Posted by goodgirl on 12/27/08 10:29am Msg #272873
Just Venting...
Why is it that so many people think that having a document notarized is nothing but a joke. I know I'm not the only one because I've read stories of such ridiculous things on Not Rot.
Went out last week to have an affidavit signed at a major hospital facility by a woman who was supposedly the head honcho of the med records dept. I go in, ID myself and ask for her. After a few minutes, she comes toddling out with this affidavit, and sits down next to me - in the waiting room among many patients - and begins talking about this patient's med records. Then she starts filling in the form and starts writing info INTO THE AREA WITH MY NOTARIAL WORDING... I stopped her, not too politely, I might add. She seemed so amazed and confused. I ask for her ID, and she told me she didn't have any ID there - it was in the car. I told her she would have to go out to the car and retrieve it. She said to me, "But it's so cold out. I've never had to do this before. No other notary has ever NOT TRUSTED ME WHEN I SAY I AM WHO I AM." I told her it wasn't a matter of trust - it was the law that I had to positively ID her and that's what I would either do, or I could not notarize the affidavit. I finally accomplished this notarization, but it was not easy. This morning, I get a call from some flakey woman who wants "to know about my notary service." I ask her what she wanted to know. She said she had a paper that needed notarized for the electric co. She wanted to know if she could FAX me the paper, I could notarize it, and FAX it back to her. Where do these people come from... These situations tell me that not only are people awfully stupid, but there are a lot of notaries out there who are not following the letter of the law and just doing whatever they feel like doing to make a buck. Sorry, just needed to vent.
| Reply by jba/fl on 12/27/08 10:52am Msg #272875
I think that the majority of people just don't know a fig about our position...just never needed to know.
| Reply by Steven Pearce on 12/27/08 11:23am Msg #272876
She was also commiting a HIPPA violation
by discussing the patient's info in a public setting AND by disclosing what you possibly don't need to know about the patient's condition.
She should know better.
| Reply by Yowheelz on 12/27/08 12:19pm Msg #272879
had similar situation in a hosp. records dept.
when I pulled out my journal and asked for ID she freaked and went looking for a supervisor. They both issisted that they had never had to show ID or sign a journal before. Well guess what, there is a first for everything!
As to the general public when I owned my store I had a walk in public notary service and the public just thinks we are an inconvenience. They arrived with pre-signed docs, no ID, papers for someone else and my favorite "just call my house they will verify who I am." The list goes on and on.
| Reply by sue_pa on 12/27/08 2:03pm Msg #272886
...She wanted to know if she could FAX me the paper, I could notarize it, and FAX it back to her....
Her sister called me a few years ago ... she wanted to LAZER me a document, have me notarize and LAZER it back to her.
| Reply by Yowheelz on 12/27/08 2:39pm Msg #272888
she must be related to the one that wanted to kow if her handwritten fax would come out typed on the other end. Isn't that what the AT&T elves do, transcribe handwritten faxes?
| Reply by Kathy Fletcher on 12/27/08 2:43pm Msg #272889
Re: Just Venting...my favorite
My father signed the document yesterday before he died and I need for you to notarize his signature on his will.
(I wanted to answer "Will he appear before me and swear he signed this previously?", but I bit my tongue.......
| Reply by Marian_in_CA on 12/27/08 4:52pm Msg #272900
One of many things I like about CA notary law is when they give the "Well nobody's ever asked before..." nonsense, I show them a copy of the law dictating what is required. That's especially helpful now that "personal knowledge" is no longer allowed. I also tell them that if they know who the notary was or still had a copy of whatever document it was, I'd be willing to verify their story by contacting the notary and requesting a copy of their journal entry for that transaction.
That usually shuts them up.
I think a lot of people who claim, "I've never had to do this before..." are just blowing smoke to see what they can get away with or they had friends who were notaries do things based on personal knowledge.
As far as public awareness about what notaries do -- there is very little. Most people think a notary legalizes a document.
Shoot, if you Google the definition of a notary, you get all kinds of answers. Obviously some of them are based on the International perception of what a notary is. Thing is, a lot of people who are from other countries really have a hard time differentiating sometimes.
Some definitions... obviously some of them are correct, others are way off:
"someone legally empowered to witness signatures and certify a document's validity and to take depositions"
"a civil lawyer"
"A notary public is one who can administer oaths and statutory declarations, witness and authenticate documents..."
"One authorized to attest official documents"
"One authorized to take acknowledgments"
"A public officer licensed by the state to attest to and certify the validity of signatures of others."
"The Notary acts as the public official when signing the public deeds, such as the sales or mortgage loan agreement. He is obliged to ensure that the purchase takes place in accordance with current legislation and to defend the interests of all parties, particularly the purchaserīs."
"Witnesses signatures and handles legal administration"
"One who is authorized by the state or federal government, to administer oaths, and to attest to the authenticity of signatures."
"The Notary is a Government Official who would usually act on behalf of both parties (buyer and seller). The Notary will conduct various searches but does not give independent advice."
"A person, designated by the state, which can certify the identity of a person when signing various documents."
"A public official who, depending on the state, has the power to acknowledge signatures, administer oaths and affirmations, take depositions and issue subpoenas in lawsuits. Notaries public are most commonly used to acknowledge signatures, especially on court papers such as affidavits."
| Reply by SharonMN on 12/28/08 6:00pm Msg #272965
Re: Just Venting...well said, Marian in CA
If even a lot of notaries and lawyers don't know what a notary is supposed to do - how the heck is the general public supposed to know? Especially if they have a document that comes from a foreign country where a notary is basically a transaction lawyer and a government registrar all rolled into one.
I honestly think it would be better if notaries didn't have stamps. People get really caught up in the official-looking glamour of the stamp and don't know that the stamp is only a symbol that the process of notarization took place.
| Reply by goodgirl on 12/28/08 6:49pm Msg #272969
Your responses were great. Really made me smile. Thank you all!
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