Posted by NS35/CA on 7/26/11 5:00pm
Msg #391384

NATIONAL LINK, AGAIN! NEED ADVISE, VERY APPRECIATE!

I'd done a faxback signing for them on 5/25.
I got a phone call from them yesterday (7/25) asking me sending them a CA Ack. I told her email me. Here is her email, like this,

" I have attached the California acknowledgement form that is missing from the 5/25/2011 with xxx, xxx, and xxx(names). Please fill out the CA Ack form for this signing and return back to me using the attached ups label."

My response email to them like this,

"I HAVE CHECKED MY RECORD AND IT SHOWS THAT THIS WAS A FAXBACKS SIGNING. I BELIEVE THAT I HAVE NOT MISSED ANYTHING IN THE PACKAGE. IF YOU'VE MISSED ACKNOWLEDGING PAGE THAT I HAD ALREADY DONE OR IF THIS IS A LATER ADD-ON, EITHER WAY, SORRY THAT I CANNOT HELP."

Here is her response email, like this,

"Just to clarify, even though this is an acknowledgement page that is required by the state of CA and is needed for a file that you executed for us, you are not going to complete this page. Is this correct?"

I did not respond to the above email. I found it sounds very stupid in itself.
I got a phone call from them this afternoon (7/26) urging me for sending them the CA Ack. form. She (not the same person sent me email) even "threatened" me that if they don't have it, they will deactivate my name on their calling system.

I can't believe what I've heard.

First I thought they would pdf the copy of the docs to show me what I might have missed (2 months later after it was closed). That's not the case. They pdf a blank CA Ack form and expect me to fill out those 3 names on it and UPS back to them. How convenient it is!

Something is missing here? Please advise.

Reply by Marian_in_CA on 7/26/11 5:25pm
Msg #391388

This is one of the reasons all of my faxbacks are scanned first, then sent via my email to fax service. I have a full record of what was faxed.

Here's how I'd respond -- a little forceful, but still giving them the opportunity to make it right.

"I understand you dilemma, but according to California law, I cannot complete a notarial certificate without attaching it to a particular document. That's why I need you to supply that document. Also, any notarial certificate that I complete must be dated that day I do it, and would require a return trip to the borrowers. I will not backdate. I'm not doing this to be difficult to you, I'm following my state notarial laws. What you are asking me to do is illegal.

You should also be aware that, now that you've been notified what you're asking is illegal, if you ask me again or coerce me through threats, I will report you to the Secretary of State. California Government Code 8225 states, "Any person who solicits, coerces, or in any manner influences a notary public to perform an improper notarial act knowing that act to be an improper notarial act, including any act required of a notary public under Section 8206, shall be guilty of a misdemeanor."

Obviously, neither of us want you to get in to trouble, either. I enjoy working with your company. If I made a mistake, I am happy to rectify it on my own dime, but I need you to send me the documents and proof of my error. Once you've done that, I'd be happy to take care of it for you."


If they dump you because you refused to do something illegal... than that's probably a blessing. If they push it... report them ASAP. That's one of the great things in CA law...once you've told them what they're asking is illegal, they can't ask again or risk getting in trouble themselves. In my experience, that always shuts them up and they comply.

Reply by MaggieMae_CA on 7/26/11 5:34pm
Msg #391390

Did they indicate which document the Ack was missing from? It sounds funny just attaching a blank CA Ack and telling you to just complete and send it back. Without them telling you what document was to go with there's no way for you to even cross check to see if it was indeed your mistake or whether they sent a document to the borrowers after the fact, had them sign it and then tell you it wasn't provided at the time of signing.

I had a company tell me once to send an Ack for a document I did not notarize (Name Affidavit). It was an eDoc signing and I never received the Name Affidavit from them in the first place. Received one for the husband and nothing for the wife. When I told them to check the eDoc package they sent me and they saw that I was correct, they sent me to the borrower's again and I had the wife sign and then I notarized and returned the Affidavit to them.

When I was there the wife told me they emailed the Name Affidavit to her after the signing and asked that she sign and send it back and that it wouldn't be necessary to send the notary back out.

Reply by Ernest__CT on 7/27/11 1:56am
Msg #391497

(sigh) One more time: "Advice" versus "Advise"

When I give you adviCe, I'm adviSing you. You ask for adviCe, or ask to be adviSed. "Please advise me about ....", "I need some advice about ....". See the difference?r

Reply by Ernest__CT on 7/27/11 1:59am
Msg #391499

Never send a loose ack. Period. n/m

Reply by garland/CA on 7/27/11 11:08am
Msg #391560

a well known and well liked company here on NR asked me to do this when they lost my Ack. for a signing I had done 9 months ealier (document was DOT and they forgot to record it).They had a copy of my completed acknowledgment but had lost the original. Now they were trying to clean it up and wanted me to send in an Ack. with the original date, etc. They did not want the borrowers to know this had happened so they refused to let me have them re-sign that document so I could notarize it. Since I refused I have not received a single signing request from them.