Posted by NCLisa on 12/11/12 1:30pm
Msg #446195

NC Notaries regarding the notarization of VA Notes

I was tired of arguing with a lender today regarding my not notarizing a VA note. I already knew the answer, but wanted to provide the answer to NC Notaries. NO..you can NOT notarize a Virginia note unless the language has been changed to an acknowledgement.

>>> "Lisa" 12/11/2012 1:35 PM >>>
I have a lender requesting that I notarize this language on a Note:

This is to certify that this is the Note described in and secured by a Deed of Trust dated December 11, 2012 on the property located in Alexandria, VA.

_______________________________
Notary Public


Can a NC notary, notarize this document with this language?

Thank you,

Lisa

From: notary [mailto:[e-mail address]]
Sent: Tuesday, December 11, 2012 1:47 PM
To: lisa@*

Subject: Re: Notarization of a VA Note

Because a notary cannot certify anything, you can't use this language.

If you have further questions, please advise.

Thanks

Judy

Customer Service
NC Secretary of State
PO Box 29626
Raleigh, NC 27626-0626
919-807-2219 fax 919-807-2210
[e-mail address]

Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipient (s) and may contain confidential and privileged information. Any unauthorized use, disclosure, or distribution is prohibited. In conjunction with transactions of public business, this email is subject to N.C. Public Records Law and may be disclosed to third parties.

Reply by GOLDGIRL/CA on 12/11/12 1:56pm
Msg #446199

I've had this battle before...

What is it they don't get? We notarize signatures. We don't certify the contents of loan docs. You can offer to attach a loose leaf ack notarizing the signature of the borrower on the note, but that's not really what they want.

Reply by NCLisa on 12/11/12 2:02pm
Msg #446201

Re: I've had this battle before...

There reply was .... we will find a notary that will notarize the note.

Yes, convince a notary to do something illegal. That should go over well.

Reply by JPH13/MO on 12/11/12 2:38pm
Msg #446205

Re: I've had this battle before...

Yes, I have had this happen as well and been told they would find someone else to do it. My response to this is, then please make a note of whoever they are and don't use then normally, as they do not know their state laws and could wind up getting you in trouble.

Virginia notaries ARE allowed to do this type of notarization. It's too bad they can't come up with wording for when the notarization is being done in a state that does not allow it. They have to find someone willing to perform an illegal act to get the loan done, and that just isn't right!

Reply by MW/VA on 12/11/12 7:50pm
Msg #446237

If you can't do it by your state laws, then you can't do

it. No, it's not an ack or a jurat, and I have never been able to figure out why it shows up only on Notes in VA, and not always at that. It varies by lender--so obviously, it's not a state requirement.

Reply by Edward Cooke on 12/11/12 10:35pm
Msg #446255

Re: If you can't do it by your state laws, then you can't do

It's not just in Virginia; it's most commonly used in Louisiana where documents are paraphed by the notary drafting them as "Ne Varietur" which means, roughly, no variation. It's used to reference one document to another. "Ne Varietur" is most often, though not exclusively, used with documents relating to immovables, e.g., Cash Sale, Act of Sale and Mortgage, Dation en Paiement, Mandate/Procuration (there is no "Power of Attorney"), etc.

Reply by VT_Syrup on 12/12/12 7:36am
Msg #446279

Re: If you can't do it by your state laws, then you can't do

There is a web page by a LA law firm claiming that the paraph, also called "ne varietur", is no longer required. The page is at

http://www.mcglinchey.com/contentDetail.asp?id=11600

That web page only mentions the mortgage, not all the documents mentioned by Edward Cooke.

I have no idea if the LA law firm knows what they are talking about or not.

Reply by Edward Cooke on 12/12/12 9:22am
Msg #446293

Re: If you can't do it by your state laws, then you can't do

It appears that the relevant sections of the Civil Code and the Code of Civil Procedure were amended in the 2012 legislative session. This doesn't surprise me as the same session created a "second class" notary from those who failed the hardest part of the notary exam (drafting a document from the scenario given) and they can only witness signatures. This was pushed through the legislature by the banking industry lobby because in 2005 the state took over the examination of notaries and in the very rural parishes banks could no longer have the parish exam committees "waive" the exam requirement for notaries and just appoint a bank employee as one. It wouldn't be a stretch to think the banks were also behind the change to the paraph. Anything to dumb down the system (in my not so humble opinion).

Reply by VT_Syrup on 12/12/12 9:26am
Msg #446295

Re: If you can't do it by your state laws, then you can't do

In this case, it isn't so much about dumbing down the system as trying to find something that works, given the reality that people don't always travel to the state where real estate is located to conduct a real estate transaction, so any act that can only be performed by an officer of that one state is unrealistic.