Posted by pjc on 11/16/09 12:57pm
Msg #311127

Venue question

I have checked my State reg's and the orange search button and I still do not have a definitive answer. My question: Can a notary notarize a doc which does not have a venue? Somewhere, I thought, that I read that one cannot notarize without the venue.

A bank's docs had two different pages titled ". . Affidavit" but neither had a venue. At first I notarized each. Then standing inside Fed Ex/Kinko and reading my State Law book (and finding nothing) I put a line through each.

It is not a crisis because I am now sending a loose acknowledgment for each - and - the title company is contacting that bank to have them change those docs to include a venue.

But, for future interest, what is the answer?

Reply by LKT/CA on 11/16/09 1:03pm
Msg #311130

If there's no venue and the rest of the notarial wording is CA compliant, I just hand write in the venue. I see no reason to replace the whole notary wording with just the venue missing - unless it's one of those documents where the wording is all crammed together and there's no extra room.

If there's no venue and the rest of the notarial wording is non-compliant, I will add a loose certificate or if it's a jurat and there's room, I will use my jurat stamp.

Reply by Mdene_AZ on 11/16/09 1:04pm
Msg #311131

I would always do a loose acknowledgement which has all info on it.

Reply by Glenn Strickler on 11/16/09 1:08pm
Msg #311132

Loose acknowledgment if there is no room

to hand write in the venue.

Reply by pjc on 11/16/09 1:15pm
Msg #311137

Re: Loose acknowledgment if there is no room

Many thanks everyone. There wasn't enough room on the page. I could have sent a loose ackn. as you have mentioned, but again, I had in the back of my mind "no venue, no notarization". Glad to learn otherwise.

Reply by JanetK_CA on 11/16/09 3:15pm
Msg #311155

Re: Loose acknowledgment if there is no room

I look for notarial verbiage and a signature line that says "notary" to determine if a doc needs to be notarized; NOT a venue. I've seen some docs that DO have a venue, but no notary language or notary signature line, in which case, I wouldn't notarize it. If in doubt, always try to check with your client.

Like the others, if the venue is missing -- which sometimes gets forgotten, especially on non-loan docs where someone's secretary is typing it up -- I would do like the others and just write it in. If space is a problem, you can put state and county on the same line, side by side, if that helps.

Reply by Roger_OH on 11/16/09 1:23pm
Msg #311140

The whole purpose of the venue is to indicate a) that the notary has jurisdiction in the location wher the signature is affixed, and b) if there's ever a legal issue, which court has jurisdiction over the document.

Venue is one of the basic elements of notarization in every state.

Reply by Linda_H/FL on 11/16/09 1:36pm
Msg #311142

Re: Venue question...from your handbook...

RCW 42.44.090...note the second sentence.

"(1) A notarial act by a notary public must be evidenced by a certificate signed and dated by a notary public. The certificate must include the name of the jurisdiction in which the notarial act is performed and the title of the notary public or other notarial officer and shall be accompanied by an impression of the official seal or stamp. It shall not be necessary for a notary public in certifying an oath to be used in any of the courts in this state, to append an impression of the official seal or stamp. If the notarial officer is a notary public, the certificate shall also indicate the date of expiration of such notary public's appointment, but omission of that information may subsequently be corrected."

RCW 42.44.100 gives sample acceptable certificates...all containing a venue.

Hope this helps

Reply by CopperheadVA on 11/16/09 1:50pm
Msg #311144

I encounter many docs that do not have the venue. I always handwrite it in. I try not to use loose certificates if at all avoidable. I can't imagine there would not be enough room to write in the venue, though. Here in Virginia, our notary certificate is preferred by the state to be on the same page as the signer's signature(s), but we may use a loose certificate as long as the signer's name(s) appear in the notarial statement.

Reply by OR on 11/16/09 4:37pm
Msg #311171

I just write it in sometimes under my name with my notary expiration date. That has always covered it.

Reply by Laura_V on 11/17/09 9:33am
Msg #311230

You handled it perfectly + Linda's right n/m

Reply by Mary Ellen Elmore on 11/19/09 7:55pm
Msg #311629

This is why I have a venue stamp. It reads:

State of Tennessee
County of _____________

I stamp it on the document that does not have venue and fill in the county.

I have no idea why you crossed out your notarization and did a loose certificate--you could have printed the venue in.