Posted by ebrand on 11/20/09 8:19pm
Msg #311724

Question about Notary Certification/Acknowledgment

So there is a separate acknowledgment, it reads as follows. I will write what I did afterwards and you can tell me if you think I handled it correctly.

State of Kansas
County of Riley

On the day of November 20th 2009
Berfore me, the undersigned, personally appeared
Mr. Borrower
Proved to me on the basis of satisfactory evidence to the be individual(s)
whose name(s) is (are) subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their
capacity(ies), or the person upon behalf of which the individual(s) acted,
executed the instrument.

I hereby certify UNDER PENALTY OF PURJURY under the laws of the State of Colorado
that the foregoing paragraph is true and correct. WITNESS my hand and official seal.


_________________
Signature and Office if Individual
Taking Acknowledgement

(Seal)

So, there are no typos above, that is exactly how it was. What I did was sign, stamp, cross out stamp. I have had to fill out my info and sign things like that before, they have clearly said "affix rubber stamp" or something similar. This seemed to me that it was asking me to notarize my own signature.

Am I getting this all wrong here? Or did I handle it right.

Thanks for your advice/opinions.

Reply by CopperheadVA on 11/20/09 8:37pm
Msg #311727

I'm not sure I follow exactly what you are asking about... Are you saying this was a separate, loose notary certificate that did not go with any particular document? If so, I would have left it blank or just taken it out of the package and not returned it. We can only complete and sign a loose ack if it goes with or is attached to a document signed by the person who appeared before us.

OR, are you talking about the State of Colorado thing? In which case, I would cross that sentence out and initial it, because I'm not a Colorado notary and it does not pertain to the notarial statement requirements in MY state.

Reply by Linda_H/FL on 11/20/09 9:05pm
Msg #311732

Agree with Linda...if a loose cert I don't complete it

It's against our regulations for us to provide loose certs that are not connected to any particular document.

I usually get the other language on loans out of California, then I'm certifying under penalties of perjury in the state of California - I cross that out and initial.

Reply by jba/fl on 11/20/09 9:43pm
Msg #311750

"I hereby certify UNDER PENALTY OF PURJURY under the laws of the State of Colorado
that the foregoing paragraph is true and correct. WITNESS my hand and official seal."

Since you are not in Colorado, you should have crossed this out and initialed.


"_________________
Signature and Office if Individual
Taking Acknowledgement

(Seal"

Sign on the line
underneath: your name, Notary Public

(Seal) Your notary stamp here

You are not ack. anyone but the borrower. This is not notarizing your own signature.

Now, if this was not attached to any document, I am in complete agreement with Linda and (forgot) and you would not fill out at all as it must be attached to something and not be "loose" for them to attached to lork knows what.

Reply by JanetK_CA on 11/21/09 3:35am
Msg #311768

The missing element here is what does YOUR state require for a notary acknowledgment? What you've posted is the exact verbiage that is required in California - except for the venue, etc., of course. [BTW, I do take issue with the no typos claim, but that's just me being nitpicky...] Some lenders often include an extra copy of the required verbiage, I guess in case it is needed to replace what is on some of the documents.

But like the others said, if it isn't attached to anything, you should just leave it alone. If, in fact, this followed a document which DID require an acknowledgment, then I think you should use one with the verbiage that is required for your state, not CA - unless this does not conflict with those requirements and is allowed by your state.

Reply by Claudine Osborne on 11/21/09 7:22am
Msg #311775

I will either take it out or put a sticky on it letting them know I did not forget to fill it out. We cannot notarize our own signatures.

Reply by LKT/CA on 11/21/09 1:28pm
Msg #311807

Aside from the venue, the notarial wording from the OP is not the EXACT CA notarial wording - it's close but not EXACT. It is missing portions of the last sentence near the end of the paragraph, plus we do not use the word "undersigned" anywhere in the certificate.

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

Reply by JanetK_CA on 11/21/09 4:47pm
Msg #311819

Good catch! I didn't read the whole thing. n/m

Reply by Lee/AR on 11/21/09 10:48am
Msg #311791

Just curious OT: Does CO have that perjury stmt. too?

Thought it was just a CA thing. No? Yes?

Reply by Doris_CO on 11/21/09 2:20pm
Msg #311811

Re: Just curious OT: Does CO have that perjury stmt. too?

No, Colorado does not have a perjury statement of any sort in our certificates. This looks like something someone made up because it looks very "legal".