Posted by Deanna Fleming on 9/10/09 11:26am
Msg #303411

Need clarification PLEASE - ASAP

If a notary notarizes something and it says "State of California, County of San Bernardino" but the county was Los Angeles County, what do you have to do? Does the Notary need to redo that or can it be crossed out and changed? Also, on the Acknowledgment, can you cross out an error and initial it, or does the notary need to redo the whole thing?

Reply by John/CT on 9/10/09 11:28am
Msg #303413

One line crossout, change & initial n/m

Reply by MW/VA on 9/10/09 11:31am
Msg #303414

I don't know about CA, but I make changes to the venue (place of notarization) all the time.
I draw a single line through it, initial, and write in the correct venue. The notarial certificate is our domain, and we correct it as necessary.

Reply by Deanna Fleming on 9/10/09 11:32am
Msg #303415

Thank you SO much! I'm still new, so I have to check things again and again!

Reply by CopperheadVA on 9/10/09 11:39am
Msg #303417

Someone from CA needs to respond regarding what to do about an error on an acknowledgment - I know that CA has some pretty specific rules about their certificate wording.

Reply by MW/VA on 9/10/09 11:41am
Msg #303418

A suggestion would be to study the CA notary Handbook inside, out. I know there is specific language & procedures that are required in CA.

Reply by Yoli/CA on 9/10/09 12:28pm
Msg #303422

As has been stated, yes you may one-line cross out, enter correction and initial. EXCEPT for Provident documents. Provident does not allow any changes whatsoever. Therefore, unless prohibited by lender, California SOS does allow correction.

It's good that you ask questions. However, you may want to become intimately familiar with the California handbook, as already suggested.

Reply by John/CT on 9/10/09 1:01pm
Msg #303424

Good point, re: Provident! n/m

Reply by CT_Notary on 9/10/09 2:25pm
Msg #303438

Re: Provident

I was instructed to notarize name affidavit, which contained names which did not apply to borr.

I was to attach sticky to indicate that they disagreed with names but not make strike out , comment or make correction on the page.

Told them that in CT (and every other State), a notary could not knowingly notarize a Jurat which was not true.

I had borrs strike the false names and initial with the notation that those were not their names and that they had never used those names. THat I notarized.

Sadly (sic) I am no longer a Provident approved notary!

Reply by CopperheadVA on 9/10/09 2:41pm
Msg #303443

Re: Provident

Provident has instructions in the package that state how to handle that situation:

"3. If the borrower disagrees with an AKA name on the AKA statement, please write the dispute below the name but do not cross-out the name."

I usually have the signer write "Not Known As" next to the name and maybe put an arrow if necessary.

Reply by LynnNC on 9/10/09 8:47pm
Msg #303484

Provident cannot tell a notary what to do with an affidavit or jurat. A notary must follow their state's statutes for notaries.

Reply by LKT/CA on 9/10/09 12:28pm
Msg #303423

If the venue's county is not where the notarization is taking place, I would line through it, initial and put the correct county - if that's the only thing incorrect about the Acknowledgment. If there are additional errors in the rest of the acknowledgment, I will replace it......I draw a diagonal line through the incorrect notarial wording and write just under it "see attached CA compliant Ack" and complete a correctly worded loose certificate.

Reply by dickb/wi on 9/10/09 1:53pm
Msg #303432

we all know that provident gets a little an-l but......

the venue is where your feet are at the time of the notarization.......if the notary block is pre filled in any fashion and it isn't correct, i correct it........we must realize that the notary block is the realm of the noatary and not the document maker.....it is our testimony under oath that what is written in the block is the truth......we are , in the broadest of terms, an officer of the state and prepare our notary blocks as we are willing to swear that they are correct....the notary block contrary to poular belief is noy a part of the document that is being signed but a seperate document un to its self.........my .02...

Reply by LisaWI on 9/10/09 2:05pm
Msg #303433

Re: we all know that provident gets a little an-l but......

Not being able to initial a change is what bothers me in the Provident loans. When I spoke with one of their reps a while back, I questioned their methods and told her, I was very uncomfortable with this method. My question to her was how do they know I made the change and not someone else. She stated they "assume" you the notary made the change. Their procedure to change a venue discrepency was described to me as: Dont line through, just write the correct county, and dont initial.
My honest opinion is if this isnt opening the door for someone to make any changes they want to the notary portion, I dont know what is. If I make a change to the notary part, I want the title and lender to know I did this. The only way to confirm this is to initial. Its not iron clad, but its one step of precaution that I feel comfortable with.

Reply by John/CT on 9/10/09 2:15pm
Msg #303434

And then, there's the venue at the top of the page ...

out side the "notary box". More "worms".

Reply by MW/VA on 9/10/09 2:16pm
Msg #303435

Re: we all know that provident gets a little an-l but......

I understand that Provident is a stickler & makes their own strict rules. In this case, however, if THEY are controlling the notarial certificate instead of the notary, I would have a major problem working for them. As mentioned above, the notarial certificate is not a part of the document.
I can probably understand, in part, where they're coming from. If all notaries knew what they're doing, and made proper corrections, it would help us all.

Reply by dickb/wi on 9/10/09 2:53pm
Msg #303446

always............ n/m

Reply by LisaWI on 9/10/09 2:23pm
Msg #303437

Re: Dick....

your profile is lookin" good

Reply by dickb/wi on 9/10/09 2:50pm
Msg #303445

awww,,,[red face] thank u....... n/m

Reply by jojo_MN on 9/10/09 10:55pm
Msg #303489

Re: Dick....

Only problem is he said he's been in business for 47 years...when did he start, when he was 5? Just into K-garden? LOL