Posted by Kathy/ID on 1/25/08 8:39pm Msg #232441
Help on paper in e-docs
I have a form in my e-doc package that asks for type of id, full name on id, ID #, birth date and expiration. All of that is fine, just wanted you to know. The problem I have is on the next 2 things it requires. notary signature and stamp. There is no ack or jurat or any place for borrower to sign this document. So If I sign it and stamp it am I not notarizing my own signature? Please help.
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Reply by GA/Atty on 1/25/08 8:44pm Msg #232442
Some title companies and lenders like to have your stamp and/or seal on the ID form not for purposes of notarization, but strictly as evidence that you are in fact a Notary. That sounds like what it is.
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Reply by docs1954CA on 1/25/08 8:45pm Msg #232443
Just make sure you void your seal n/m
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Reply by Linda Juenger on 1/25/08 8:45pm Msg #232444
I fill in everything but DON'T stamp it. Never a problem.
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Reply by Becca_FL on 1/26/08 12:08am Msg #232465
Huh? I don't know what the laws are in GA or ID, but...
in Florida this wouldn't fly. PAW has an excellent ID verification form available on his site that meets most state requirements. Use it...I do and I have never had a problem.
http://www.pawnotary.com/forms/Visual%20Verification%20of%20ID(v4a).pdf
I am NOT an attorney, blah,blah,blah...I hope you get it. USE MY RECOMMENDATION AT YOUR OWN RISK, I AM NOT AN ATTORNEY.
Nuff said? okay.
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Reply by LKT/CA on 1/25/08 8:56pm Msg #232446
Not sure about other states but CA, Notary is not to put stamp on anything that doesn't have notarial verbiage and also, we're supposed to be notarizing borrower's signatures and if the borrower has not signed it....... Sometimes these TC's throw in wacky forms that are non-compliant with notary laws and regulations. Sounds sort of like the Patriot form where that info is requested and the Notary signs but doesn't stamp.
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Reply by MikeC/NY on 1/25/08 9:26pm Msg #232451
You're not notarizing your own signature...
... you're just providing proof that you're a notary,
Check your state law - does it control the use of your stamp? If so, there's your answer.
If not, it's up to you whether or not to use your stamp on this document. Either way, there's nothing sinister about it; if the person asking you to do this just wanted a copy of your stamp, they wouldn't bother asking - they would simply lift it off some other notarized document in the package.
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Reply by Linda_H/FL on 1/25/08 9:31pm Msg #232452
Re: "you're just providing proof that you're a notary"
They have that proof on all the other affidavits throughout the package...I don't stamp this, but let the party that hired me know that I'll sign it but won't be stamping it...they haven't had a problem with that.
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Reply by Gerry_VT on 1/25/08 10:08pm Msg #232454
When they ask for "type of id, full name on id, ID #, birth date and expiration" do they want YOUR type of id, full name... or that of the signer?
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Reply by Kathy/ID on 1/25/08 10:13pm Msg #232455
It is the Borrower's info.
I have talked to the title company and advised them that it is against state law (after looking it up) to stamp this page. I will sign it but not stamp it. They were ok with that.
Thanks everyone,
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Reply by GA/Atty on 1/25/08 11:45pm Msg #232463
If you had decided to give into temptation and stamp it anyway, maybe Chris Hansen would have stepped out from the kitchen and been like, "Hi Kathy, what are you doing?" "Is that a notary stamp in your hand?" "Oh, so you were just here to talk - you weren't going to stamp that page, right?".................... Then the cops tackle you on the lawn on the way out!
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Reply by BrendaTx on 1/26/08 5:11am Msg #232474
LOL...that's funny, GA/Atty! n/m
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Reply by CF on 1/26/08 8:36am Msg #232483
Re: LOL...that's funny, GA/Atty!
That is really funny! My thoughts: complete the assignment and collect your paycheck!!!!
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Reply by SharonMN on 1/26/08 7:32pm Msg #232571
I've had this conversation with several companies. It seems the problem arises because some states may allow this as a notarial act (at least that's what the companies tell me - seems to happen most often with Indiana-based companies). In MN, I can certify a copy (i.e., a photocopy or exact and complete transcription) of certain things, but I can't certify that a statement is true. I give them 2 choices:
1, I can sign it as "signing agent" without notary stamp. 2. I can have the borrowers sign it and I can do an ack on THEIR signatures.
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