Posted by Gary_CA on 4/14/09 7:51pm
Msg #284993
"We strongly encourage..."
This from a loan packet instruction sheet (from the doc preparer not the SS)...
The acknowledgment included in this package is optional. We strongly encourage you to sign and stamp it just in case you forget to sign or stamp or make a mistake on one of the loan documents. This acknowledgment can only be used for documents in this specific package.
Now that's encouraging! I strongly encourage you not to ask me to falsify my notary journal (if I stamp an ACK I have to put the document it's attached to in the journal, if it's not attached to anything my journal is falsified --or intentionally left blank, thus false -- any way you look at it.)
Just asking me to do this is a misdemeanor in CA and I wouln't do it anyway.
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Reply by Ernest__CT on 4/14/09 9:01pm
Msg #285022
LMAO! Just because they ask us to do something illegal, ...
... it doesn't mean that we have to be dumb enough to do it.
I reject or ignore _all_ such requests. Just like a reject a request for a sample of my seal. (And man, talk about stupid requests!)
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Reply by Marian_in_CA on 4/14/09 9:16pm
Msg #285030
Heh. My response would be something similar,
'Dear Document Preparer,
I understand that you'd like to make sure everything is covered in case I overlook something, but I need to strongly encourage you to review California notary law. This is important to all California notaries as well as yourself. You see, California law states that a Notary Public cannot affix his/her seal and signature on a blank or "spare" document. Each notarial act (stamp and seal) must correspond in our journals to a specific document. Violating this rules subjects the notary to civil judgments and possibly even criminal prosecution.
But, it's not just that... according to California law, the mere act of asking a Notary Public to violate state law is a misdemeanor. That means that you are breaking the law just by asking or encouraging us to something we shouldn't.
Obviously, nobody wants to see the Secretary of State punish us... so for everyone concerned, you should remove your request that a California notary fill out this extra form. No law abiding notary in California should do it, and now that you know it's against law... neither should you else you be prosecuted for violating the law, too. If you have questions about this, I suggest you contact the CA Secretary of State's Notary Public Section at (916) 653-3595."
That's similar to an email template I've used several times when I've been asked to do something illegal.
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