Posted by Julie Aragon on 10/22/11 11:08am
Msg #401301

New Notary

hey all, I have my 1st loan doc signing today, reviewed all & a bit confussed on the "Note"
Last page where borrowers sign this it does not look like it has to be notarized but yet it has the word (seal) after their names. ??
Thanks

Reply by Sylvia_FL on 10/22/11 11:16am
Msg #401302

No, it doesn't need notarizing.

You will often come across the word seal at the end of the signature line.
At one time people used to have their own seal and would use it after their signature.
It is sort of archaic.

Reply by Julie Aragon on 10/22/11 11:34am
Msg #401304

Thank you a bit nervous!

Reply by Sylvia_FL on 10/22/11 11:48am
Msg #401306

Julie
Do not go into the signing looking like you are nervous. Act confident!
As long as you are fully conversant with your state's notary laws you are fine.
Do not get into the minutiae of the documents. If the borrowers have questions which you cannot legally answer have them call their loan officer.

Familiarize yourself on what each document is so,as an example, you can say "this is the Note, here is your interest rate" etc.

Reply by Julie Aragon on 10/22/11 11:56am
Msg #401308

thanks for saying that!! I will.
On the documents where I sign there is not enough room to put my stamp above the word (seal) is it OK to put my stamp below that?

Reply by CopperheadVA on 10/22/11 12:12pm
Msg #401309

Yes n/m

Reply by Yoli/CA on 10/22/11 12:14pm
Msg #401310

Yes, it is.

Where in CA are you located? Would you care to link your name to your profile so we know a little more about you?

Reply by Notarysigner on 10/22/11 12:32pm
Msg #401311

She's in La Mesa....Hey, what's your zip?

Reply by Notarysigner on 10/22/11 12:47pm
Msg #401312

nevermind check yu email n/m

Reply by wildflower on 10/22/11 2:55pm
Msg #401316

Julie I am a newbie as well and I have found alot of information here. I also found a young lady who is more than generous with sharing her experience, knowledge, & wisdom. Just like you I am so nervous and my tummy is in knots, but I am gonna go with confidence I am borrowing from this forum & my No Ro luv bugs! Best wishes & good luck!!!!!!

Reply by GOLDGIRL/CA on 10/22/11 12:57pm
Msg #401313

Borrowers will often comment when they see the word "seal." I tell them it's likely a holdover from the Dark Ages when people used waxed seals and that the lenders just haven't updated their docs yet, taking into account the invention of writing implements.
Sometimes, they expect me to use my notary stamp there.

In any case, Julie, I've never seen a note requiring notarization in my life, so it's pretty unlikely you will, either. Just look for ack or jurat verbiage on the docs. Those are the ones you notarize. Make sure the verbiage is CA compliant - attach your own if it is not. Blank forms are available on the SOS Web site, if you don't have any of your own. Good luck! Report back and tell us how it went.

Reply by Hugh Nations Signing Agents of Austin on 10/22/11 5:55pm
Msg #401321

Not necessarily true, GG

***I tell them it's likely a holdover from the Dark Ages when people used waxed seals and that the lenders just haven't updated their docs yet,***

Well...possibly not.

While the form of expression may be archaic, in some jurisdictions the seal (sometimes expressed as "l/s") after the signature raises the presumption in contract disputes that there was consideration, an essential element of a contract. Don't know, but there may still be a jurisdiction or two where a document under seal will also extend the statute of limitations.

Reply by GOLDGIRL/CA on 10/22/11 9:04pm
Msg #401333

OK, Hugh, take all the fun out of it! n/m

Reply by Rani Sampson on 10/23/11 12:31pm
Msg #401345

Hugh's Historical Knowledge

How do you know this stuff, Hugh? You're right!

I did a little research. The most recent legal article on the topic was in 1958 (Harvard law review). I found another good article from the 1920s, but my favorite article (and the only one I could access for free) was an article from 1917 titled "The Anomalous Law of Private Seals."
http://heinonline.org/HOL/LandingPage?collection=journals&handle=hein.journals/cntrlwj84&div=76&id=&page=

The article begins with a classic & current truth about the legal profession:

"In recent years the legal profession has been censured for the 'law's delay,' and frequently with adhering to absurd forms, customs and usages that have for ages outlived their reasons and vitality. ... A glaring instance is the law relating to private seals in some states."

So my question is, if my state of Washington abolished the law of private seals in 1871, how did Hugh know about it? Was he a post-bellum lawyer? ;-)

Reply by HisHughness on 10/23/11 1:35pm
Msg #401349

Re: Hugh's Historical Knowledge

***have for ages outlived their reasons and vitality.***

There are those who would say that's a pretty apt description of me.

Reply by Julie Aragon on 10/22/11 6:30pm
Msg #401327

Thanks everyone!! It went fine except when I arrived the wife said she had to leave in 45 mins. I dont remember a notary registration #? Is that the same as my commission #?
Thanks

Reply by LynnNC on 10/23/11 2:30pm
Msg #401354

I have seen VA Notes that require notarization...

...but I tell the title company that they have to do it becuase it requires certification that the note is as described in the DOT, or some such language. It is not the notarization of the borrower's signature.