Posted by Robert/FL on 3/3/10 3:17pm
Msg #325140

Good article, Brenda...

I enjoyed Brenda's latest article in the AAN newsletter. However, I had one question... why would an acknowledgment stamp be less desireable than a loose certificate? I can understand perhaps for California, where the text must be very small to fit onto a stamp, but I have a Florida acknowledgment stamp that measures 3" x 1.5", and don't understand why that would not be acceptable to a county clerk. Not criticizing, just wanted to know your reasoning.

Of course, I know in Florida our clerks are much more laid back when it comes to notarial certificates. I have seen them record deeds without witnesses, where there was no notary certificate but the notary just affixed their stamp and signed next to it.

Reply by BrendaTx on 3/3/10 4:00pm
Msg #325152

I appreciate your comments, Robert.

The reason that I do not recommend using a notary stamp is because enough clerks' offices automatically reject them as a custom to make it a dicey proposition...maybe because the knowledgment wording is often too small on the document to meet the point size, maybe because the stamps smudge, maybe because they made a rule a long time ago not to accept them and they AREN'T changing their minds.

I love my ack stamp, but I don't use it on *recordable* documents...not here in Tx anyhow. It WILL get rejected...this knowledge comes from working in a real estate transaction law firm, being friends with title company ladies and chatting with people who have this knowledge.

Reply by BrendaTx on 3/3/10 4:01pm
Msg #325153

Re: I appreciate your comments, Robert. - correction

*the ACknowledgment wording is often too small on the document *

Reply by PAW on 3/3/10 7:43pm
Msg #325223

FL recording clerks aren't necessarily more laid back. It's just that they are not the notary police. As long as what's there is legible and can be scanned as an image, then it probably will get recorded. Besides that, missing a notarial acknowledgment or jurat does not make the document un-recordable. Missing content may prove to be problematic down the road, but as long as certain elements of a document are met for recording purposes, then it most likely will be recorded.

Reply by Robert/FL on 3/3/10 8:42pm
Msg #325244

The Florida Statutes are very clear on recording requirements. For example, 3x3 square in the top right corner? I prepare recordable documents on a daily basis, and never leave that much space, because I know that the recording label used in Hillsborough can fit in a 1x3.5 rectangle, so that is what I use. The statutes also require that all parties print, type, or stamp their name immediately underneath their signature, and we know how many notaries don't do that.

I can only speak for the recording offices I've dealt with, i.e. the ones in the Tampa Bay area, and I have seen deeds record without witnesses even.

I know that clerks can't be expected to thoroughly inspect every notarial certificate for compliance with the statutes, but they could at least glance over it to make sure that some of the most important factors (i.e. witnesses, notarial certificate, etc.) are included on the document.