Posted by Don Tyree on 4/21/11 10:06am
Msg #380808

prefilling acknowledgements and jurats in Loan docs

Hello All. I have searched for this information and have not really found an answer. I was told yesterday by a notary thats been in the business a long time over ten years that in the state of FL that you are not allowed to go ahead and prefill things on loan documents such as county state and such as the date and the signers names in the acknowledgement areas???? She said this is illegal in the state of FL??? I know that the notarization must be done at the table and my signature done at the table but the rest can be prefilled correct? I know there are alot of knowledgeable people here especially in the state of FL that post on here!! Thanks for any help you can give me and so that I can prove this longtime notary wrong I hope

Reply by Linda_H/FL on 4/21/11 10:12am
Msg #380810

I'd like to see the law she's referring to that says that

As far as I know it's fine - as long as you don't sign and stamp ahead of time, I don't see the issue.

Reply by Susan Fischer on 4/21/11 10:22am
Msg #380812

Agree with Linda. I do it all the time, as it saves

everyone's time at the table. Depending on the number and empty spaces to fill in, it can save a bunch of time - which most borrowers really appreciate.

Reply by Alz on 4/21/11 10:26am
Msg #380813

Like the others stated, save time by preparing in advance. n/m

Reply by James Dawson on 4/21/11 10:30am
Msg #380814

I'm not in Fl but I even do it for my journal entries n/m

Reply by Susan Fischer on 4/21/11 10:32am
Msg #380816

Great point. n/m

Reply by Linda_H/FL on 4/21/11 10:35am
Msg #380819

FL doesn't require a journal but I do keep one

and I do fill that out in advance too - I add ID info at the table and, after all is said and done, I show it to them as "my only record of what I've done"... explain the info in there and then I ask them to sign.

Reply by FlaNotary2 on 4/21/11 11:12am
Msg #380828

I fill out entire journal entry first except signature

and instruct them to sign after the notarization is complete.

Reply by Julie/MI on 4/21/11 10:33am
Msg #380817

Hi Don,

Many times they are already filled in on the lender docs, so then what?

Reply by SharonMN on 4/21/11 10:40am
Msg #380821

Prefilling acks and jurats in Loan docs - Murphy's Law!

I can't see how this could be illegal if using a preprinted cert isn't.

However, my experience has been that prefilling the certificates is a sure way to guarantee that the signing will get rescheduled to a different date, moved to a different county, or the borrower's name will be wrong! Murphy's law.

Reply by James Dawson on 4/21/11 10:43am
Msg #380822

I ALWAYS carry blank spares of both - Murphy's Law! n/m

Reply by Linda_H/FL on 4/21/11 10:45am
Msg #380823

Re: Prefilling acks and jurats in Loan docs - Murphy's Law!

"rescheduled to a different date..." - will probably require a redraw of docs anyway

"moved to a different county" - can be lined through and corrected

"or the borrower's name will be wrong!" - I confirm borrower's name as on ID on phone during confirmation call...

Reply by FlaNotary2 on 4/21/11 11:00am
Msg #380825

Wheter the acknowledgment is already typed in or if

the notary fills it out ahead of time doesn't matter. The notarization hasn't taken place until the appropriate acknowledgment has been taken or oath administered, ID verification has been accomplished, and the notary signs the certificate and affixes his seal. The only thing that matters in Florida is that the signature and seal be affixed in the signer's presence.

The notary that told you this is obviously suffering from "Know It All" syndrome as George Lopez would call it, but still doesn't have a clue. I am a state-approved notary instructor in Florida so please have her call me if he needs "schooling".

Reply by 101livescan on 4/21/11 11:06am
Msg #380826

Often, the acknowledgments and jurats are prefilled with borrowers name, date of signing, as they are date sensitive, as well as the venue.

How can this be illegal in any state? Affixing seal and signing the instrument is done at the time of the notarization of clients' executing their documents.

Reply by topflyt on 4/21/11 12:56pm
Msg #380846

I think it's the law on the beach!..after a few...