Posted by pjc on 11/13/07 9:42pm
Msg #221070

where to affix my stamp

Lately I have had two SS call for for an additional Ack. because I did not affix my stamp in the correct place. (??) When the borrower signs on the second to last page of DOT, and the notarizing wording, venue, etc. is on the next page, where do I affix my stamp?

If I affix it to the last page, I have been told that "you notarized your own signature"; if I affix my stamp on the second-to-last page where the borrower has signed, I am told that the document was not notarized because it needs to be where the venue etc. are.

This has happened twice in the last month when it has never happened before to me!

Please clarify.

Reply by Becca_FL on 11/13/07 10:00pm
Msg #221071

So, Patti, what you are saying is that you have been closing loans since 3/2007, you are NNA "certified" and you have real estate experience, but you don't know where to place your stamp? Patti, does your state have a manual for notaries? If so, have your read it?

>>>if I affix it to the last page, I have been told that "you notarized your own signature"<<<

Did the NNA teach you this? Where did you hear this?

Reply by Sylvia_FL on 11/13/07 10:10pm
Msg #221072

Patti
What is a "Certified Notary Public"???????


Please read your state's notary handbook. You need to know notary law. Where you put your notary seal is basic notary law.

Reply by MikeC/NY on 11/13/07 10:13pm
Msg #221073

This is pretty basic stuff. You affix your stamp below or next to your signature - wherever there's room, as long as you don't stamp over any text on the page. If there's no room, attach a loose certificate.

It's not uncommon for the notarial block to be on a separate page - we see that all the time here in NY on mortgages. The signers initial that page, and it's always numbered and identified so there's no question about what document it belongs to. As long as it's clear about what document the notarization applies to, it shouldn't be a problem. If it's not clear, attach a loose certificate that identifies the document.

And there's no kinder way to say this, but whoever told you that you were notarizing you own signature is an idiot....

Reply by Becca_FL on 11/13/07 10:15pm
Msg #221074

Another question.

How does this happen when you are "certified" by an organization that promises after they train you, you will become qualified to handle loan closings? What am I missing here?

The XYZ states on their website:

"The changing real estate and refinancing markets have companies scrambling to hire highly qualified — trained, certified, background screened — Notary Signing Agents to help meet their business demands.

When you become an NNA Certified and Background Screened Notary Signing Agent, you’ll open the door to greater recognition, more signings and higher income.

You’ll know how to handle the signing and notarization of mortgage loan documents, what lenders and borrowers expect, and how to be responsible and ethical — while safeguarding consumer privacy as required by the Gramm-Leach-Bliley Act and FTC Safeguards Rule.

Reply by pjc on 11/13/07 10:29pm
Msg #221077

Re: I didn't make this up!!

Yes, I realize that I affix my stamp at my signature. That's the rub!!! It was sent back because the TO said "you notarized your own signature". I couldn't make up this stupid X@X&!!!!!!

P.S. I didn't need to get slammed for this. Thanks to all of you "experts"

Reply by Becca_FL on 11/13/07 10:38pm
Msg #221078

Re: I didn't make this up!!

>>>If I affix it to the last page, I have been told that "you notarized your own signature"; if I affix my stamp on the second-to-last page where the borrower has signed, I am told that the document was not notarized because it needs to be where the venue etc. are.<<<

Obviously, you don't know. "Yes, I realize that I affix my stamp at my signature."

Sorry to be so rough, Patti, but this is remedial notary education. I have to ask again, did the NNA "certify" you? And, if so, are you feeling a little ripped off?

As far as I'm concerned, this post says all I ever want to know about NNA training. Good luck LandAm, iMortgage, FiServe and the rest of the bottom feeding TCs out there...You get what you deserve.

Reply by kathy/ca on 11/13/07 10:42pm
Msg #221079

No one is saying you made this up & if this happened more

than once.....makes us wonder......did you stamp your seal on the same page that the Notary Cert is on? AND, did you have the signer sign in the proper place? If you did, why would the company say that you notarized your own signature? I feel like part of the story is missing here, perhaps?????

Reply by pan/nd on 11/13/07 10:51pm
Msg #221080

Re: I didn't make this up!!

It's a sad day in HE** when a TO doesn't know "which side of the road his/her bread is buttered on."

I don't take so much offense that you were caught off-guard. OK, so you should have set him/her straight.

I would have in an instant...but I've been around for awhile and my hair is gray.

But to have a TO tell you that....that's like Custer asking the Indians to join him at the fort for dinner.

PS.. I'm not an expert....so don't slam me. I'm slamming the TO...who needs more than slamming...how about canning?

Reply by MikeC/NY on 11/13/07 11:07pm
Msg #221081

Re: I didn't make this up!!

My comments weren't meant as a "slam", but it's pretty basic stuff. You need to be aware of what you're supposed to do - and if the TC says "you notarized your own signature", you have to be able to push back and tell them they don't know what they're talking about. I'm not sure how else you would want anyone to respond.

Reply by JamesLee/VA on 11/14/07 5:57am
Msg #221102

Hey PJC..didnt you know???

This is a complaint board..not a forum to get help. The "experts" would rather ridicule you than actually help you. It takes their minds off of their misery. Shame on you for thinking otherwise.....

Reply by compkat on 12/27/07 2:41am
Msg #227744

Re: Hey PJC..didnt you know???

Here, Here.

I'm afraid to ask anything for fear that those in their mind of know how, will eat me up for a snack. Just for asking a question. I have noticed a good majority of these posts are downright nasty. I don't talk like they do to my two dogs. Nasty, nasty.

Reply by MW/VA on 11/14/07 8:52am
Msg #221111

I qwould be careful that they didn't trick you into sending a separate ack for use on other documents. Here in VA they've done away with separate acks--probably smart. We now can only notarize on same page with signatures. Sorry you got "slammed". I don't post much on this forum because it has that rep.

Reply by dickb/wi on 11/14/07 12:55pm
Msg #221176

how do you notarize a 16 page mortgage or.....

deed of trust.....the 16th page is the notarization page and ties to the document with
oage 16 0f 16 on the bottom?....................

Reply by Terri_CA on 11/14/07 1:56pm
Msg #221187

When we're just starting out we're nervous and unsure. However, as was posted previously, this could be a ploy to obtain an acknowledgment for something else. This would have surprised me too, coming from the TCs. They should know that the notary seal (at least in CA) ALWAYS goes as close a possible to the notary's signature, on the same page as the notary's signature, as part of the Notary Certificate (wording).

Build up some confidence and reply to the TCs (in the future, but hopefully that won't happen), that according to your State's Notary Laws, the seal is exactly where it is supposed to be.

Now then, was the property in VA? Perhaps then there could be a problem, since VA now requires that the notary's certificate, etc., be on the same page as the signature(s). But even so, a loose Certificate would not suffice.

Hmm makes me wonder what would happen if someone came to me here in CA to notarize docs for property in VA? If the wording wasn't correct for CA, I would have to use a loose CA All Purpose Acknowledgment. That would mean that my notary certificate would not be on the same page as the signature(s).

Terri
Lancaster, CA

Reply by WDMD on 11/14/07 3:18pm
Msg #221201

Terri Said:
"If the wording wasn't correct for CA, I would have to use a loose CA All Purpose Acknowledgment. That would mean that my notary certificate would not be on the same page as the signature(s)."

I know it does not apply to me as I am not in CA, but didn't I read somewhere on here that as long as the certificate wording does not require the notary to state the capacity of the signer that the notary could use an out of state certificate? Just curious.

Reply by Teresa/FL on 11/14/07 3:24pm
Msg #221203

Exactly

Unless this is another change due to the new law going into effect in Jan. 2008?

Reply by GWest on 11/14/07 3:28pm
Msg #221207

Re: Exactly

I haven't read anything in the new laws that change that portion of CA Law

Reply by GWest on 11/14/07 3:26pm
Msg #221204

You are correct. On page 11 of the CA Handbook it reads: A notary public may complete a certificate of acknowledgment required in another state or jurisdiction of the United States on documents to be filed in that other state or jurisdiction, provided the form does not require the notary public to determine or certify that the signer holds a particular representative capacity or to make other determinations and certifications not allowed by California law.

Reply by Terri_CA on 11/14/07 4:18pm
Msg #221221

Yes, the law allows a CA notary to use wording that comes from out of state, which is going back out of state for filing, IF the CA notary knows that the wording which is preprinted is what is required for that other state. It does not REQUIRE the Calfiornia notary to use that other wording, the CA Handbook states only that they can. It's up to the Notary.

We have a wonderful forum here that we can actually find out from notaries from those states what their wording requirements are. However, if I'm presented a situation where I do not have a way to validate the wording, I will use my own loose certificate, which I am, by law, allowed to do.

CA Notaries are not required to know 49 other states Notary Laws.

Terri
Lancaster, CA

Reply by WDMD on 11/14/07 7:04pm
Msg #221300

"CA Notaries are not required to know 49 other states Notary Laws."

Yeah Maryland does not require it either. I would imagine no state requires it. On this subject though, I have a question for anyone who may be familiar with the software programs that generate the loan documents. I have noticed on the majority of my signings that the deeds of trust or mortgages are usually state specific, boilerplate documents. For these DOT's or mortgages does the notary certificates that are included meet those states wording requirements? I would think so if they are supposed to be used for that particular state.

Reply by Terri_CA on 11/14/07 7:19pm
Msg #221302

I would never rely on the the lender to make sure that the certificate meets my state's requirements. That's my job to know and to make whatever corrections or replacements as necessary to comply with my state's laws.

Terri
Lancaster, CA

Reply by WDMD on 11/14/07 7:27pm
Msg #221304

"I would never rely on the the lender to make sure that the certificate meets my state's requirements. That's my job to know and to make whatever corrections or replacements as necessary to comply with my state's laws."

I already know my own state requirements. I asked if someone knew if these programs incorporate into their software the different states wording requirements in their boilerplates. Why are you twisting words?

Reply by BrendaTx on 11/14/07 7:39pm
Msg #221307

Thanks for your input on this WDMD. I feel the way you do.