Posted by davidK/CA on 12/5/08 6:24pm
Msg #271204

When do you apply your seal?

Today a "NNA Certified" Notary came to my house to notarize some sale documents for my Daughter. I noticed that he filled out the Acknowledgement on the Grant Deed and signed his signature, but didn't apply his seal. I always "seal" a document at the time I fill out the Acknowledgement or Jurat, and don't feel that doing it later is the correct or best procedure, legal or not.

Comments?

Reply by Linda_H/FL on 12/5/08 8:42pm
Msg #271210

At the table right after I sign...

the certificate and notarization is complete when I move on to the next document.

Reply by Marian_in_CA on 12/5/08 8:44pm
Msg #271211

I'm with you David.


In general...


1. Journal everything first.
2. Signer signs doc (if not already done) and journal.
3. Fill out the ack.
4. Proofread the ack.
5. Sign my name.
6. Apply seal.

Reply by Claudine Osborne on 12/5/08 10:18pm
Msg #271214

I notarize as I go..I feel this is the proper procedure. I know others notarize later at their convenience saves time at the table.

Reply by Sarah/CA on 12/6/08 12:46am
Msg #271219

Right then and there every time. n/m

Reply by GA/Atty on 12/6/08 6:58am
Msg #271222

I usually don't fill anything out at the table........

I get the borrowers' signatures and then get the heck out of there and notarize everything later, at my convenience.

It's the best procedure for me.

Reply by Donnie Spencer on 12/6/08 10:15am
Msg #271239

Re: I usually don't fill anything out at the table........

singning at table takes too long. I review each of the documnts at my office and apply my seal there. Makes me review the documents page by page.

Reply by Linda_H/FL on 12/6/08 10:43am
Msg #271242

Signing and sealing at the table doesn't take that long

at all and you should be reviewing the docs at the table before you leave to be sure all signatures and initials have been obtained where required - ensures the job has been done properly and avoids revisits. MHO

Reply by PAW on 12/6/08 7:15am
Msg #271223

FL law requires us to stamp at the table

The act must be completed in the presence of the signer. [FSA §117.107(9)] Signing and sealing are parts of the act. "Any notary public who violates this subsection is guilty of a civil infraction, punishable by penalty not exceeding $5,000, and such violation constitutes malfeasance and misfeasance in the conduct of official duties."

Reply by CF on 12/6/08 7:18am
Msg #271224

I notarize as I go and if it is going to slow me down

I make a pile of docs that still need to be filled out and stamped and do that at the end. The borrowers can get up and get their check book- for the fund due or to get their funds back- make me a copy of their DL (if they have that ability). Then I wrap it up. All done at the table in most circumstances. If the BO is in a big hurry- then I keep a pile and notarize after the fact. I am pretty fast; and fill out as they are signing other docs too.

Reply by TRG_wy on 12/6/08 8:13am
Msg #271226

At the table in front of the signer(s).

Not only do I feel it shows professionalism, it shows the signer that the task was completed and also gives me the opportunity to review throughly their signature and the venu wording. If there is an error anywhere it is caught and corrected immediately (I have seen several over the years).

When I leave the table I know things are in order. I guess I follow FL law as Paw stated it to be above.

Reply by MistarellaFL on 12/6/08 8:31am
Msg #271229

Many things can happen from point A to point B

For those of you who don't complete the notarial certificates at the table,
have you ever considered that you could die between point a and point b?
Traffic accident, heart attack, whatever?

Reply by John/CT on 12/6/08 8:55am
Msg #271232

Then what?

Dox would have to be redrawn, new appointment set, etc. Meanwhile, the borrowers might loose their rate lock ... or even have their "new" loan denied for a host of reasons. We owe everyone "upstream" from us, starting with the borrowers, to have completed our work so that the process will be able to go forward ... notwithstanding what happens to us afterwards.

Reply by Sylvia_FL on 12/6/08 10:00am
Msg #271238

Re: Many things can happen from point A to point B

I had one signing agent do a signing for me. It was the first time I had used this particular signing agent so I required her to fax me back the notarized pages after the signing so I could check she had followed FL notary laws on filling out the certificates (you would be surprised how many notaries do not complete the certificates correctly).
This was on a Friday. I get a call from her that evening, she had done the signing, and was going to complete the notary certificates when she got home. However when she arrived home she discovered she had left her notary seal at the borrowers. Apparently it had fallen out of her purse. (Mine was always in my briefcase with other notary supplies)
Unfortunately the borrowers had left town right after the signing and they wouldn't be back until late Sunday night. I told her she would have to contact the borrowers ASAP and get her seal back and do whatever she had to do to make sure she had her seal back and could complete those notary certificates so the docs could go out on Monday.
She actually called me at 1am Monday morning!!! The borrowers had returned home at 11pm and she went over then and got her seal, and felt she had to wake me up to let me know at 1am!!!

It is very important to complete the notarization in front of the borrower at the time of the signing. Here in Florida it is the law.

Reply by CT_Notary on 12/6/08 9:42am
Msg #271235

State law applies. In my State, notary does not need stamp, journal or embosser! With regard to completing notary block, we can do it at home afterward. But, once we start filling in our certificates (no matter where), we are required to complete the block.

Reply by John_NorCal on 12/6/08 10:44am
Msg #271244

I review all documents at the borrowers table...

and stamp all notarizations as I go along. This way I can double check to see that I haven't missed anything before I leave and assuming I have no fax backs, I can drop the package off at FedEx or UPS if it's within pick up times. I hate leaving the borrowers house only to find that I missed something, and why make double work by checking docs again once I leave? Very rarely do I miss something.

Reply by LynnNC on 12/6/08 12:06pm
Msg #271269

I notarize documents at the table...

...when they are executed, then, I go through the loan package at the end of the closing to make sure I didn't miss anything.

Reply by RJE/MI on 12/6/08 1:13pm
Msg #271281

Re: I notarize documents at the table...

I had one last night where borrower was annoyed at all the docs he had to sign and trying to pressure me to hurry and I mean hurry.

I won't go into all of the complications that slowed everything up including but not limited to not having the proper ID ready and copied that I told him I would need when I called to confirm and there being almost 300 docs (many duplicates) that needed to be signed.

At the end as I was going through the pkg. to make sure I did not miss and sigs. or initials. He told me I would have to do that at home and get back to him if anything else was needed because he needed to go. I had a feeling that if I did not get everything I needed from him while I was there I would have a hard time getting a hold of him a later date. I told him I had to do it now but I would be quick about it.

Needless I did miss initials on one page. It was one of three loan apps. in package.

I always always stamp and go through the pkg. at the table for missing items because lets face it we are not perfect and things do get missed once in a while. I do not feel like I should be spending my time running around after the fact. I think it makes me look unprofessional if I have to call and come back for an initial or sig. This is just my opinion and what works for me.

Reply by LKT/CA on 12/6/08 7:56pm
Msg #271304

I agree with GA/Atty n/m