Posted by FWP/WA on 3/28/07 10:51pm
Msg #182488

a quirky question (long)

I know that when notarizing an ack, you don't need to see them sign it, just prove they are who they claim to be, and have them state that it's their signature.

I know that on a jurat they must physically sign in front of you.

What about the notary? Does the law say the notary must apply his seal/stamp at the same time that the signer has signed the docs?

I know this sounds like a dumb question, but humor me. Lets say you had two signings, only an hour apart or so, and the first you just wanted to get through it as quickly as possible, so you weren't late for the next one. Lets say you had the borrower(s) sign each page, and instead of stopping to do the few you had to sign/stamp, you just kept on going and said to yourself "I'll do it before I put them in the fedex envelope when I get home."

Is this illegal, or just bad practice (and maybe bad customer service to the first borrowers)?

Reply by Signing_Doc on 3/28/07 11:09pm
Msg #182494

IMHO...it is bad form to not notarize at the time of the

notary act. One, this assures the person utilizing your services that the papers are indeed notarized. Second, this assures that YOU, in your haste to finish up all your appointments for the evening/day, do not forget to notarize any documents. It would show that YOU are not a professional or even sloppy in your work if, when the docs are received by the person who hired you, that they need you to 'redo' it (at your expense)...IF there is enough time (i.e. NOT a purchase or a investment property). IF there is no time for YOU to do it, then the company which hired you has to pay ANOTHER notary to 'fix your error.' Either way, it shows a lack of professionalism or caring about your profession.

In my opinion again, maybe you need to schedule more time between appointments to give yourself enough time to do it right the first time. (just a time saver for the future, again if you have the time....) when you get the docs for the first signing and are going through them, pre-fill in the information that you can, i.e. venue, your name, title etc,..everything on the ack EXCEPT for your signature and your stamp. THIS way, when it comes to that page...they sign it, you stamp it...and you move on. So, NO it's not illegal, but it should not be a standard practice. Again JMHO

"Doc"

Reply by Larry/Ca on 3/28/07 11:20pm
Msg #182495

In California your...

required to record your notarizations in sequence and time of notarization but I cannot find anything that would make it ILLEGAL to stack'em up and complete them at home. I think all would agree this is a bad practice.

Reply by ZeeCA on 3/28/07 11:29pm
Msg #182496

sometimes I finish up my journal entries and the notarized

pages when bo/s have to fill out forms... otherwise I do it as we go as that is what they are paying for... notarizations................

Reply by CaliNotary on 3/28/07 11:29pm
Msg #182497

Re: In California your...

I'd agree that it's bad practice, but every now and again it makes things easier. About the only time I'll do the notarizations later is if it's a signing where there's no table to work off of. Just too much of a pain to be balancing everything on my lap plus trying to complete notarizations plus trying to make a clear stamp impression.

But most of the time there's just no reason not to do the notarizations at the table for the simple fact that if I weren't filling them out I'd just be sitting and waiting for the borrower to skim and sign anyway.

Reply by Ndwa on 3/28/07 11:36pm
Msg #182499

I had a split (purchase) signing not long ago where Mr. B signed at TC office in another state. When I received the docs, most of the escrow instructions were sign by the EO, but none of the notary required docs were neither stamped or signed by the EO (maybe her assistant will sign/stamp later).

I agree that it's a bad practice, but I don't see it as illegal as long as your journal is in order.

Reply by ewing2surf on 3/28/07 11:56pm
Msg #182503

I have watched guys stamping and signing documents in coffee shops. It's bad practice though. Notarizing at the signing table is professional and eliminates mistakes.

In California the code reads, the acknowledgment must be completed when the notary's signature and seal are affixed. Or suffer all kinds of grief from the SOS. That would tend to motivate the notary to complete his work before he hands it back to the signer. The guys that make the rules did not foresee the paper carrying notary that walks in, secures the signature and walks out with document.

Reply by Dennis D Broadbooks on 3/29/07 5:49am
Msg #182513

What Joe Said...

..."Notarizing at the signing table is professional and eliminates mistakes." Nuff said!

Reply by Sylvia_FL on 3/29/07 6:49am
Msg #182523

In Florida the signer must be in front of the notary at the time of the notarization.
I had one signing agent do a signing, and the borrowers were rushing her as they were leaving town. So, she decided to notarize the docs when she got home before she dropped them off. She called me frantic, she went to notarize the docs and her seal was not in her purse, it had fallen out at the borrowers home, and they were long gone out of state.
Luckily the signing was on a Friday night and she didn't have to drop off the docs until Monday and the borrowers were expected home late Sunday night. She was able to go back over on Monday morning and retrieve her seal. But it could have been a disaster, the borrowers could have been gone longer than the weekend. Or worse case scenario, she could have had an accident on the way home and been hurt and unable to complete the notarizations.

Always complete the notarizations at the signing!

Reply by Sylvia_FL on 3/29/07 6:49am
Msg #182524

In Florida the signer must be in front of the notary at the time of the notarization.
I had one signing agent do a signing, and the borrowers were rushing her as they were leaving town. So, she decided to notarize the docs when she got home before she dropped them off. She called me frantic, she went to notarize the docs and her seal was not in her purse, it had fallen out at the borrowers home, and they were long gone out of state.
Luckily the signing was on a Friday night and she didn't have to drop off the docs until Monday and the borrowers were expected home late Sunday night. She was able to go back over on Monday morning and retrieve her seal. But it could have been a disaster, the borrowers could have been gone longer than the weekend. Or worse case scenario, she could have had an accident on the way home and been hurt and unable to complete the notarizations.

Always complete the notarizations at the signing!

Reply by Leon_CO on 3/29/07 7:02am
Msg #182530

Sylvia, do you chew Doublemint gum while you post? :) ... n/m

Reply by marlindog on 3/29/07 8:14am
Msg #182547

In Florida we don't chew gum we chew tabbaci...bud!! n/m

Reply by Sylvia_FL on 3/29/07 9:36am
Msg #182570

Re: In Florida we don't chew gum we chew tabbaci...bud!!

Tabacci! Yukola! I don't touch tobacco in any way, shape or form! Yuk!

Reply by Sylvia M Mease on 3/29/07 9:35am
Msg #182568

Re: Sylvia, do you chew Doublemint gum while you post? :)

Ah! Is that the reason for the double posts? LOL

Reply by Leon_CO on 3/29/07 7:00am
Msg #182529

>> ... maybe you need to schedule more time between appointments to give yourself enough time to do it right the first time. - Signing Doc <<
----------------------------------------------------------------------------------------------------------------------

I agree. I try not to book appointments too close together. Too many things can go wrong.

I complete the notary work at the table (or on my lap). Usually what I'll do is hand the borrower the next document to go over while I'm completing the notary work. By the time they've read it, I'm done. It only takes a moment anyway.

It really saves a lot of headaches when you know you've done everything at the table, including crossing out the 'his/her/their' if necessary, etc.. And I take enough time to go over the documents afterwards and double check everything. I'll suggest to the borrower that they get up and stretch or whatever. Most of the time they do.

It might seem like it's taking extra time, but in the long run, doing everything at the table actually **saves** time and makes the job less stressful. It gives you peace of mind.

Good luck.

--------------------------------
P.S. Yes. I think it's a bad practice to not complete the notarization in front of the borrower. I know this might sound hokey, but I think we should do everything we can to appear as professionals in front of the borrowers. Always try to leave a positive impression of notary signing agents. Believe me, it's good for repeat business too.

Reply by FWP/WA on 3/29/07 9:55am
Msg #182579

Thanks!

Wow, I didn't expect so many responses, but I enjoyed reading them all. I must emphasize, this was a hypothetical question, as I was curious as to the legality of it. I completely agree that it would not be professional to do this.

Reply by marlindog on 3/29/07 10:06am
Msg #182585

Re:Just imagine had it been a real ??????????????? n/m

Reply by VickiWA on 3/29/07 11:47am
Msg #182635

Andrew:

Thanks for asking this question. I have received notary instructions in pkgs stating "STAMP AND SIGN IN FRONT OF BORROWER" The reason I find this interesting is because in all of my personal real estate and loan transactions, never did a notary (or whoever was witnessing our signatures) sign and stamp before me and my husband. Before I got into this business I didn't give this a thought. I have always wondered what others do. Obviously since it is included in the notary instructions it is important and some notaries are not signing and stamping in the presence of the borrower.

Having said all that.... I do stamp and notarize at the signing table. It's professional and the job gets done right.