Posted by BrendaTx on 11/16/12 12:09pm
Msg #443637

Florida Notaries - stamping at table discussion.

Since Hugh back tracked on the previous thread about affidavit venue, so will I...kind of....

Florida notaries, please put on your dancing shoes and your big floppy hats. It's party time.


Msg #271223

Florida stamping seal at table - Per the late end all/be all notary of Florida PAW...he said it must be done.

I rely on Paul's wisdom here to settle my mind about many things. WWPD? and all that.

Right now...I wish he was here for many reasons...but at the moment, I want to snarl and argue with him for making me "wrong" about this. (But...I don't think I am 100% wrong ) MISS YOU Paul.

Reply by jba/fl on 11/16/12 12:42pm
Msg #443641

I'm lost....it is the law, so why even have this discussion for Florida notaries?

Reply by MistarellaFL on 11/16/12 1:13pm
Msg #443645

Always have completed notarizations at the table

But what post now stands out to me in that thread was Toby Buttimer aka GA/Atty
(RIP Toby).
Msg #271222

For those of you who are not aware, Toby died in an automobile accident 10/7/10.
Msg #355746
He wrote in that particular post you indicated, that he completed notarizations outside of the closing.
At the time of his car accident, I don't know if he was en route from any signings at the time.

My point being that anything can happen between the signing and the completion of notarizations.
FL Statute §117.107(9) makes sense, if for no other reason that this.

Reply by BrendaTx on 11/16/12 3:17pm
Msg #443661

Hmmm...I guess because this is a discussion board?

Earlier thread. You had good input. Maybe I don't understand what you mean.

Reply by jba/fl on 11/16/12 3:55pm
Msg #443668

Because I am absent from my mind today....sorry friend. n/m

Reply by BrendaTx on 11/16/12 4:02pm
Msg #443669

Understand...I have that a lot these days! n/m

Reply by Linda_H/FL on 11/16/12 1:25pm
Msg #443649

I rely on Paul's wisdom too, Brenda..and I remember.

him posting this AND discussing it on the phone with him - many times - that's why I'm so adamant about it.

Reply by BrendaTx on 11/16/12 3:19pm
Msg #443664

;)

Texas has similar laws. That's how my nose got into it in the first place.

I have put in my last 2 cents on the Florida part. Unless someone loans me a few...(don't!)

Reply by Barb25 on 11/16/12 6:25pm
Msg #443692

I have a question.

First, before any of you beat the "whatever" from me. I complete my certificates at the table. From the academic standpoint, I state all of the following. I would prefer to do it beforehand for a couple of reasons. Another topic.

But do you think this Florida law was written at a time before we were in possession of documents before the signer? Do you think is was also meant for pre-signing and stamping the acknowledgement? The borrower has certainly seen a fully executed notarized document. Should they decide not to sign, it is shredded along with the rest of the documents. With certainly all the respect due a collegue who lost his life in a terrible tragedy, had the docs been not notarized when leaving I understand the example given. Had they been notarized prior and I really do not want to use this example,, but say the closing did not occcur, there is no harm done. Destroy the docs.

This is all academic. I wonder if this State was speaking to all of this.

Anyhow. Just a thought. It would be nice if we, in Florida, could ever get the response and definitive answer they get in say, California. Must be nice

Reply by Linda_H/FL on 11/17/12 11:46am
Msg #443763

Doesn't get any more definitive than this..

Page 20 of the handbook

"The most basic requirement for performing a notarization is that the person who is taking an oath or making an acknowledgment (the one whose signature is being notarized) must be present at the time of the notarization." Although this relates to the "presence" requirement and non-waiver of the person physically appearing before the notary, note it doesn't say "must be present at the time of the acknowledgement or oath" - it says "must be present at the time of the notarization" - which IMO is the signing and stamping of the cert.

JMO

Reply by Barb25 on 11/17/12 7:40pm
Msg #443836

Re: Doesn't get any more definitive than this..

Hmmm. Definitive... "Precisely defined or explicit" I would have used a different word.

I am not looking to take on Florida Notary Law to be sure.

I don't argue what you have said. What my point is/was.. It would nice to know what was the thought process at the time this was written and the year it was written. This is written as if an exercise in Logic 101. If the person must physically appear before the notary, the notary would therefore have to notarize in front of the signer. Again, this would also assume the signer would have the document. Or not? Not worth getting into a tizzy over. Certainly I thought it would be "nice" to know the background of basis for some of the laws that are in place. Just saying.

Also, to get an answer from the office of the SOS as is appears possible, for example, in the State of California would be helpful. I have never been able to do that here.

But as I have said. I complete my certificates at the table. From that standpoint it is a non-issue.

Reply by BrendaTx on 11/17/12 8:50pm
Msg #443840

Barb - agree...notary laws

have not kept up with changes in commerce and lending.