Posted by JanetK_CA on 10/25/11 3:01am
Msg #401542

Watch out for this one...

I received a set of docs tonight for a signing tomorrow where the realtor was told that the borrowers needed to find (and pay) their own notary. The smart realtor stepped in to take care of it for them and forwarded the docs to me. They included a form from the title co that asked for my contact info (no problem there), but then it was followed by a statement like this:

"In the event { -- unnamed title co -- } encounters a problem with the Notary section, I, _______________, (notary public) authorizes [sic] { -- unnamed title co -- } to make changes to the notary section only."

I've received a request like this before and when I pushed back on it, I received no resistance and was told to just leave it blank. I have very mixed feelings about this form. My first reaction was a certain amount of outrage that someone would even consider asking such a thing. But on more reflection, I realize that it's likely no one would have thought about creating a document like this if not for a repeated need for corrections to notary certificates. The other possibility, of course, is that they're just out right criminal and are trying to commit fraud, but I'm guessing the odds are in favor of the first option...

I can think of three obvious lessons (and ain't none of us perfect... ):

1) know your state's notary law inside out
2) check your work
3) don't fall for a request like this one, regardless of how much you might want their business!

Reply by jba/fl on 10/25/11 6:41am
Msg #401546

This is a tc with some big ones - I would be tempted to forward this to the SOS of every state in the union.

Somehow I just can't get overly outraged enough though.....becoming jaded as to what passes for ethics these days? perhaps.... Really sad state of affairs.

Reply by Alz on 10/25/11 6:42am
Msg #401547

Thanks for giving all of us a heads-up. Personally, I would never leave any section of a document blank that I do not agree with. Why not strike thru the verbiage and initial.

Reply by BrendaTx on 10/25/11 6:56am
Msg #401550

Mail away from lender had instructions for the notary.

The most frustrating work I have ever done on a stack of docs was when a former manager refinanced her home last spring. OMG. The lender sent them o/n to her.

First, I did not get to see the documents until they had ripped through them and signed them, except for the notarized documents. Of course, her husband had signed those to be notarized before she brought them to me. Fortunately, they were going on vacay and he was coming over so that I could get him to sign my book, acknowledge some, and re-sign those with affidavits. (Did not go over with him.)

Secondly, they thought that they knew better than the notary, so they did not give me the "Notary Instructions" until the documents were signed. Very frustrating. Of course, I was doing it as a notary and not a signing agent, but still...that would have been good to see.

She wanted to sign with a burgundy pen, but I got her to switch and she chose black. He had signed in blue. Of course, the instructions said black ink. Too late.

She re-read the instructions and got aggravated with me for not knowing they should have signed in black. WTH? They had already signed before I got them. I told her to turn them in like that (lender was in same building). The lender, of course, accepted them with no problem....I had seen many of this lender's documents signed in blue ink, so I was not real concerned.

She wanted ME to sign and notarize the document that was included and something like Janet's document mentioned above, plus a "verification" that I had seen ID, etc. By the time we got through with that stack I was pretty unhappy with them and they with me. In the world of academia, if there's a PhD behind a certain 25% of personalities' names, they know best about everything...even notary laws. (What parts of "these forms are for notaries who are HIRED by a title company or signing service, not me" and "not allowed to do it" do you not understand?)

It took forever.

Reply by jba/fl on 10/25/11 7:35am
Msg #401552

Re: Mail away from lender had instructions for the notary.

A little edjumacation goes too far - again! Detest these type people. They have no wisdom, just book larning'.

Reply by Notarysigner on 10/25/11 7:50am
Msg #401553

Re: Mail away from lender had instructions for the notary.

Ha Ha, that signing I did in the police interrogation room a while back was like that. The they had already signed the docs with the previous date (the date they went through them) but didn't show me THOSE DOCS. I asked if they would like me to review the OTHER doc for correctness but they declined.

TC Didn't accept once they got the backs, had to be resigned, cost the borrowers twice..he was the PC and she did have a Phd behind her name. ROFL

Reply by Holly Schafer on 10/25/11 10:34am
Msg #401576

My fav is the look ack request

I'll happily do those but then fill in the bottom of the form that it's attched to nothing.

Reply by SouthernOK on 10/25/11 10:47am
Msg #401583

should read loose...LOL! n/m

Reply by JanetK_CA on 10/25/11 11:48am
Msg #401595

Re: My fav is the look ack request

Holly, hopefully you were just joking, but for the record, I would NEVER do that. It's too easy for someone to simply white out your comment about it being "attached to nothing". If someone has fraudulent intentions, they wouldn't let something like that stop them.

IMO, no notary should EVER complete any notarial certificate without it being attached to a specific document.