Posted by Megan Knight on 11/8/12 5:12pm
Msg #442673

trustee signings

Have you ever had to notarize documents where the signer is listed as a Trustee? Did you know that sometimes the signer should sign trustee after their names and other times they should not? Take a look at our bulletin post to get some tips on what to do when you find yourself in this situation.
http://blog.notarysigningservice.com/signing-trustee-documents

Reply by Stephanie Santiago on 11/8/12 5:43pm
Msg #442676

Interesting.....are these instructions for Signing Agents

working with your company?
Under no circumstances should California Notaries not follow California notary Law.

Reply by rengel/CA on 11/8/12 6:10pm
Msg #442680

Re: Interesting.....are these instructions for Signing Agents

How does this not follow California notary law?

They can write anything they want to after their name on the docs. I only put their legal name on my notary certificate, not "trustee".

This does not mean I am certifying capacity, only that I am notarizing Joe Blow's signature.

My .02

Reply by dickb/wi on 11/8/12 7:42pm
Msg #442689

Re: Interesting.....are these instructions for Signing Agents

you are right and i think that that should follow in all notary blocks.....regardless of what the lender or title co think, the notary block belongs to the notary and no one else.......only the notary should place words in that notary block as s/he is testifying under oath that what is in that notary block is true......any time a block has been pre filled by the document maker and there is more than just a name ie: husband and wife---trustee etc i cross out the extra wording and leave only the name....we notarize signatures and nothing more....jmho

Reply by MW/VA on 11/8/12 8:42pm
Msg #442702

I'm not sure why you'd write a blog about that on your

website. How the docs are to be signed is up to each lender/tc. I've seen it both ways. It's a good thing they don't have to sign all the verbage, because it goes on & on.

Reply by PegiT_MN on 11/8/12 10:43pm
Msg #442715

Re: I'm not sure why you'd write a blog about that on your

You are right......it is up to the lender/tc how the docs are to be signed. I have had a title company make borrowers sign all the trust verbage. It was horrible. They were an older couple and the closing took more than two hours. They had to sign Frederick William McGillicutty, trustee for the Frederick William McGillicutty and Francine Wilhemenia McGillicutty Living Trust dated October 23, 1977. Try signing that on 104 pages of documents. I have also had title companies only make them sign their name on some of the pages, trustee after their names on some of the pages, and settlor after their name on some of the pages. You never know what you're going to get with these trusts.

Reply by Edward Cooke on 11/9/12 11:30am
Msg #442767

Capacity, whether trustee, agent, etc., is quite important. Signing a document without statement of capacity makes one personally liable for the terms of the document since the signature is in one's personal capacity. If signing for a trust, corporation, etc. then sign as such and never let a signature witness (common law notary) strike out any statement of capacity.

Reply by JanetK_CA on 11/10/12 1:33am
Msg #442873

I agree with your statement about not striking anything out on the body of the document itself, including under the signature line, but not when it comes to the notary certificate. My thoughts are in sync with dickb/wi on this issue. Further, in California, we cannot certify a capacity, so if "trustee" is included in the notary certificate, it MUST be stricken.

Every state has different requirements and restrictions, so please be careful about making blanket statements about items that can vary from state to state.