Posted by 101livescan on 2/2/12 8:39am Msg #410605
First Time in my Notary Career this has happened
I did a notary for an attorney substitution of trustee and deed of reconveyance. He signed my book and I logged his ID, I do notaries for him from time to time. He asked if I needed a thumbprint, and I said no, not for this document. I mentioned that in all the years of my experience, no one had ever requested a copy of my journal entries or my journals. He said, well, when you work with me, it could happen.
I just about dropped through the floor. Apparently, he has been called on the carpet and notarizations for his clients have been scrutenized by courts, notaries' journal entries have been subpoened by the court.
I should be grateful for his candidness. So, maybe I need to start checking the background of some of the attorney's I work for. I think there is some risk in doing general notary work for people who may be pushing the envelope.
Anyone had their journal entries or journals subpoened lately? or ever?
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Reply by jba/fl on 2/2/12 9:16am Msg #410606
"I did a notary for an attorney" "I do notaries for him"
Of course, you know my reaction - I am ROFLMAO! wondering what you do to those poor people.
As for your question: no, never.
Sorry, 101, you left yourself wide open. LOL
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Reply by Linda_H/FL on 2/2/12 9:37am Msg #410608
I'm rubbing my eyes...can't believe I just read that..:) n/m
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Reply by MW/VA on 2/2/12 3:24pm Msg #410656
ROFLMAO! This is really coming from Cheryl especialy! LOL
"I did a notary"--"First Time in my Notary Career"----LOL
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Reply by 101livescan on 2/2/12 3:47pm Msg #410664
Shucks, I'm so flattered to have made everyone have such LOL at my post. 5:30a came early after getting to bed at 1:30am with car trouble and AAA Club towing to dealership.
But I shall choose my phrases better in the future so I don't take such a public fleecing and flogging, all done in good fun of course.
A deed of reconvenance DOES NOT require a thumbprint in the notary journal, nor does a trustees deed in foreclosure or non judicial foreclosure in CA. It's the substitution of trustee that requires notarization, the reconveyance deed does not require notarization. At payoff of the note secured by a DOT, the deed is simply reconveyed by the trustee/lender and returned to the borrower UNNOTARIZED but signed by an officer empowered to do so.
My deeper concern is that this individual may not be as ethical as most people I PERFORM NOTARY ACTS (not notorious acts HAHA), and he may have earned himself a reputation for his ethics in carrying out his client's wishes. I do not wish to be involved for sure.
Have a great day everyone.
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Reply by LynnNC on 2/2/12 4:00pm Msg #410667
"I did a notary"..."I do notaries..."- from Livescan!!!
Didn't she used to teach signing agents?
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Reply by 101livescan on 2/2/12 4:52pm Msg #410672
Re: "I did a notary"..."I do notaries..."- from Livescan!!!
Yes, still do! I do know my stuff and CA notary Law, just poor use of grammar! PLS IGNORE MY MISUSE of DOING NOTARIES/NOTARY...just have fun with it.
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Reply by BobbiCT on 2/2/12 9:31am Msg #410607
RFLOL doing notaries ...
Sorry, couldn't help my self.
I've performed thousands of notarizations over a career so long I'm not going to mention it.
It is very common for attorneys, law firm employees, witnesses and notaries public to be questioned about the circumstances surrounding a signed, witnessed and notarized document. No fear - just do your job carefully, precisely and according to the law of your State.
Estate planning documents are the most often questioned: after the signer is deceased and "where's MY money?" "mom wouldn't do that to ME!" "What do you mean dad spend ALL his money?" family, friends and employees show up with their hands out. Business agreements that aren't performing as one party thought also are in that mix.
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Reply by DaveCA/CA on 2/2/12 10:02am Msg #410612
I thought thumb print needed
I know the handbook just says... If the document to be notarized is a deed, quitclaim deed, or deed of trust affecting real property or a power of attorney document, get a thumb print. I have always taken a thumb print for Deed of Reconveyance. I know that there has been a discussion about asking versus demanding but I really thought this needed thumb print. I don't think I have ever seen a document titled "Deed". Looking for clarification please. Thanks
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Reply by Yowheelz on 2/2/12 10:53am Msg #410616
Had NJ Police Dept. Call Me
Question the legality of a rubber stamp instead of an embosser on a document to reclaim an impounded vehicle. Said he had never seen a rubber print used before. Guy must have been new and hadn't seen many notarized documents.
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Reply by NJDiva on 2/2/12 11:29am Msg #410621
hmmmm, okay, right, "new" tee hee...did you ever see
Jersey Shore? NJ Housewives? Jerseylicious? Ugh, THAT may be why. Unfortunately, though those shows do not depict ALL NJ residents, they are "REALITY" shows after all.
So, it comes as no surprise to ME! XO I love NJ! tee hee
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Reply by SheilaSJCA on 2/2/12 11:59am Msg #410624
You are right Dave, a deed is a deed-needs thumbprint
A deed of reconveyance does affect real property, yes, a thumbprint would be required.
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Reply by 101livescan on 2/2/12 3:59pm Msg #410666
Re: I thought thumb print needed
page 27 of the SOS handbook 2011, SS8206 (a)2G, last three lines of paragraph.
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Reply by SheilaSJCA on 2/2/12 4:22pm Msg #410669
Aha! I stand corrected. Thanks for clarifying this Cheryl n/m
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Reply by GWest on 2/3/12 9:11am Msg #410726
I once had a police officer come to my place of business and requested to see my notary book. This was a case where I had notarized the signature on a trust. The person died about a year later and the family was fighting over their inheritance. One of the heirs was a client of mine and he was the one that asked me to go with him to notarize his mom's signature. One of his brothers told the officer that I just gave my notary book to my client, he took it and had his mom sign it and I notarized the documents without being present. I described the details of my meeting with his Mom, the officer believed me, and that was the end of that.
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