Posted by Jim/AL on 3/25/11 10:25pm
Msg #377549

Dates on APA to fix an error by notary and/or TC

Is it legal and or allowed to send an APA to fix an error and to use the original date of the notarization? I always have done so and also wondered if it was okay.

I always make sure I see a copy of original of course.

Reply by Susan Fischer on 3/26/11 12:03am
Msg #377553

Adding: I'll repair an omission other than the sig/stamp

on the original only, and would obtain a wet sig with current date on any doc I failed to sign/stamp originally.

Reply by Linda_H/FL on 3/26/11 6:01am
Msg #377559

Not sure about AL, but in FL, no...

Once we leave the presence of the signers and/or the document leaves our hot little hands no corrections can be made to the certificate without meeting with the signers. Notarizations must be done in their presence.

Further, to "send an APA to fix an error and to use the original date of the notarization" after the fact is backdating. No, not legal.

MHO

Reply by Jim/AL on 3/26/11 6:57am
Msg #377561

Re: Not sure about AL, but in FL, no...

Backdating IMO is an intentional use of the wrong date at the time of signing.

Correcting an error in verbiage, mis-spelled name etc.. on a document that was signed legally in your presence on the correct date to begin with is not quite the same.

Reply by Linda_H/FL on 3/26/11 7:00am
Msg #377562

Well, in FL it is the same...and we can't do it..

And if you think about it, when you sign and stamp a certificate TODAY, using YESTERDAY's date, that's intentional, and is backdating.

MHO

Reply by BobbiCT on 3/26/11 11:15am
Msg #377572

Correcting a Notarial Certificate Error ...

IF I have to correct my notarial certificate, I would:

1. Request the entire ORIGINAL document,
2. Verify that the notarization block is the one that I completed (because I am often at the Land Records, I have found my notarization blocks ALTERED by someone else without my knowledge prior to the document being recorded [like adding witnesses that weren't there, this is "fraud," CT's validating act doesn't fix it),
3. Make the correction - IF REQUIRED by my state laws* - and initial it,
4. If I made the error, I would pay the two-way shipping costs and, if necessary, the recording fee to re-record the document on the Land Records.

* IF IT IS NOT AN ERROR according to my State laws, I would:
1. Not make an unnecessary after-the-fact change and
2. Politely include a copy of my applicable state laws indicating why the notarization is correct.

Always ask to have the page with your error faxed to you first, so that you can verify it is a true "error."

Bear in mind, I have been dropped by Signing Services because, even after I faxed a copy of my state laws showing I was in compliance to the signing service "expert," I refused to change a notarization block after-the-fact that was fully in compliance with my state laws. The signing service "expert" required that I comply with her RULES and NOT with my state laws. It was a mutual parting. I am leery of working with any company that makes exceptions to both law and sound underwriting procedures, particularly those that REFUSE to even check with a CT title insurance company on the validity of their in-house rule versus CT law.

Reply by SReis on 3/26/11 3:23pm
Msg #377585

NOT Legal in MA either. n/m