Posted by btsuda on 11/23/12 9:36am
Msg #444408

I didn't press stamp hard enough - what to do next?

I am a California notary and when I stamped a document, all the ink didn't come through. There's not enough room above or to the side without overlapping some other printed words and box lines. Is it okay to just restamp over some words if most of the stamp is visible? Options?

Reply by ArtG/KS on 11/23/12 9:53am
Msg #444409

Never restamp over anything including your notary stamp. If there is not enough room to stamp a second time, then you will have to attach a separate certificate. Be sure its the same certificate as the one you tried to stamp on i.e. acknowledgement or jurat.

Reply by btsuda on 11/23/12 10:30am
Msg #444413

Since I already stamped the original document, should I sign that original document too, or initial it, or just leave it alone now that I'm just going to be using an attached acknowledgement form?

Reply by Gregory/CA on 11/23/12 11:03am
Msg #444415

For me, I put a line through the error and indicate "See Attached Certificate".

Reply by Stephanie Santiago on 11/23/12 12:23pm
Msg #444425

I agree with Gregory.... n/m

Reply by Stephanie Santiago on 11/23/12 12:26pm
Msg #444426

Follow Gregory's suggestion as to what he does,

there isn't a need to re sign the document.
Since you are indicating that there is an attached document, it will be obvious as to why.
On occasion when I have to restamp and there is room on the page, I line through seal that didn't take an simply add a new stamp.

Reply by Marian_in_CA on 11/23/12 1:40pm
Msg #444433

Re: Follow Gregory's suggestion as to what he does,

Same here. I think this has happened to most of us. Stamps malfunction, we don't press hard enough...whatever.

When it's happened to me I've not lined through it but actually taken a darker pen (like a sharpie) and written VOID across the misstamped seal. If there is room I will simply reapply the seal on the page. If not, I'll attach a loose certificate and void out the certificate, adding my "see attached" stamp instead. It's not pretty, but remember that the notarial certificate is YOUR domain, your responsibility.

Just remember that in CA our seal's impression must be able to be reproduced in a photocopy/scan so it can't obscure words, document borders or anything else. I know most of us know that, I only add that for those that don't or who need the reminder.

Reply by jojo_MN on 11/23/12 10:09am
Msg #444410

Do you have the borrower's copy to swap out? n/m

Reply by btsuda on 11/23/12 10:14am
Msg #444411

Re: Do you have the borrower's copy to swap out?

No I don't have another copy, unfortunately.

It sounds like I can just add acknowledgement form to this and I'll be fine.

Reply by ArtG/KS on 11/23/12 11:11am
Msg #444417

Re: Do you have the borrower's copy to swap out?

Yes just add the ack and dont sign on the page where the stamp did not ink through. Cross a line through that and initial - not mandatory, but I would do that then attach new ack.

Reply by ArtG/KS on 11/23/12 11:15am
Msg #444418

I swapped out a doc once about 10 yrs ago when- - -

A cat of the household jumped up and claw shredded a notarized doc. Borrowers got to keep that copy and we redid same from borrower copy set. That was CATagorically speaking, a CATastrophe whereby I wished that feline was CATatonic.

Reply by jba/fl on 11/23/12 12:20pm
Msg #444423

Re: I swapped out a doc once about 10 yrs ago when- - -

Oh, groan!

Reply by HisHughness on 11/23/12 12:28pm
Msg #444427

Good for you for sticking with it.

Had it been me, I would have washed my hands of the whole kitten caboodle.

Reply by Linda_H/FL on 11/23/12 11:06am
Msg #444416

Might not be a "borrower" situation, jojo.. n/m

Reply by Bob_Chicago on 11/23/12 12:00pm
Msg #444421

Since you are in California. I believe that you are guilty

the offense of using your stamp for an unoffical purpose.
I think that you may need to turn yourself into the Secty of State, confess your transgression, resign you commission , and possibly exile yourself to Oregon.
I understand that CA is VERY unforgiving on using your stamp for any unofficail purpose..
I am surprised that the black helicopters have not yet arrived.
Good luck.

Reply by Stephanie Santiago on 11/23/12 12:21pm
Msg #444424

Cute Bob. n/m

Reply by GOLDGIRL/CA on 11/23/12 1:23pm
Msg #444430

Right on, ChicagoBob

The new 51-page Notary Public Disciplinary Guidelines put in effect Nov. 16 this year lists severe penalties for messing up your stamp impression. Section 8214.1(j) clearly states that if a commissioned notary fails to properly complete an acknowledgment when affixing his or her notary seal (and a blurred/incomplete seal would apply here), the recommended action is revocation of the commission and the maximum civil penalty permitted by law of $750 (Government Code section 8215.15(b)). Fortunately for OP, there are possibilities of relief under "Factors and Evidence in Mitigation" (page 35), or is it "Factors and Evidence in Aggravation" (page 36)? In any case, the SOS, in considering whether to revoke or suspend OP's commission, may consider a variety of other factors, including but not limited to the nature and severity of the offending seal impression and any history of complaints received by the SOS regarding OP. This could include any baseless accusations filed by OP's spouse reporting abuse (and according to His Hughness, all accusations of spousal abuse are phooey). Incidentally, kudos to ("I kid you not") Pro Mobile Notary for recently alerting us that spousal abuse is among the offenses listed in the guidelines that could lead to revocation or suspension of one's commission. The SOS also may take into account any prior disciplinary records or warnings from the SOS for other listed offenses, including arson, false imprisonment, rushing a signer, hit and run, kicking the borrower's annoying dog, pimping. failure to pay child support, carrying a concealed weapon into a signing (and we know who you are), tax evasion, terrorist threats and drugs.
BTW, I know personally many California notaries have exiled themselves or are thinking about exiling themselves to Oregon for pot-growing purposes in order to avoid denial, revocation or suspension of their commission.

But there is hope! If OP follows your wise advice and within 15 calendar days seeks mercy at the feet of the SOS (1500 11th St., Sacramento CA 95814), the SOS, represented by its attorney, may launch a "Disciplinary Hearing Process" (page 39); during which, if OP can show "participation in and dates and length of documented rehabilitative and corrective efforts," OP may "Petition for Reinstatement or Reduction of Penalty" (page 45).

Or if worse comes to worst, OP will be required to "immediately destroy and deface all notary public seals in accordance with Government Code section 8207" and him/herself along with it.

Reply by Marian_in_CA on 11/23/12 1:32pm
Msg #444432

Re: Right on, ChicagoBob

But all hope is not lost... if you're a convicted felon and prove you've been rehabilitated, then no harm done. You can keep messing up your seal impression. Nobody will care as long as the court says you've been rehabilitated.

Reply by Bob_Chicago on 11/23/12 2:44pm
Msg #444446

"Been rehabilitated." Not sure if the Betty Ford Clinic

provides Notary Misdeed Rehabilitation. If not , they might consider offering it.
Soulds like it is a HUGE problem in CA.
In Il , we are pretty much only required to ask the signer "are you, you" affixixing a stamp somewhere near the doc and refran from kicking the dog and putting the make on the signers spouse .

Reply by CentralNY on 11/23/12 6:00pm
Msg #444456

Bob I Lurve You (Woody Allen Wouldn't Say Love)

really always so much ado about nuttin honey! in my 20 years I have never had a stamp or signature challenged and I didn't kick no dam dog, but maybe wanted to drown a few cats, for real. LOL freakin L

Reply by 101livescan on 11/24/12 11:51am
Msg #444495

Re: Since you are in California. I believe that you are guilty

Well, Bob, not only do they not have the staffing required to monitor and enforce, but they can't seem to get new or renewing notary commissions processed in a timely manner, so I'm wondering how the hell they are going to round up all the nar do well notaries and enforce these new guidelines. Yep, makes you want to move to IL or FL or OK, somewhere a little less "threatening".

Reply by John Tennant on 11/23/12 12:13pm
Msg #444422

Amazing, absolutely amazing

Do you have a California manual??? Have you read it????