Posted by Art_MD on 9/20/07 7:08am
Msg #212190

Question for VA notary re:new requirement

I was looking into requirements to be a notary in VA and saw that as of 7/1/07 it is required that the notarization section be on the same page as the signature being notarized.

1. How does one handle a split signing where there is no room on the signature page ? The way I read it, a loose jurat/acknowledgement doesn't meet the requirement.
2. Many DOT's have signature on one page and notary section on the next page. How do you handle this case. I can see if the title company is in VA they might (slim chance but still greater than zero) comply with this requirement, but I'm sure most out of state title companies wouldn't even know, or care in many cases, about this.

Thanks,

Art

Reply by lmkf/va on 9/20/07 7:49am
Msg #212194

I was dreading this change in the law and anticipating much chaos. However, I have to say that almost all title companies nationwide had the knowledge beforehand and the deeds were adjusted to have the notarial wording on the same page as the signature. You are correct. The signature of the person being acknowledged has to be on the same page as the acknowledgement. There has been only one time that this has not occurred for me on the deed of trust and I was instructed by title to have the borrowers sign on the original signature page and to also draw a line on the next page with the acknowledgement and have them sign there as well. I would imagine that this would work for a split signing too. In either case I would still always call title if this situation would arise again.

Reply by DebbieT on 9/20/07 9:30am
Msg #212205

The title company or the first notary can make a duplicate page and that way they both have acknowledgments with their signature. One signs one and the other signs another.

Reply by Sandra Clark on 9/20/07 12:09pm
Msg #212232

While this is getting to be less of a problem, the easiest way is to have an ack. stamp made, then stamp on same page as signatures and notarize. No big deal.

Reply by CopperheadVA on 9/20/07 12:43pm
Msg #212246

That's what I do, too - I have an ack and jurat stamp and I stamp them as appropriate on the signature page. Most companies have adjusted the DOT, but some have not. And the CW Identity Aff was not changed, but they have just started adding an additional VA compliant Identity Aff to their packages.

Reply by Shannon_Va on 9/20/07 1:27pm
Msg #212256

And the Clerk will reject recordings if the ack is not on the same page as the borrower.

As for split signings, which I have done a few, one BO signs one page with the notary ack and then a second signature and ack page can be done which will add one page to the entire doc, and the Clerk will take it that way also.

The only lender I have come accross who has not changed this is World.