Posted by Donna LaBelle on 3/22/12 5:32pm
Msg #415732

This is just ridiculous

I had a signing the other day and some of the docs didn't have the correct notarial wording so I used my acknowledgement stamp and jurat stamp as needed. I got a cal yesterday saying that one of the jurats was incomplete. They emailed me a copy of the document and after looking it over, there was nothing incomplete about it. They claimed it was incomplete because i had not printed my name and expiration date in their incorrect jhurat wording so they sent me a jurat form-which was no different than my jurat stamp- and had me redo the jureat, which by the way did not have an additional line for me to print my name and expiration date and they claim they cannot fund until they receive the new original which is no different thanthe one that was correctly done in the first place., and the signing company? well they don't have a clue.

Reply by Sha/CA on 3/22/12 5:42pm
Msg #415733

JMHO, but I would ask for a higher authority in that department and explain it the way you see it. I had a similar experience and did just that (held my ground because I knew I was right), and I think they learned something because of it. I'm pretty sure that sometimes we do know more than another person trying to assert their authority. Like I said, JMHO!

Reply by Donna LaBelle on 3/22/12 6:47pm
Msg #415737

the response I got waS "i KNOW BUT THIS IS WHAT THIS PARTICULAR LENDER WANTS" wHAT A CROCK!

Reply by Marian_in_CA on 3/22/12 7:56pm
Msg #415743

This is where CA Notaries invoke CA Gov't Code 8225(a)

All you have to do is tell them that the CA law has a very specific jurat form tha tyou must use, and there are NO deviations allowed. You then let them know that now that they know what they are asking is illegal, you read them CA Gov't Code 8225(a), which says:

"Any person who solicits, coerces, or in any manner influences a notary public to perform an improper notarial act knowing that act to be an improper notarial ac...shall be guilty of a misdemeanor."

Just plain ASKING you to do something illegal when they know it to be illegal is a CRIME and should be reported to the SOS. I tell them if they ask me again (after quoting the code, which is in the handbook) I will report them to the SOS if they ask again. The lender's request cannot take precedence over the law and I will not risk the loss of my commission or even jail. And in CA, they do put notaries in jail. No, thank you.

I'm honest... I say, "Look I've told you what my state law says. You know it's illegal. If you ask me to do this again, if you try to coerce me or even punish me...I will report you to my Secretary State." I'm telling you, it works every single time for me.


IMO, every single California notary Public needs to have CA Gov't Code memorized, or at the very least, printed on a small laminated card for reference. It's one of the very best defenses we have.

Reply by Barb25 on 3/23/12 8:47am
Msg #415768

Sometime I wonder if the lender

even knows about this or it is just a title company employee being unreasonable and trying to exercise some kind of power.

Reply by SReis on 3/22/12 6:35pm
Msg #415736

Not sure bout ca law but in ma we are not allowed to send

Anything after the fact. We would have to go back out and have the form re-notarized if there were an issue or be liable if the just or ack had been attached to some other doc.

Reply by Donna LaBelle on 3/22/12 6:49pm
Msg #415738

Re: Not sure bout ca law but in ma we are not allowed to send

Well the whole thing was BS since it was all done properly the first time around. I am taking the original doc to the SOS and letting them do whatever they will do about it.

Reply by VT_Syrup on 3/23/12 7:42am
Msg #415764

Speculation on reason for rejection

Perhaps the doc was rejected because the type size on the jurat stamp was too small, but the person who actually called Donna had not been told the reason, so the caller just made up a reason. When confronted, the caller just dug in his/her heels.

Reply by jba/fl on 3/23/12 8:50am
Msg #415770

Good one. Sometimes so true. n/m