Posted by bob/IA on 3/10/11 2:30pm
Msg #375772

Question for Ohio Notary.

A question,about Ohio notary law has arisen from the thread below regarding non English speakers. My Uncle, an Ohio notary and a signing agent, with over 4,000 closings says Ohio does not require the Notary to determine willingness or awareness. I find this hard to believe. Anyone know one way or the other?

Reply by Roger_OH on 3/10/11 5:05pm
Msg #375797

Putting on my President of the Ohio Society of Notaries hat, he is right that there is not a specific reference to that in our very-old Ohio statutes. But it is certainly contained in the Best Practices elements of any notarization in any state.

Tell him for me, that is one of the areas we are looking to update in Ohio's antiquated laws. I have a meeting with our new SOS next week, and it's on my list!

Please also suggest that he visit www.ohionotaries.org for much Ohio notary info - he sounds like a fellow I'd like to talk with!

Reply by bob/IA on 3/10/11 5:22pm
Msg #375799

Thanks Roger. I emailed your response to him. You don't know how much it hurts to have to tell him he was correct.

Reply by MichiganAl on 3/10/11 9:45pm
Msg #375843

Tell him that just because it's not specifically written in the statute doesn't mean that common sense should be thrown out the window.

Reply by bob/IA on 3/10/11 10:19pm
Msg #375847

He understands that. Neither of us would notarize a signature where we felt the signer was unaware of the significance of the document or was under duress to sign. It was more of an argument on the technicalities of Ohio notary law. I lost.