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To Notarize or not
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To Notarize or not
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Posted by Smug/Fl on 7/6/10 7:59pm
Msg #343954

To Notarize or not

Company wants me to notarize that I checked borrowers ID. Notary section says, "I, the above described Notary Public, hereby certify that I check the identification of this party who has signed before me." tried to explain to them it was illegal for me to notarize. Iam I right or wrong. Thanks

Reply by Ilene C. Seidel on 7/6/10 8:10pm
Msg #343955

Can't notorize anything the borrower didn't sign. They are asking you to notarize your own signature, NOT! You've already signed the statement certifying you checked the id. If this is what they want they should have required the borrowers to sign the affidavit so you could notarize their signatures I don't see any other way.

Reply by Calnotary on 7/6/10 8:18pm
Msg #343956

In CA you can't notarize your own signature. n/m

Reply by Grammyzoom on 7/6/10 8:19pm
Msg #343957

It blows my mind that these people who are in this business and who are supposed to know what they are doing do not have a clue as to the fundamentals of what a notary's responsibilities are. Perhaps we should be highlighting sections of our handbooks and have them at the ready to send to these so called professionals. They need to understand that just because they have made up ridiculous requirements does not make it legal.

Reply by Vince/KS on 7/6/10 8:20pm
Msg #343958

Recently had similar discussion with a company. They said it is "just to prove you have a seal." So, sent them a message with the exact language from the state notary handbook forbidding the request and instead offered to send them a copy of my state appointment (they call it that instead of a commission in Kansas). They settled on receiving the appointment after reviewing the handbook language.

Reply by Stamper_WI on 7/6/10 9:36pm
Msg #343962

They are thinking that by using the word "certify" they can get around it. Its not a certification in the sense of what we are allowed to do.

Reply by jojo_MN on 7/9/10 7:55am
Msg #344304

You notarized other items in the doc pack. Should be proof n/m

Reply by bowie_MD on 7/7/10 8:29pm
Msg #344064

I just have them sign the form and notarize it. In Maryland you can notarize a signature. Do not need acknowledgement or jurat

Reply by Susan Fischer on 7/6/10 10:07pm
Msg #343964

Just today, same form. There was a sig line for each

borrower below the ID info I filled in - however, there was no Notorial Block...no jurisdiction (venue), no verbiage for either a jurate or an acknowledgement.

So, I sign, and do not stamp - but I give expiration date and Commission #, and call it good.

I'm in Oregon.

Reply by JanetK_CA on 7/6/10 10:21pm
Msg #343969

Re: Just today, same form. There was a sig line for each

I've also seen the one from the OP - no signature lines for the borrowers and it did look to me like they wanted me to notarize my own signature. I told them I couldn't do that, but I gave them two alternative choices of what I *could* do. It is a ridiculously designed form, imo.

Reply by Jack/AL on 7/6/10 10:49pm
Msg #343971

Did one today, as Susan Fischer did.

It was a Wells Fargo refi. Near the front of the package was a loose ack, for me to fill in the blanks and notarize, JUST IN CASE someone had a need to attach it to something, somewhere. I passed on that one. Just left it alone.

Reply by BrendaTx on 7/7/10 5:58am
Msg #343977

Was the title company from Pennsylvania?

The company that created the certificate, I mean.

The reason I ask is because I think that Penn. notaries can certify this type of act.

LandAmerica used to be in Pa. and they always had this type of certificate in their package.

Reply by BrendaTx on 7/7/10 5:59am
Msg #343978

Oh yeah...and I don't mean that

other states' notaries should complete it...but I think this explains why we see such documents.

Reply by BNotary on 7/7/10 9:08am
Msg #343986

Re: Was the title company from Pennsylvania?

Pennsylvania Notaries can issue a Certificate. A Certificate is a declaration in writing made by a notary to verify that a statement is true and correct.

Reply by HARRY_PA on 7/7/10 9:44am
Msg #343989

Re: Was the title company from Pennsylvania?

But we, as in most states, cannot notarize our own signatures or apply our seal to documents that are not being notarized.

Harry

Reply by Julie/MI on 7/7/10 10:06am
Msg #343991

Trans used to have a similiar form, my solution

was to make an X and have them sign at the x. problem solved.


 
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