Posted by melissa/pa on 6/4/11 3:42pm
Msg #385179

opinins please!

Hello - I have been researching this and decided to ask the minds here at notrot. I recently was contacted by a title co. Did a closing 8/2010, they said that an acknowledgment was not completed. I have a copy of the docs still and for the doc in question-there was no acknowledgement included. The borrowers signed the doc and I witnesses it that day, but no ack, so I did not fill out one. I told the co. that I would fill one out if I could meet with the borrowers again and have them acknowledge their signatures to me and then I would fill the ack out. They don't want me to meet with them. They would like me to send the ack back with today's date or the date I witnessed them sign it. Opinions please!

Reply by melissa/pa on 6/4/11 3:43pm
Msg #385180

Re: opinions please! n/m

Reply by Linda_H/FL on 6/4/11 4:14pm
Msg #385181

I wouldn't do it...

I wouldn't mind helping out, especially if I've been paid for the job already, but I won't send an ack in without an original document to attach it to - which, here, would require a trip back to the signers either with a new doc to be signed or with the previously signed original - fl REQUIRES we be in front of the signers at the time the notarization takes place.

Since no ack was provided in August, and I'm assuming you had no instructions to acknowledge it, this is their error, not yours. I'd also ask for a modest fee to go back out to cover their error. If, on the other hand, it WAS your oversight, I'd do it for free....but a revisit, IMO, is absolutely called for.

JMO

Reply by Marian_in_CA on 6/4/11 4:16pm
Msg #385183

No way... I wouldn't do it. n/m

Reply by JanetK_CA on 6/4/11 5:10pm
Msg #385189

Does your state require completion of a journal? I've found myself in that situation before where I was asked after the fact to complete an acknowledgment for a document that had no indication one was needed. I told them that since I have to complete a sequential journal and that item was not entered in my journal, that another trip would be required.

However, I noticed that you said that no acknowledgment was included. Was there any other indication that the document should have been notarized, like a signature line for the notary or other notary mention? That makes a big difference, of course. If it said something at the bottom, like "This document must be Acknowledged..." but the certificate was just not provided, then you should have provided one, but otherwise, I presume you're not a mind reader. We can't notarize every document - or even ones that sometimes get acknowledged - just in case they might decide later that they want an acknowledgment after all!

Reply by JanetK_CA on 6/4/11 7:06pm
Msg #385191

I should add that the excuse I gave them wasn't the only reason for not doing it! I agree with the others, but it was just easier for the client to accept. It finally shut down all the arguments they were giving me about "you saw them sign it, didn't you?!!" Some folks just don't get it.