Posted by Larry/Ca on 10/23/09 5:11pm
Msg #308487

AmTrust doc question

Hi guys,
For those of you who do AmTrust e-signs, there is a document "BORROWER IDENITY and EXECUTION CERTIFICATION".
On the top of the document the borrowers sign to certify that they signed the note using an electronic signature, that they received a copy of the documents and that they produced an authentic ID.
On the bottom of the document the notary signs to certify that they have seen and correctly recorded the ID and that they have witnessed the borrowers sign the Electronic Note and all other related loan documents using an Electronic Signature.
Finally they ask for "Notary Stamp as proof of commission".
I have always noted that this was not permitted under California notary Law and was told "ah, O.K. we will check on this" and I've never heard back.
I've run in to a Title company that insists I stamp this,"all our notaries do, she says", and this is a big company.
Am I wrong here, do any of you stamp these things?

Reply by MW/VA on 10/23/09 5:19pm
Msg #308488

I have never seen that form, Larry. We don't have electronic notarization in VA, so there are still paper docs, including any that require notarization. Don't ever fall for the "everyone else does it" line.
They say the same thing about back-dating.

Reply by Linda_H/FL on 10/23/09 5:21pm
Msg #308490

Don't know about CA...and whether it's AmTrust or not ... in FL, if there's no notarial act there's no stamp...period. I wouldn't stamp it.

ALSO...as to this..."the notary signs to certify that they have seen and correctly recorded the ID and that they have witnessed the borrowers sign the Electronic Note and all other related loan documents using an Electronic Signature."

I would NOT certify it as Me, Notary Public....not a notarial function - it's done by Me, Signing Agent.

Reply by Linda_H/FL on 10/23/09 5:23pm
Msg #308493

Re: AmTrust doc question....One other thing

"I've run in to a Title company that insists I stamp this,"all our notaries do, she says", and this is a big company."

I don't care how big they are - they're not big enough to be worth risking my commission for.

MHO

Reply by Lee/AR on 10/23/09 5:43pm
Msg #308496

Ditto Linda... & ....One other thing

If you go ahead and stamp it, they have proof positive that you have just broken the notary laws of your state. I'm not saying--I'm just saying....

Reply by Teresa/FL on 10/23/09 6:36pm
Msg #308500

Re: AmTrust doc question....One other thing

I agree with you Linda. I discovered this revised form on the last AmTrust loan I signed. I signed as a "Signing Agent" and told the TC that AmTrust could just look at one of the other notarized docs in the package if they want to see my notary seal impression.

No notarial act means no notary seal.

I never heard back from them, so it must have been accepted.

Reply by MistarellaFL on 10/24/09 6:52am
Msg #308545

No notarial act means no notary seal.

Yep, and although I will sign it, I don't stamp it.
Never had it come back to me, either.

Reply by NJW/FL on 10/25/09 1:03pm
Msg #308606

Re: No notarial act means no notary seal.

Thank you everyone for this information as I, also, questioned the same this past week regarding the stamp. Also, I still had to print out 140 pages of documents with this "paperless e-sign"????? How do we know what to charge for this? When I was contacted for the signing, the signing agency implied that there would be less work for this so they would only pay $$ , I stated that there would still be some docs to print so I charge $$$ even using the borrower's computer as I do not have a wireless air card. They met my fee, but I still think I should have charged even more after the 280 pages printed. That was way more than I had printed in the past few e-signings I had done. Any helpful comments?

Reply by JandB on 10/25/09 2:33pm
Msg #308613

Re: No notarial act means no notary seal.

I charge $25 more for e-signs and I get it. They take just as long and they are more work. I have never had a 140 page e-sign package but the files I have done are packed full of just about every notarized document the title company can think of. I do carry my own laptop and have a wireless card which adds to my expenses. BTW: I seldom print the 30 pages of instructions included in those packages. Nobody has complained about it yet.

Reply by JandB on 10/25/09 2:23pm
Msg #308611

I treat it the same way I treat an occasional request from other companies wanting a stamp as proof of my commission. I stamp it and draw a line through it. I have done that many times with no problems.

Reply by Dave_CA on 10/26/09 11:05am
Msg #308658

I've done quite a few of these. I never stamp, just note not allowed in CA and then sign as Notary Signing Agent as we are not allowed to just the title Notary Public on anything except a notarize doc.