Posted by Les_CO on 5/29/08 7:07am
Msg #249163

Question for PAW

In an older post you mentioned as per FL law:

"That list only pertains to the notary. i.e., a notary cannot change anything in a written instrument after is has been signed. That statute doesn't stop anyone else from changing anything."

Does this mean in FL if I have a borrower sign, say a DOT. I then notarize the signature, but, need to change the venue, and perhaps the date in the notary block, that I’m doing something illegal? Also would ‘filling in blanks’ be construed as changing? Or printing in my name? Must I notarize these documents BEFORE they are actually signed?

Reply by BrendaTx on 5/29/08 7:11am
Msg #249164

Not Paul, but...

Les...the notary certificate is different than the document.

Reply by Les_CO on 5/29/08 8:38am
Msg #249177

Re: Not Paul, but...

I quote "anything" "in a written instrument"
I know the notary 'block' or 'certificate' is widely considered the notaries domain. That's why I asked. I often get out-of-state documents particurlary DOT's that have the borrowers signature on one page, and the 'notarial block', or wording on the next. I usually have them sign, THEN I notarize, and change what I think I need to.

Reply by PAW on 5/29/08 9:29am
Msg #249189

As Brenda pointed out, the notary certificate is considered an "addendum" to the instrument. Logic and statutes dictate that the notary certificate cannot be completed until the document is signed as the certificate is the "certification" that a certain notarial act has been completed.

My lay interpretation (since I am not a member of the Florida Bar, authorized to practice law in the state of Florida) is that once the instrument is signed by the principal(s), it cannot be changed by the notary. For example, IF the RTC signatures had to be notarized, the dates within the document itself would need to be completed correctly prior to the borrower(s) signing it. (Of course, they should be anyway.) If the dates were incorrect or missing, the document would need to be resigned and the notarization redone.

Reply by Les_CO on 5/29/08 9:47am
Msg #249201

"Addendum"...Got it!
Thanks!