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Making Notarized Documents Conform to Person and Noun
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Making Notarized Documents Conform to Person and Noun
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Posted by CarolF/NC on 11/4/12 10:12am
Msg #442108

Making Notarized Documents Conform to Person and Noun

Are there states that have a requirement to make the documents conform to gender/person and noun and do lender and title companies want their documents all marked up? Example:
Sharon Smith appeared before me and he/she swore that she was the person(s) which executed this document. Do you circle or cross which is appropriate?

Reply by Shoshana/AZ on 11/4/12 10:29am
Msg #442112

Yes, there are some states that are very strict about that. Circle, line through or attach a loose cert. I would circle "she" line through the "s". If it was a Provident loan I would attach a loose cert. AZ is strict about it actually being attached.

Reply by CarolF/NC on 11/4/12 10:58am
Msg #442114

Thank You Shoshana. There is no requirement in CA so now I wonder what the Lender and TC companies prefer. I do not do it on any document and so far have not heard a word. Less is less work for meSmile

Reply by Shoshana/AZ on 11/4/12 11:01am
Msg #442116

Carol, you should check on that.

I think I heard that it is a requirement in CA. I used to be a CA notary and ALWAYS did it. In 10 plus years, I have never had a problem.

Reply by CarolF/NC on 11/4/12 11:12am
Msg #442117

Re: THAT WAS A TYPO I'M in NC

oh how bad. I lived in CA 32 years and a year later I'm still not used to typing NC. Really isn't there anyway to edit or delte a post on this site?

Reply by LKT/CA on 11/4/12 11:22am
Msg #442118

Yes, when completing an all-purpose certificate that is included with the doc, I circle the appropriate pronouns/language and cross out what doesn't apply. If I have to attach a loose cert, I use custom certs I created in Word. They are each for male, female, and multiple signers - this greatly reduces fraud (at least the notarization part).

A few weeks ago, I received a GNW call to notarize for a couple. Informed the caller that both signers need to bring a current DL, state ID card, or passport, and have the doc filled out but not signed. Only one of them showed up to the coffee shop, but both had signed the doc. Said they had already signed the doc before calling me.

I asked if their spouse was coming and they said NO. The person wondered why I wasn't notarizing both signatures. I informed that person of the point of notarizing - that ALL signers need to appear before me and be ID'd. I said that their spouse could get their signature notarized by another notary who will attached a separate cert. The doc had an ack with it, a separate page - an all-purpose one printed from the SOS website. I completed my custom ack for the person appearing before me. On my certs, the line is shortened so it would be a very tight squeeze to put in more than one name. And being that the language in the ack is for a ONE signer, that would reveal an obvious alteration of the cert if another name were added.

If I have a signer with an unusually long name, I have back-up certs for that. So far, 99% of names have fit in my custom certs. I sensed the lone signer was very disappointed that I used my own cert instead of the one included. My intuition told me that the signers planned for one of them to appear before a notary, then they'd just write in the other person's name. Maybe the other spouse didn't have ID or they wanted to save ten bucks. No proof of that, but I had a very STRONG suspicion that's what they were up to.


Reply by GOLDGIRL/CA on 11/4/12 12:46pm
Msg #442124

Sounds to me.....

....that it's likely there was no other "spouse."

Reply by JanetK_CA on 11/4/12 4:49pm
Msg #442148

Good example of why it's a very good idea to make the certs gender and singular/plural specific, regardless of what state law requires. I have always done so - not because of any state law (I don't think it's even addressed) - but because I think it's a good notarial practice. We've read several tales here from notaries who have looked up recorded documents and found someone's name having been added to their certificate. This is flat out fraud!

In the situation that Lisa was referring to, the notary has no way of knowing whose signatures were on that document. The other signature could have been put there by anyone and the actual person named in the document might not have any knowledge of what it was all about. That's at the very heart of why a document is notarized to begin with!


 
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