Posted by NCLisa on 8/30/08 11:30am
Msg #262723

Illegible notary stamps! Questions for ya'll!

What states do not require a notary stamp to be legible?

If you lived in one of those states, and did out of state closings, would you make sure your notary stamp was legible?

Would you make sure your stamp was legible even in your own state if not required?

Reply by Linda_H/FL on 8/30/08 11:39am
Msg #262724

Without researching every state requirement

I would think any state that requires a stamp requires it to be legible (WV does too, although they say it doesn't invalidate the transaction if it's not) to me that little disclaimer says "we want it legible but can't be bothered enforcing that it is"...sorry..MHO

Yes, I'd make sure my stamp was legible no matter what the requirement..just like my signature..but that's just me...

Reply by Paul2_FL on 8/30/08 11:39am
Msg #262725

Don't know, yes & yes

Reply by OR on 8/30/08 12:28pm
Msg #262734

I read your earler post and was wonderinf why the Notary did not just take out the rubber part of the stamp set it on an ink pad. Then press it on a ack or a jurat and name all the docs that it would have applyed to and send it to you and the title Company her cost would have been @$25.00 and everything fixed. I guess not every one thinks out side the box. Good Luck

Reply by Linda_H/FL on 8/30/08 12:45pm
Msg #262737

I disagree with this procedure

"just take out the rubber part of the stamp set it on an ink pad. Then press it on a ack or a jurat and name all the docs that it would have applyed to and send it to you and the title Company her cost would have been @$25.00 and everything fixed"

Maybe that flies in OR but I don't think it would fly here in FL or in many other jurisdictions for that matter.

Reply by Teresa/FL on 8/30/08 1:01pm
Msg #262739

So you're suggesting that the notary provide loose certificates for each document that was notarized? My understanding of the original post/thread is that the mortgage needed to be recorded on Friday, so even if this would be an acceptable fix it would not meet the deadline for recording. IF the error had been discovered on Thursday when the signed package was delivered, there may have been enough time to fix the problem, but since there were other issues (white-out on the RTC, no note returned in the package) it looks like a redraw for a new signing would be in order.

Of course it is up to the lender to made that decision, but the fact that it is a refi of an FHA loan further complicates this due to the FHA payoff requirements.

Reply by Linda_H/FL on 8/30/08 1:13pm
Msg #262742

No Teresa....

she's suggesting the notary provide ONE certificate with a fully legible stamp and indicate on the certificate ALL the documents it applies to....

Reply by Teresa/FL on 8/30/08 1:21pm
Msg #262743

That's a riduculous suggestion

and I doubt that it would be allowed under any state's notary laws.

I do not know the laws in NC or WV, but it would not fly in Florida.

Reply by PAW on 8/30/08 1:07pm
Msg #262741

WHAT???

JoAnn, please read YOUR notary manual. The Oregon Notary Public Guide, pg 26, talks about how to complete a loose certificate and pg 27 discusses how to correct notarial errors after the notarization is complete. It is NOT what you are suggesting to do. What you are recommended is not proper and, by Oregon standards, not authorized.

Reply by BrendaTx on 8/30/08 2:58pm
Msg #262750

Re: WHAT???

Wait!

Do you mean that notaries can't just do whatever occurs to them? ...that somewhere the law regarding proper procedures figures into how to do notary acts?

Wow. Mighty narrow minded of you all.

(Jesting, of course.)

Reply by NCLisa on 8/30/08 12:34pm
Msg #262736

I have 4 notary stamps, and if one has problems, I always have another to use. I would make sure that my stamp were legible no matter what my states requirements were.

Reply by MelissaCT on 8/30/08 1:05pm
Msg #262740

Stamps are so inexpensive, that I buy one every year. Especially if she knew that her stamp wasn't working properly (as disclosed in your original post), she should have been professional and either:

1) not used the stamp, if it's not a requirement of her state (CT doesn't require use of a stamp & I know other states don't either, although lenders like to see it anyway)

2) replaced her worn stamp before the transaction

3) rocked the stamp side-to-side to get a clearer impression (sometimes this helps)

In any case, to use a worn stamp repeatedly when you know the impression isn't legible/clear is unprofessional. This notary obviously is not a problem solver of any kind. She didn't just make a mistake, she knew there was a problem and failed to act upon it. There's no excuse for that.

Reply by Linda Juenger on 8/30/08 1:47pm
Msg #262744

I am too much of a perfectionist to ever let an illegible stamped doc get sent out. I will either replace it with the borrowers copy or attach a loose cert. That's just me.

Reply by Tony_FL on 8/30/08 1:49pm
Msg #262745

Another VALID reason to stamp WHILE AT the table! n/m

Reply by Teresa/FL on 8/30/08 1:52pm
Msg #262746

I will usually re-stamp the document if there is room to do

so, otherwise I attach a loose certificate.

Reply by Tony_FL on 8/30/08 2:25pm
Msg #262749

The very reason I have 2 different stamps ..

.. that way if one becomes defective, I am not left having to wait for a shipment of a new stamp before I can continue working. I have one larger circular stamp for general work and deeds/mortgages, etc and a smaller stamp that I use specifically for wedding licenses (they have very limited space). Since both contain the same information; they can be used for any purpose.

Reply by LynnNC on 8/30/08 10:42pm
Msg #262778

How can you use a large circular stamp ...

...and not have it cover printing on the document? I am very consious about not having my stamp cover any wording, especially on any form of deed.

Reply by JanetLA on 8/30/08 3:23pm
Msg #262751

No stamp or embossing required in Louisiana

We are only required to print or type (or stamp) our name and notary ID number... As always, we are different

Reply by NCLisa on 8/30/08 4:02pm
Msg #262754

What do you do for out of state docs?

Do you have a stamp or embosser?

Reply by JanetLA on 8/30/08 5:03pm
Msg #262764

I always check on other state requirements with the company

that hires me. I have both seals and embossers of all types and ink colors. They even say different things since we have no requirements. Some have just my name and commission number, some with our state seal, some with my parish (county) of commission... Also, our commissions never expire so some of them say "lifetime commission". I have several stamps that only say " commissione for life" to stamp in the areas that ask for expiration date. Saves money -- and they last much longer-- since our commissions are for life we don't have to buy a new one every year or two.

Reply by Philip Johnson on 8/30/08 4:49pm
Msg #262762

Section 10B-37 F of the NC Notary reg

says about the same thing that the WV regs say about legibility. So the folks down at the registrars office might need to bone up on their regs. Again I am not siding with the notary who boned this up, but it looks that both states have provisions to right this.







http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/ByChapter/Chapter_10B.html

Reply by NCLisa on 8/30/08 7:16pm
Msg #262769

Re: Section 10B-37 F of the NC Notary reg

While a defective seal won't invalidate a document, it won't meet the NC recording standards.

Reply by Philip Johnson on 8/30/08 7:59pm
Msg #262773

Lisa, not to beat a dead horse, but

GS 47-14 (f) last sentence speaks to registering when legibility is in question.

http://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_47/GS_47-14.html

http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/ByChapter/Chapter_10B.html

I'm familiar with this, because my folks had a problem in Buncombe county along the same lines and they prevailed in getting this registered.

Reply by NCLisa on 8/31/08 7:55am
Msg #262788

Re: Lisa, not to beat a dead horse, but

I've been recording docs here for almost 9 years now, and I've never gotten a document recorded if the seal was not 100% on the document. If it is smeared, but you can still read the notary's name, they will accept it, but if the name isn't there, it is not acceptable! I used to have a builder that would send me partial release deeds, and the notary in his office had an embosser that was worn out. 1/2 of the last name never impressed on docs. They were all rejected, had to write a letter to the builders notary to buy a new embosser or get a stamp.

The statute says that "The acceptance of a record for registration by the register of deeds shall give rise to a presumption that, at the time the record was presented for registration, a clear and legible image of the notary's official seal was affixed or embossed on the record near the notary's official signature." In this case, there can be no presumption that the seal was legible, as it was not. The entire center section of the seal was missing, so no name, county or state was there. It's not that the seal was illegible, it was defective and that information didn't even touch the page.