Posted by Smug/Fl on 4/19/10 12:12pm
Msg #332324

ID question

on Mort., borrower is signing twice once as Jane Doe and on a separate line as Jane Doe, as trustee. For my notary section do I just put down appeared before me Jane doe. or do I have to add Jane Doe, as trustee.

Reply by Robert/FL on 4/19/10 12:23pm
Msg #332326

The foregoing instrument was acnkowledged before me this 19th day of April, 2010, by Jane Doe, both individually and as trustee for **name of trust**, who produced ________ as identification.

Reply by Notarysigner on 4/19/10 2:17pm
Msg #332339

Re: In Fl .......ID question n/m

Reply by Robert/FL on 4/19/10 3:01pm
Msg #332347

Original poster is in Florida n/m

Reply by Notarysigner on 4/19/10 3:14pm
Msg #332348

Re: Original poster is in Florida

I know...specific to Fl......In, Ca. would depend on wording TC chooses, then ACK is attached.

Reply by Linda_H/FL on 4/19/10 5:53pm
Msg #332382

James, I think you're incorrect

In CA you cannot certify capacity in your certs - so all that would appear in your ack is "Jane Doe".. unless there's something new in 2010.

And no matter where you are, what the title company wants has no bearing on it at all - the certificate is the notary's domain and is completed in accordance with state law, not title company instruction.

Reply by Yoli/CA on 4/19/10 5:59pm
Msg #332384

Re: James, I think you're incorrect

Linda is correct, James.

In California, we do not certify any capacity (trustee, doctor, etc.) just the name.

Reply by dickb/wi on 4/19/10 7:04pm
Msg #332392

yes..yes..yes...how many times have i said that.....

the notary certificate is the realm of the notary and no one else, regardless of what the co says....thank u linda.....

Reply by BrendaTx on 4/19/10 7:52pm
Msg #332404

*The foregoing instrument was acnkowledged before me this 19th day of April, 2010, by Jane Doe, both individually and as trustee for **name of trust**, who produced ________ as identification.*

Okay...I'll bite!

There also might be two acknowledgments included on the document. If so, one will be completed as

Jane Doe, individually

and one for

Jane Doe, trustee for **name of trust***

In Texas, like Florida, we are perfectly able to add a signer's position of authority in signing the document. (Some call it capacity.)

We are not required to "know" or have proof of the position of authority. Besides, as notaries, if we saw a document purporting to give authority, we would not know it to be certain or authentic...that's for the lawyers...we just notarize based on the person in front of us...and that THEY purport to be that authority by their signature. (And, our statutory certificates do allow for this.)

Reply by Cari on 4/20/10 5:36am
Msg #332459

same for IL Brenda... n/m

Reply by Notarysigner on 4/19/10 7:17pm
Msg #332397

Ok Ok, I was referring to this

"on Mort., borrower is signing twice once as Jane Doe and on a separate line as Jane Doe, as trustee."

I'm assuming the property is in a trust. Borrower is trustee and .........

Two signatures... Jane Doe and the second....Jane Doe, trustee of the blah, blah, blah.

TC decides how they want the borrower to sign the second one. Just Jane Doe or Jane Doe, blah, blah, blah. All the ones I have done, the trustee party is omitted.

Are you saying that's not so? I know I can't cerifity who someone's capacity is.

Reply by jba/fl on 4/19/10 7:32pm
Msg #332399

Again, refer to FL's Slogan: The rules are different here. n/m

Reply by Sylvia_FL on 4/19/10 7:40pm
Msg #332400

James
I think maybe you are a little confused

The original question was not about signing as individual and as trustee, but whether the notary should put both as an individual and as trustee on the notary certificate

Reply by Notarysigner on 4/19/10 7:53pm
Msg #332405

I agree....and I thought it was.. All of you guys are correct and I was wrong, misunderstood what was being asked, my bad. Our acknowledgments don't have that wording so I know I wasn't "certifying anyone's capacity". Now, can't we all just get alone or do I have to turn in my stamp and sit in the corner until nation smoke MJ day passes?

Reply by Sylvia_FL on 4/19/10 8:04pm
Msg #332408

"do I have to turn in my stamp and sit in the corner until nation smoke MJ day passes?"

Nope, just have to take 20 lashes with a wet noodle

Reply by Maureen_nh on 4/19/10 9:18pm
Msg #332428

Haven't heard that one in a long time Sylvia, was that a military thing?

Reply by jba/fl on 4/19/10 9:19pm
Msg #332429

Dear Abby or Ann Landers

Reply by Sylvia_FL on 4/19/10 9:48pm
Msg #332433

Nah - I was the contract holder for the Food and Wine RT on GEnie many years ago, and that was one of the "punishments" for members who "didn't toe the line" LOL

Reply by BrendaTx on 4/19/10 8:25pm
Msg #332410

*Now, can't we all just get alone or do I have to turn in my stamp and sit in the corner until nation smoke MJ day passes?*

James: It's more serious than you think. I am pretty sure that as a Ca. notary you have to turn in your stamp simply because you admitted you knew that smoking MJ exists. I'm sorry. It was good knowing you, buddy.

Reply by Notarysigner on 4/20/10 1:44am
Msg #332453

Is that why they have all those "Keep off the grass" signs in the hardware stores???