Posted by Bubba/CA on 2/16/08 2:39pm
Msg #235591
Need quick advice!!
I had these signings for Vioxx settlement cases, in both cases claimant is deceased, so spouses are signing as representives. the only doc needed notarization is release of all claims, where only spouses names are listed. claimants names are not listed on this release so i am only notarizing spouses names. I notarize and had spouses sign their names in the other designated spots. I fax copies back and they call me back and state that in all places where spouse signed, they want the phrase Signing in capacity of named claimant on signature line. My concern is the document I notarized they want this phrase added to signature line....I have never had this happen so any advice is greatly appreciated..
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Reply by Sylvia_FL on 2/16/08 2:43pm
Msg #235592
Just the same as a signer adding as attorney in fact for signer.
If they want the signer to add that they are signing in a capacity on the signature line, then the signer needs to add that.
You don't add the capacity to your notary certificate.
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Reply by Yvonne Precise Notary on 2/16/08 2:49pm
Msg #235593
The phrase is only being added to signature line, not in the not. wording
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Reply by Bubba/CA on 2/16/08 2:51pm
Msg #235594
Yes, only on the signature line, not not. wording
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Reply by Rachel/ORWA on 2/16/08 5:40pm
Msg #235622
Check your laws; in OR capacity is in Cert also. n/m
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Reply by Sylvia_FL on 2/16/08 6:03pm
Msg #235626
Re: Check your laws; in OR capacity is in Cert also.
California does not allow the capacity in the notary certificate.
There is sometimes an optional block a CA notary can check the capacity of the signer.
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Reply by Pat/IL on 2/16/08 9:41pm
Msg #235643
Re: Check your laws
I would not add it after the fact. Whether or not your state allows for notarizing capacity, it should be evident that the signer intended to sign in that capacity.
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Reply by christiSocal on 2/16/08 10:11pm
Msg #235650
I'm doing a couple of these on Mon.
I haven't seen the docs yet, so thanks for the heads up!
I guess this means the Vioxx lawsuits are wrapping up...
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