Posted by Notary_OH on 11/3/08 12:27pm
Msg #268926

(Ohio) Notarizing Auto Cetificates of Title

Auto certificates of title are small documents with no room to legibly apply a notary stamp. So I always fill out the acknowledgement section and on the notary signature line put "see attached acknowledgement". Then I staple a loose certificate with all pertinent information, names, document title, my signature and stamp.

A car buyer called me today and said that an office of the Ohio BMV has never heard of that procedure before and would not accept it as proper notarization.

Any thoughts or ideas on proper procedure, notary law, etc.?

Reply by Roger_OH on 11/3/08 1:06pm
Msg #268931

You can avoid the grief by simply using an embossed seal instead of a stamp on Ohio vehicle titles, so all info is legible and visible.

Note too that the notary language on Ohio vehicle titles is a jurat, so you need to give the oath to both seller and buyer (if the latter is present).

PM or call me if you need more info.

Reply by SharonH/OH on 11/3/08 6:17pm
Msg #268951

That's only if you are having the Buyer complete the Application for Certification of Title on the bottom half of the form. It has been my understanding that that portion is usually completed, signed and notarized at Auto Title Clerk of Courts when the Buyer registers the vehicle. I've never been asked to notarize Buyer's signature. That portion has never been completed in my presence, just the Assignment of Ownership by the Seller, on the top half of the form.

Reply by Roger_OH on 11/3/08 8:41pm
Msg #268963

The seller(s) is signing under oath as well, affirming buyer info, price, and odometer. The buyer doesn't have to be present (seller just has to have name/address) and can provide completed title to buyer at another time.

If both are there together, I always ask the buyer if they'd like to complete their part as well, and they most always do.

Reply by Carole Breckbill on 11/4/08 8:40am
Msg #268976

This is the reason I refuse to do auto titles. There's no room for notary stamp. (Besides, they are a pain for other reasons too.) Why get an embosser just for auto titles? On a related matter, I had a callback from a person for whom I notarized a POA done by her mother in a nursing home. A local bank refused to accept the POA because it was stamped rather than embossed. I used this as a "teachable moment" and then suggested that if they had any further questions or issues they were to refer the banker to the Stark County Bar Association. Not everybody in positions of "authority" have experienced everything. In addition to everything else, sometimes we need to be teachers too.

Reply by Claudine Osborne on 11/4/08 11:57am
Msg #268984

I notarize many Vehicle Titles. I always use my embosser for this. I usually get the buyer and seller at the same time so they ask me to do both. If not then the buyer takes title to the Title office and they do it there. I do give the oath. Ohio does not give clear answers to the many notarizations that we are asked to do! Rules differ from County to County! I was told by my county bar association when I emailed a question early in my career. They responded "you don't have to do anything but watch them sign"!