Posted by Budman on 12/19/12 7:00pm
Msg #447135

correction signing

I have a correction signing tomorrow and my instructions say have borrowers date everything the original date of 11/24/2012. Change the dates on the RTC to 11/24/2012 and 11/28/2012. Evidently the original notary messed up the dates on the RTC.

I know that the date on my notorial certificates is going to be tomorrows date, period.

What do you think about the borrowers dateing with the original date?

Buddy

Reply by BrendaTx on 12/19/12 7:05pm
Msg #447136

Acknowledgements, no problem.

They can sign in February and acknowledge before the notary on a date in November.

Reply by pdl/cali on 12/19/12 7:36pm
Msg #447141

Re: Acknowledgements, no problem.

Just as long as your notarial certificate is dated properly. The date should have the date you notarize.

Reply by Pro Mobile Notary on 12/19/12 8:03pm
Msg #447146

Re: Acknowledgements, no problem.

For a CA notary to anything but acknowledge the signatures on the date he is there to do his notarial acts could buy Budman a all expenses paid vacation visit to Hotel CA (the state prison).

I know Buddy Young and refuse to believe he would do anything other than what is right and in full compliance with the law.

Reply by BrendaTx on 12/19/12 9:13pm
Msg #447155

Assuming you are directing that at me, PMN...

I said it would not be a problem for the document to be signed in February and notarized in November.

And that is perfectly correct.

The signer may sign the document on any date and appear before the notary on another date, acknowledge the signature, and have it notarized.

We've already been through this on acknowledgments. See page 10 of your California handbook, and go back to look up where a CA notary pulled out the exact place in the CA law. I will see if I can find it...but, in the meantime...page 10/handbook:

In the certificate of acknowledgment, the notary public certifies:
• That the signer personally appeared before the notary public on the date indicated in the county indicated;
• To the identity of the signer; and
• That the signer acknowledged executing the document.<----

The notary does not have to see the signer sign, he or she simply administers the verbal ceremony, "Do you acknowledge that this is your signature?" The date of the ACKNOWLEDGMENT of the signature by the signer is the date that goes on the certificate

Reply by BobtheElder on 12/19/12 10:13pm
Msg #447160

Re: Assuming you are directing that at me, PMN...

I'd have a problem with seeing the borrower date it the way specified, and then notarizing it. Maybe it's just me, but it's one thing for someone to bring me a signed document and acknowledge it and another thing entirely to sign it and back-date it in front of me...

Reply by VT_Syrup on 12/20/12 6:14am
Msg #447177

Re: Acknowledgements, no problem. Since this technical...

Since we're getting technical, let me point out that Pro Mobile Notary's wording isn't quite correct, and in this case, could cause a bit of confusion. "For a CA notary to anything but acknowledge the signatures...." Actually, notaries don't acknowledge the signature(s); the signer acknowledges the signatures and the notary takes the acknowledgement. Clearly the signer can sign on January 1, 1984, and say aloud to a notary "I signed that paper" on December 20, 2012.

Reply by BobtheElder on 12/19/12 9:13pm
Msg #447156

I can't imagine how that would work... I don't think I'd do that one myself.

Reply by Budman on 12/19/12 11:26pm
Msg #447166

I printed the package tonight and it's a complete loan package. I looked to see if there was anything that I have to notarize that they sign with a date and there is. If they date on 11/24/2012 in front of me and I notarize on 12/20/12, I won't do that. I don't feel right about it.

Reply by Marian_in_CA on 12/20/12 5:38am
Msg #447174

I'm with Brenda... I don't see the problem...

If you're dealing with an Acknowledgment the date on the document is completely irrelevant to the date on your notary certificate. The date on your certificate is simply the day the signers appeared before you. It does not have to mean it's the day they signed. You're not certifying the date they signed anything...only that they acknowledged signing.

Now, if it's a document with a jurat... that's completely different. Those must be signed in front of you on the same day you issue the oath and fill out the certificate.

Reply by BrendaTx on 12/20/12 8:32am
Msg #447188

This is a most basic notary principle. Sad.

I cannot believe that half the notary population has no clue about it.

Reply by BrendaTx on 12/20/12 8:30am
Msg #447187

budman - save yourself a ton of grief

Call the Sos. Let them tell you what Marian and I have.