Posted by Shoshana/AZ on 6/16/11 9:11am
Msg #386442

Refusal to Notarize

I was wondering what people do in this situation. If you refuse to notarize a sig for a valid reason, do you note that in your journal?

Reply by Linda Juenger on 6/16/11 9:16am
Msg #386443

I have refused several times to notarize due to lack of proper ID, no notarial wording on the document. If I don't sign and stamp, nothing is written in my journal. Why would I put it in my journal??

Reply by Linda_H/FL on 6/16/11 9:20am
Msg #386445

I usually enter ID info into my journal prior to

examining the document - more than likely I would have SOME info in my journal already so I make the notes to account for the "incomplete" status....

Reply by FlaNotary2 on 6/16/11 9:30am
Msg #386447

See, I look at the document first thing and make any

necessary corrections to the certificate before I even look at the person's ID. If I was going to refuse, it would be because of problems with the document or problems with the person's ID. Since I check these two things before I begin my journal entry, if I were to refuse to notarize I wouldn't already have a partial entry.

Reply by Linda Juenger on 6/16/11 10:23am
Msg #386454

Re: See, I look at the document first thing and make any

The 1st thing I look at is the ID. If it is satisfactory, then I look at the document. If, and only If those 2 things are ok (both of them), then I enter everything in my journal BEFORE they sign the document and I notarize. If its a no go, I'm done. End of story. No entry in journal.

Reply by 101livescan on 6/16/11 10:27am
Msg #386456

I don't enter it. I usually clear it over a telephone conversation, it happens rarely. Most people expect to show proper ID. If someone comes to be for a live scan and they don't have SSN or US agency issued ID, I can't process their fingerprints. It never enters the system. I do not keep a log of these, they too are rare. Someone came to me with a DHS photo ID card. I can't use that for live scan. Anyone had someone show up with DHS photo ID card?

Reply by Linda_H/FL on 6/16/11 9:18am
Msg #386444

Yes ... detailed reasons.. n/m

Reply by Shoshana/AZ on 6/16/11 9:33am
Msg #386448

Re: Yes ... detailed reasons..

That's exactly what I was thinking. Suppose somebody reported the notary to the SOS. If they had notes, they would remember the details. CYA has to be our watchword sometimes.

Prior to yesterday, I had never thought of doing that. My friend told me that the AZ SOS prefers the notary to enter the info in the journal when a notarization is refused.

Reply by FlaNotary2 on 6/16/11 9:28am
Msg #386446

This is just MHO, but no

My personal belief is that the journal of notarial acts should only document acts which actually transpired and which were performed by me in my capacity as a notary public. Therefore, I do not complete a journal entry for a refused notarization. While I do complete the journal entry prior to actually notarizing the document (except for the client's signature, which I feel should only be signed *after* the notarization is complete), if I am going to refuse to notarize something I will notify the client at the very beginning.

The only exception I make is that when I destroy an old stamp, I will notate this in my journal and also put a "last stamp impression" in my journal immediately prior to destroying it. I then notate the exact date and time the stamp was destroyed.

I will also attach memoranda into my journal if a particular notarization requires a more thorough explanation than can reasonable be written into the space provided in my journal.

Reply by BrendaTx on 6/16/11 10:42am
Msg #386461

Re: Refusal to Notarize - yes.

It is a notary's record, a journal of acts. Refusal is an act.

Reply by Stoli on 6/16/11 5:15pm
Msg #386508

CA SOS says, yes; enter the refusal and the reason why. n/m

Reply by Stoli on 6/16/11 5:36pm
Msg #386515

Agree with Brenda; refusal is an act. n/m

Reply by Notarysigner on 6/16/11 11:56am
Msg #386472

I note the date, time and address for every place I visit....even before I get inside. It can also be found on my
appt calendar which links to my smart phone. My family can log on and see if I ever made it to the appointment.

Reply by Cathy/CA on 6/16/11 7:01pm
Msg #386533

Yes, enter the refusal: document & signer information and why you refused. Date and time. If you are ever contacted about the matter, you can easily view your journal entry.

Reply by LKT/CA on 6/16/11 10:04pm
Msg #386558

CA Notaries cannot refuse to notarize if.....

the customer has a legal request, along with gov't issued ID and the fee. However, we are not required to travel.

An unprepared customer is not a "refusal". The Notary is ready and willing to notarize - the customer is the problem, not the Notary.

Reply by Susan Fischer on 6/17/11 2:26pm
Msg #386662

Excellent analysis, LKT. n/m