Posted by Mia on 2/18/11 12:10pm
Msg #373292

Michigan Notaries - need some assistance

I have to start by saying that I don't know all the details yet (Lawyer will be calling me).

I got this phone call from a Receptionist / Secretary (she did not identify herself with a name) from a Law Firm. This Law Firm wants an Affidavit Notarized.... OK, but this secretary keeps saying that the child will be named "John Doe" on the Affidavit, but the mother will be signing the Affidavit. The Secretary keeps refering back that the Child being named "John Doe". And the Secretary asks if I can do this....

So here's my question -- is there anything in the MCL's that state, or forbids an Affidavit from having someone named "John Doe" within the document? (I know we are not to be concerned with the document itself, just the notarization... but I can't for the life of me figure out why this Secretary is so concerned with the Child being named "John Doe")
In researching this on the State's website, I'm coming up with zilch. I may not be using the correct verbiage.
I may just have to wait for the Lawyer to call me to get more info.
Maybe for some reason they are trying to conceal this Childs identity.... or whatever??

Anyone have any suggestions?







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Reply by ReneeK_MI on 2/18/11 12:53pm
Msg #373296

I'd stick to the KISS rule

I just did two Affidavits for a law firm - I ID'd the signer, took his oath, watched him sign, completed my cert.

I don't know what the Affidavits were about, I didn't read them, I took HIS sworn statement that it was all true.

Reply by Julie/MI on 2/18/11 1:08pm
Msg #373303

Re: I'd stick to the KISS rule

I agree with Renee, although I see the intrigue. I KNOW it's not our business, but heck I would be lying if the situation was presented to me, I wouldn't want to know the background.

Maybe it's adoption related or something.

I also wonder why the law firm needs an outside notary, since someone in the firm usually has a notary commission. Maybe the firm far away from where the affiant will be siging.

Reply by GWest on 2/18/11 1:12pm
Msg #373304

Per Michigan SOS

http://www.michigan.gov/sos/0,1607,7-127-1638_8736-96355--,00.html

Reply by Mia on 2/18/11 1:39pm
Msg #373307

Julie

Your statement --> “Maybe the firm far away from where the affiant will be siging.”
Is correct!

Reply by Mia on 2/18/11 1:30pm
Msg #373306

Here's the Scope....

The Lawyer finally called me -- he wanted the "Minor Child - John Doe - to sign" the Affidavit, not the Mother. The Law Firm is trying to conceal the childs identity. I told the Lawyer that I would have to contact the Office of the Great Seal for guidance in this situation (we can not notarize a signature that has a different name).

I called the Office of the Great Seal -- Clerks forward the information on to the Legal Department.
The Legal Department called me back and said that, a "Notary Public can not notarize a signature with another name - has to be the name of the person before the Notary Public". However, they recommended that I notarize a witnesses signature for the Affidavit (not the Minor Childs (identity) signature that the Law Firm is trying to conceal).
I called the Law Firm back and told the Secretary what I have been told by the Office of the Great Seal.... so now I wait (again) to hear back from the Lawyer.

Actually, I really do love these types of wrinkles.... I learn something new from time to time.





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Reply by BrendaTx on 2/18/11 2:01pm
Msg #373309

I Commend the Office of the Great Seal

for thinking both inside and outside of the box.

This is some of the best customer service I have heard of from a commissioning office.

Reply by ReneeK_MI on 2/19/11 9:50am
Msg #373407

Brenda ...

The last time I asked for an opinion from the Legal Dept, I wanted it in writing ...took 5 months, and I was constantly hounding them for it.

This (Mia's experience) IS pretty commendable - and as it should be!

Reply by ReneeK_MI on 2/19/11 9:46am
Msg #373406

I still don't get how they're going to do this

The witness is just going to sign X_____ as witness, w/out any statement, right?

Then it's not exactly an affidavit, is it? The witness isn't making a statement, just witnessing. The Affiant isn't being put under oath - or at the least, not as a notarial act, nor would that be attested to in your cert.

If the witness makes a statement - what's it going to say, "I saw *someone* sign this."??

It would seem, in my very small non-atty brain, that there must be some court procedure to account for redacting information, particularly for minors, when (as it seems) there is a reason to protect them from something.

Interesting - do let us know the outcome!