???

So now there's a form to fill in with all your notary info, your phone #, where your bond is filed, your place of business, and a statement that says the following:

I CERTIFY UNDER THE PENALTY OF PERJURY THAT THE ILLEGIBLE PORTION OF THIS DOCUMENT, TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS:

Again, WHAT??? So we are just supposed to attach this to every notarized document and let them fill in what they want?

OH---BTY... you don't get paid unless you do this.

Reply by MikeC/NY on 7/27/07 1:42pm
Msg #202274

Why would anyone sign that form? YOU certify under penalty of perjury, and THEY get to fill in later whatever it is you're certifying???

I would just hand the job back to them and tell them to find someone else...

Reply by BakersfCA on 7/27/07 1:42pm
Msg #202275

I saw it. None of the paperwork that I stamped was illegible. So I did not sign or fill it out.

Reply by Michelle_KY on 7/27/07 1:44pm
Msg #202276

Haven't seen that form in Kentucky yet. (Just had one of First American's on Tuesday.)

Reply by Mdene_AZ on 7/27/07 1:53pm
Msg #202280

I have never seen that in AZ

Reply by Linda_H/FL on 7/27/07 1:53pm
Msg #202279

Re: Maybe I'm missing something here..

But how does that form change the clarity or quality of the stamp? Does it clear up the recorder's eyesight so the stamp is no longer smudged or illegible? Signing this form doesn't do a thing - the recorder is still left with a document to record that has a smudged or illegible stamp. I agree - I wouldn't sign it either....just make sure your stamp is clear, which should be done anyway. JMHO

Reply by jjill_CA on 7/27/07 2:03pm
Msg #202283

Bksfld...Do you get paid?

Just curious, since they threaten not to if you don't send the forms back...

Reply by BakersfCA on 7/27/07 2:39pm
Msg #202298

Re: Bksfld...Do you get paid?

I have seen that form a few times and have left it blank or threw it out. No one has ever said anything to me about not sending them back. I didn't feel comfortable signing something like that.

Reply by TitleGalCA on 7/27/07 3:14pm
Msg #202308

You are making a mountain out of a molehill.

Illegible notary statements have been around as long as documents have been recorded on microfilm. As a title officer, when I get a document with an illegible seal - illegible meaning the stamp won't photograph well - I have to determine if it will meet the recorders' requirements and if it doesn't, I have to fill out that same statement by either a) decifering the info on your messy stamp, or b) do a notary search in the database to get your information. Then I have to sign MY name under penalty of perjury. The Recorder REQUIRES this when your stamp can't be read. Otherwise, my customers documents don't record.

First American has probably had enough and is now requiring this so that title doesn't have to chase down a notary, or fill in the Recorder's statement - perhaps there is a legal issue involved now that precludes their TO's from filling in the statement for the notary (which is my first guess).

It's precautionary only, in case your stamp doesn't meet their county requirements. It is not an additional certificate, it is not a blank check where ***let them fill in what they want?****, and it is NOT a big deal; it is certainly NOT a reason to turn down an assignment, as one person suggested!

If it's working for you to not send back the forms, then don't. If you choose to follow the title company's instructions, it's harmless to fill out the form, if they don't need it they'll put it in the shred bin. No reason for collective heart failure by the notary community.

Reply by jjill_CA on 7/27/07 3:48pm
Msg #202313

Thanks for that, TitleGal! I always look forward to what you have to say!

I did find out they only want 1 copy of this form. The instructions made it sound like I had to put one on each page I notarized. That seemed a little extreme.

Yesterday, I had a signing where the title co. had to have 3 signed and dated copies of the RTC, TIL, and Itemization of Amt Fin. 3 copies of each! Just because they wanted to make sure that the date is legible on at least one of them. Then I had to fax all copies back before I could send it Fed Ex.

I just begin to wonder why we are there in the first place...I realize there are notaries that don't know what they are doing, but they will quickly go out of biz. But for those of us who do our jobs right, it drives me crazy to have more and more demands put on us, while at the same time they want to cut our fees!

OK--I'm done venting!

Reply by TitleGalCA on 7/27/07 4:10pm
Msg #202319

Glad to help - the statement itself could sound scary to someone not used to it.

What you might want to do is get a nice copy of the statement, fill one out, and run off some copies to keep in your briefcase. That way, all you have to do is sign them if they require it and don't have to take extra time to fill them out one by one.

Reply by Julie/MI on 7/27/07 4:10pm
Msg #202318

Won't fly in MI Totally a CA thing

As ya'll know I was the big bad recorder for 7 years.

If that form came across my desk I would certainly wonder what the submitter was smoking!

In michigan, the recorder may return a document with a smudgy stamp, but some will let it slide because we don't even need a stamp.

There is no notary phone number deal or looking up notary bonds for goodness sake here.

It has to be a CA deal.

Reply by TitleGalCA on 7/27/07 4:13pm
Msg #202321

Re: Won't fly in MI Totally a CA thing

Title companies (in CA) have a database of notaries in their title plants where we can run a notary's name and get the commission number and expiration date of their commission.

Reply by Julie/MI on 7/27/07 6:33pm
Msg #202344

Okay then what?

So the recorder goes on line to look up the sloppy stamping notary public information, then what does he/she do with that info?

Reply by TitleGalCA on 7/27/07 11:01pm
Msg #202421

Re: Okay then what?

Julie, relax. I didn't say the recorder went online, the title company goes online (their database) to accurately fill out the statement of illegible notary.

What is your issue?

Reply by Julie/MI on 7/28/07 8:16am
Msg #202449

Re: Okay then what?

I'm not loosing any sleep over this title gal, so I am relaxed. Just trying to determine if this form becomes part of the recordable document. Which then increased the recording fee, which would be a notary error to some title companies anyway. I would appear that the form says it becomes attached to the document from the info provided by the first poster.

Is the title company able to fill out the statement or does the notary have to?


Just trying to figure out the logic here since I worked for a title company and the recorder. If the recorder rejects the document and it gets returned, it just makes sense to return it back to the notary to restamp. I guess things are done differently in CA, and I'm trying to figure out all the rig-a-marol just for a sloppy stamp.

Just glad we don't need a stamp in MI.