Posted by GIna Cardona on 8/28/08 8:24pm
Msg #262440

Any advise????

Hello everyone! I just got back from a signing and I encountered a little situation, I hope you guys could give me some advise. I was called from a signing agency to notarize one document. The rest of the documents were to be signed by the borrower on her own. I was just witnessing the one document according to this agency. Anyway I get to her house and she is still signing the documents with the loan officer whom the borrower was on the phone with while signing. Anyway a little while later the borrower comes down with all the executed documents. She handed them to me and I started to go through them noticing that the document I had to notarize had been signed without me witnessing the signature. I never had that done before and I have never notarized something I didn't witness. Of course I looked at her license but I still think this was handled inproperly.

Reply by Linda_H/FL on 8/28/08 8:26pm
Msg #262442

Was it an ack or jurat? n/m

Reply by Ardel Richter on 8/28/08 8:26pm
Msg #262443

Just have her sign it in front of you again. If I were returning the docs, I'd also put in a note saying 'why 2 signatures', just so 'they' don't get goofy.

Reply by Philip Johnson on 8/28/08 8:29pm
Msg #262445

The state says as long as it was an Ack

you should be okay.

http://www.state.nj.us/treasury/revenue/dcr/geninfo/notarymanual.htm

A jurat on the other hand and you screwed this one up.

Reply by LKT/CA on 8/28/08 11:06pm
Msg #262476

Re: The state says as long as it was an Ack

Regardless of whether this is a loan signing or not, for California, if a jurat is pre-signed, the Notary just draws a line through it and has the client sign in front of them OR switches with the borrowers copy and has them sign that one . Not a big deal.

Reply by jojo_MN on 8/28/08 8:45pm
Msg #262448

I would replace it with her copy and have her sign that one.

Reply by KODI/CA on 8/28/08 8:56pm
Msg #262452

check out the new thread on 262325

it will blow your mind

Reply by MistarellaFL on 8/28/08 9:43pm
Msg #262460

Like JojoMN, I would just have her sign HER copies of jurats

and have her acknowledge her signature on the acks.

Reply by LKT/CA on 8/28/08 9:15pm
Msg #262455

If it is an Ack, it is okay that she signed it ahead of time, though she should have waited for the Notary before signing. She does not have to re-sign it. Just ask her if she acknowledges that that is her signature. Get a verbal YES from her. Compare that signature with all the others and her ID. ID her as you normally would and have her sign the journal.

Reply by Gary_CA on 8/29/08 7:10am
Msg #262510

I'd advise you to seek advice

As others have said, you don't have to have her resign if it's an ack.

But I would. #1 Just to be safe. #2 Because the LO present knows better and I'd want him/her to know I was on the ball.

Also... I'd be very nice to the LO, but I wouldn't let them make my notary decisions for me. They can do the rest of the signing, no problem, but not decide things like whether or not I want the doc I'm acknowledging signed in my presence... or whatever.