Posted by Calnotary on 5/5/12 9:25am
Msg #419991

I want your opinions

I did a signing a few days ago where there was a modification agreement within the loan docs that some other notary notarized the mortgage operations managers signature. She did not write notary public after her name in the ack. and did not circle he, she, their, etc


Is this document's signature properly notarized if the the acknowledgement if full of errors?

Reply by Linda_H/FL on 5/5/12 9:40am
Msg #419992

IMO I think it's fine unless the recorder gets anal about it

Also, since it was lender's document notary and not you, it's not your concern...I wouldn't worry about it...just do your certs correctly.

To answer your question directly, yes, IMO it IS properly notarized - unless those things you mentioned are required elements/details, technically the notarization is fine.

JMO

Reply by Marian_in_CA on 5/5/12 10:15am
Msg #419997

Was it a California notary?

If so, then it's WRONG... only because the notary failed to include her title after the name. There's debate over the requirement to circle the proper pronoun... but the big thing it failing to include her title.

Inserting our title is part of the required certificate wording (CA Civil Code 1189). Which means it's a failure to perform duties.

If you don't have a copy of it, there's not a lot you can do... but if you do, definitely send it to the Notary Division at the SOS's office with a letter explaining that situation... then let them deal with it. Or at the very least, contact that notary directly with the copy and let her know. Her mailing address is easy to obtain from the SOS's office or from the notary list on their website. It's public information.

Pointing these things out helps us be self-policing as a group and it helps maintain the quality required. IMO this notary needs to be made aware of her error. I know if I'd forgotten (or failed) to do that, I would appreciate somebody pointing it out to me so that I didn't do it again. It may have just been an oversight, but it may be that she never does it and needs to be corrected.

Reply by Marian_in_CA on 5/5/12 10:18am
Msg #419998

BTW...

This is ESPECIALLY important if this notary just happens to be an desk jockey notarizing stuff as part of her job. In my experience, it's those notaries who are the least knowledgeable about their duties and more lax about the rules.

Reply by Calnotary on 5/5/12 10:33am
Msg #420001

Re: BTW...

Thanks Marian, I think you are 100% correct. Yes she is a CA notary and her seal shows XYZ, enough said!

Reply by Marian_in_CA on 5/5/12 10:35am
Msg #420003

OH! In that case... DEFINITELY do it...

Desk jockey + XYZ seal = trouble. I'm pretty sure she has no clue she's doing it wrong.

Reply by RickG/CA on 5/5/12 3:13pm
Msg #420021

Re: BTW...heck, copy them as well

and let them know information from their class is incorrect or at least not effectively presented.

Reply by Pro Mobile Notary on 5/5/12 6:55pm
Msg #420040

Re: Was it a California notary?

If an escrow officer hears that one of her clients was reported to the SOS for wrongdoing, what is the likelihood of them ever using you again if they lose that client's business?

Signing agents are not the police and nowhere in our oath of office in CA or in anything in the notary handbook are we as notaries responsible for the work product of other notaries.

Do you job right and let the escrow officer deal with the flub (if they have to).

Reply by Marian_in_CA on 5/5/12 10:16pm
Msg #420053

I wouldn't care....

If a company stopped using me because I reported one of their notaries for improper procedure, I'm totally fine with it. No amount of business is worth it.

If I see notaries doing something wrong, I will either contact them directly or report it. I don't particularly care.

Reply by VT_Syrup on 5/6/12 9:08am
Msg #420060

I suppose the notary who is alleged to have made errors is in California, since there is a blank for the office held after the notary's name.

There are two separate questions. If the errors come to the attention of the California SOS, will the notary be disciplined? That seems likely.

If there is a lawsuit alleging the notarization is fatally defective and the agreement should be treated as if it were not notarized at all, I don't know. Courts seem to willing to overlook clerical errors if the necessary information can be found somewhere in the document. In this case the office held can be found on the seal.