Posted by JK/TX on 11/20/07 11:35pm
Msg #222263

Another Notary ....Please surrender your commission....

In the title search.... A Deed, one page. In the body of the doc we have the Grantor's name and the Grantee's Name typed as normal.

No signature line(s) for the Grantor or Grantee. .... No problem...(?!).. the Grantor and Grantee signed their name to the right side of their name(s) in the body of the doc (!?)...... the notary, well in the acknowl. that reads....this instrument was ackl. before me this blank day by:.....the notary put her signature on the line and stamped it..........anoher one for the frig !!!!

This notary has been commissioned since 1994 !!

Reply by Ndwa on 11/21/07 5:38am
Msg #222278

I had this same problem a while back where there wasn't a signature line on a QCD for the Grantor. The notary notarized the deed without any signatures. I've also seen many different errors and is having to deal with one right now for a signing done today by a 13yrs notary with over 800 signings. To me it doesn't matter how long a person has been a notary; having the knowledge of the docs is what matter most for being a NSA... Makes me wonder what the teaching curriculum is/was with the notary classes/seminars out there.

Reply by ReneeK_MI on 11/21/07 7:02am
Msg #222286

3 times in the past couple months my husband had to have items notarized, and 3 different notaries where he works did exactly the SAME thing: placed their stamp directly over their signature. One of them both stamped AND embossed - directly over their signature. They are all state employees, too.

I have to think somewhere there is someone teaching notaries to do this?? Please don't ask me the obvious, either - how could he LET THEM DO THIS?!

Reply by LisaWI on 11/21/07 7:22am
Msg #222287

Yes, yes, yes to all of these. May I encourage you to go to Zana's message from yesterday #222113 and click on the link. The NCCUSL has a Notary Committee and I did some reading lastnight on their website and this is one of their concerns. I personally will be thrilled to see this happen, we too have state officials here that have no clue what a true notarial act is. They also have links to contact the committee members with issues or concerns you may have. Again, IMO, critical they know what we are seeing, it will help them in making their decisions. This is where our voices can be heard. And not to mention some interesting reading.

Reply by BrendaTx on 11/21/07 7:36am
Msg #222288

Lisa, thanks for reposting. I wanted to read and

forgot.

Reply by sue_pa on 11/21/07 8:02am
Msg #222292

...One of them both stamped AND embossed - directly over their signature. ...

when I learned to notarize, a 'few' years ago, we ALWAYS embossed directly on top of our signature. There are thousands of documents recorded in my county with my notarization that way, along with bazillions of others by every other notary in my county. Perhaps 10 or 15 years ago the recorder of deeds told us not to emboss on our signatures. They even gave us a grace period because EVERYONE did it that way and they wanted to be sure the word spread . Not sure what brought about the change - whether it was the law, interpretation thereof or just a new fangled way of doing things.

Reply by PAW on 11/21/07 8:08am
Msg #222295

Florida's official seal is the rubber stamp. However, if an impression seal is used, the rubber stamp must also be applied. Whenever I have a recordable document (deed, mortgage, etc.), I always place the impression seal over my signature, with the rubber seal off to the side where it is legible and crisp. I too was taught to "seal over signature" many moons ago.

Reply by Lee/AR on 11/21/07 7:40am
Msg #222289

What about the lawyer?

The one who drafted the Deed without signature lines? Not defending the Notary, but a lot of State Handbooks leave much to be desired. Any many notaries get their commission thru their workplace and are either told by employer (or more likely, predecessor) 'this is how you do this'. Then there's the word 'seal' plopped in the middle of the only reasonable white space available where one should place the stamp. Most of us could write a better handbook than most states have. And I'd improve CA's by eliminating the credible witness nonsense.

Reply by LisaWI on 11/21/07 8:03am
Msg #222293

Re: What about the lawyer?

Lee, funny you should mention Lawyers. I just posted about this last week I believe. A lawyer from Illinois had printed out a document from his court system and sent it to the signer with the word "Notary" hand printed on the document. No certificate, no notarial wording, no anything. Leaving me with the task of explaining I have nothing to notarize here without the proper notarial wording. At the very least you would think they would know their laws and acts to be followed. Personally I think the whole Notarial issue needs to be addressed to include everyone who holds a notarial commission no matter who they are. Sometimes I get the feeling that the Notary part of any document isnt taken very seriously. And it should be.

Reply by janCA on 11/21/07 11:05am
Msg #222319

Re: What about the lawyer?

I agree with you Lee about CA's handbook. It leaves a lot to interpretation, and it's extremely frustrating at times. I would also eliminate the CW's because I think this form of identification is abused and the law on using CW's is at best, left up to the interpretation by the notary.

Reply by Julie/MI on 11/21/07 1:40pm
Msg #222334

Awwwwwwwwwwww aren't you being a little hard?

Those of use that are "professional" notaries sometimes get a little big for our notary britches and think we are just way better.

And in our neck of the woods, grantees don't ever sign!!!


Life still goes on even with an overstamped signature line.


Folks we aint' much and I think a few take themselves a little bit too seriously on their stamping stuff.

Here is your laugh of the day, here is a picture of me from when I worked in our Register of Deeds office......rejecting all those docs......


http://i182.photobucket.com/albums/x115/wheat71/Julie-young.jpg

Reply by Lisa Bittner on 11/21/07 2:02pm
Msg #222337

Re: Awwwwwwwwwwww aren't you being a little hard?

I am thankful how this notary signing career has been so good to me over the past many years. I am thankful, when I have made a mistake, I was treated well, and given an opportunity to fix it.

I am thankful that even though things have slowed down, that I am still being called.

Reply by Simple Solutions Notary Service - JoAnn Baracosa on 11/21/07 2:40pm
Msg #222342

Re: Aww aren't you being a little hard? I agree Lisa

No one is perfict. I too have grown and learn a lot from all of my mistakes this year. I always wish lots of kudos on those who let us fix them. It reminds me that I am human, alive and loved and not God. Have a great Thanksgivings Day all of you in Notary Land.

Reply by LisaWI on 11/21/07 2:09pm
Msg #222338

Re: Thanks for the Chuckle Julie

that is cute. Did you not like your photographer that day, LOL

Reply by BrendaTx on 11/21/07 2:37pm
Msg #222341

Julie, in Texas, grantees sign a lot...

for different reasons, one being so that grantor can act as POA for VERY narrow responsibilities, or to acknowledge they accept a utility agreement, or know about exceptions in the deed.

JK is speaking from a title co. perspective. EOY is bearing down on the transaction related industry, firms, companies, etc. .... am there; am doing it.

Reply by OR on 11/21/07 2:46pm
Msg #222343

Re: Andy sometimes...

"You" have to be the teacher and are the teacher. I am greatful that you are here and we all learn form you. You have been one to mine. Thank you.

Reply by JK/TX on 11/21/07 2:53pm
Msg #222344

Re: Awwwwwwwwwwww aren't you being a little hard?

****Those of use that are "professional" notaries sometimes get a little big for our notary britches and think we are just way better. **

You don't realize the problems a notary acknowledgment can cause in a chain of title if not properly completed. This is a simple acknowledgment and the county clerk should not have accepted it. I've seen them kick back docs for much less of an issue. Instead, they stamped it "file as is" and did.

2 weeks after said deed was executed another deed was filed of record and the grantee from prior deed deeded back to the prior owner. This deed was not signed by the prior owner (grantee is not required to sign the deed here either but sometimes they do). The same notary once again complete the acknowlegment the same way. This was not a mistake (and I know we all make mistakes).... The notary does not know what she is doing.

Now, will the deeds need to be corrected or ignored, are they valid or not..... only legal counsel can make this call.

And I am not saying I am way better, I'm saying if you don't know what you are doing don't do it.... or at least look at the pages behind your commission (Tx)... it's show exactly how to complete the ack.

Oh, and an attorney did not prep this deed... looks homemade to me.

Reply by EastTxNotary on 11/21/07 6:21pm
Msg #222359

Re: Awwwwwwwwwwww aren't you being a little hard?

"or at least look at the pages behind your commission (Tx)... it's show exactly how to complete the ack"

I own a small retail establishment with 5 employees. We offer notarial services and each and every employee is a notary. However, being employees...they aren't as committed to excellence as I would like. Therefore, I gave them a little "test" and incentive to do their research.

TEST
A gentleman comes in with 10 documents requiring notarization, 5 docs require acknowledgments and 5 require jurats (oaths). He is signing for 5 different people on each document with a Power of Attorney.

What measures must you take to perform these notarizations correctly? What is the maximum fee you can charge this customer for all notarizations?

The first one to give me correct answers to my questions will be rewarded on Friday.

I got this idea from another forum for "shipping stores" similar to UPS and Kinko's. Of course, the post I saw was from a store owner who had no idea how to handle this scenario. Interesting, eh?

Reply by BrendaTx on 11/21/07 6:28pm
Msg #222360

Dang Dot, that makes my brain hurt. n/m

Reply by EastTxNotary on 11/21/07 6:44pm
Msg #222362

Re: Dang Dot, that makes my brain hurt.

What was really remarkable were the responses the guy got from "experienced" stores...it was SCARY!