Posted by canotarygal on 1/5/08 10:02am
Msg #229045

Ca. ever heard of Bay Docs, Inc.?

It is my understanding that this company prepares, or rather prints out the documents for escrow companies. I had a signing this week, docs. dated Jan 3, and the docs still contained the old acknowledgment wording. This was a reverse mortgage, and usually for me I never have to attach anything because it's always there. So I pointed this out to the L/O, and he seemed a little annoyed, and assured me Bay Docs, keeps up to date on everything, so I signed and billed them. So do you think it will be accepted? There has been such a big deal made over this new wording.Love to hear some feedback on this. And yes, I did do a search on this already and nothing past posted came up.

Reply by GWest on 1/5/08 11:43am
Msg #229057

I'm not sure I understood. Did you attach the correct acknowledgement or use the old one? The new acknowledgement wording must be used on anything notarized on or after 1/1/08. It will probably take some time before the lenders update their forms to include the new wording. Most lenders have still not changed the jurat wording, and that law changed a year or two ago.
I would have attached the new acknowledgement and lined through the old acknowledgement on the document and state "See Calif Acknowledgement Attached"

Reply by Carmi/CA on 1/5/08 11:43am
Msg #229058

From what I understand the new wording IS important and MUST BE followed. The old forms will be rejected by the County Recorder's office.

Reply by LKT/CA on 1/5/08 12:42pm
Msg #229062

<<<<<I had a signing this week, docs. dated Jan 3, and the docs still contained the old acknowledgment wording................so I signed and billed them.>>>>>

If you signed the old acknowledgement, it will not record. Don't rely on loan officers and others to keep up with notarial law changes. That's the Notary's responsibility. It is helpful to inform them, but you still have to do what YOU know to do.

Reply by canotarygal on 1/5/08 1:54pm
Msg #229071

Yes, the wording was incorrect, and I told the LO this. He told me that Bay Doc. knows what they are doing. He did not want me to add an attachment.So, I will cinclude this next week with part 2 . Did I mention that the LO was with me, at the closing?

Reply by desktopfull on 1/5/08 3:03pm
Msg #229074

The wrong acknowledgement was used on the say so of a

a LO, apparently he didn't want to get the document recorded. You need to go to this website and read the current requirements for CA:

http://www.sos.ca.gov/business/notary/forms/notary_newsletter_2008.pdf

It's your responsibility to use the correct acknowledgement/jurat regardless of what someone else tells you to do, it's your commission that's on the line. They don't care if you get fined or lose your notary seal.

You can bet that they will be back at your door to fix this one at your expense because the wrong acknowledgement was used even though you told them their's was incorrect. Next time tell whomever that you must use the correct form.

Reply by CaliNotary on 1/6/08 7:41pm
Msg #229162

"Yes, the wording was incorrect, and I told the LO this. He told me that Bay Doc. knows what they are doing. He did not want me to add an attachment"

You obviously are familiar with the change in notary law, so I don't understand how you could possibly notarize something with the old wording. It's not like the law is vague, after Jan. 1 that's what we have to use, period.

What on earth would possess you to let anybody tell you what notary wording to use, especially when you know darn well it's the wrong one?

Reply by ZeeCA on 1/5/08 4:09pm
Msg #229078

You were not taught to carry blank acks and jurats? A lot

of docs are printed in other states and don't always have the correct wording so you whip out a blank and do as described above.... as a Notary it is ULTIMATELY your responsibility to ensure that the language is correct as YOU are stamping it etc.

JMO

Reply by Genene Restivo on 1/5/08 4:57pm
Msg #229081

Re: You were not taught to carry blank acks and jurats? A lot

I worked for Bay Docs for several years and yes we did just prepare loan docs for reverse mortgages. The owner is very good at keeping up to date with changes, usually. However, you should have used the new acknowledments for 2008. IF you have not already sent the docs back you could still attach a new certificate.
PS Don't ever let a loan officer tell you how to do your job!
Good Luck

Reply by Therese on 1/5/08 5:07pm
Msg #229082

sometimes

if one is new as signing agent dutiescan be a bit confusing a first. It is not up to use to decide what is to be notarized (not to say it isn't wise to have an idea), however it is our duty to see that the certificate of acknowledgment or the jurat is in compliance with our state laws. IF it is not we are to attach a new certificate with the proper notarial wording. We certainley need to know that much. The LO or BO or EO or any other O cannot dictate this part of our job.

Reply by Linda Juenger on 1/5/08 5:20pm
Msg #229083

Re: sometimes

If the LO was at the table, all he cared about is getting the signatures so he gets his commission. He could care less about the laws you have to follow. Of course, he will try and convince you that its ok. Hold firm and do what's right.

Reply by canotarygal on 1/7/08 2:26pm
Msg #229304

Re: MONDAY UPDATE! L/O apologizes

I recieved a call from the L/O regarding my acknowledgement. Looks like he needs an updated one from me. He said he was sorry, since I did point it out to him. That was nice. I am doiong another signing tomorrow for him. Yes, I am ready with my new acknowledgments!