Posted by Matt_VA on 10/12/12 9:00am
Msg #438282

Dumb question

For these evidence forms; what is the notorial act on some notes that says:
" This is the note described in and secured by a Deed of Trust dated XXXXX"?
I'm ashamed to say, I have been filling these out for years and I don't even know what action to list on the notary evidence form. Is it an Ack, affirmation, etc.... ??? Help please?

Reply by NVLSlady/VA on 10/12/12 9:07am
Msg #438283

**I don't even know what action to list on the notary evidence form**

See, it's all coming together now . . .
DON'T notarize the Note!

Reply by Barb25 on 10/12/12 9:22am
Msg #438285

You just sign that, right? Doesn't it ask for your commission number or something? I am working on memory when I agonized over this in the past having had 2 files on VA properties... (which I did NOT notarize but that the TC gave me a hard time about)

Reply by CopperheadVA on 10/12/12 9:39am
Msg #438286

I believe we can notarize the Note as requested. In Virginia, notaries are authorized to "verify facts". I call it a "certification" when I complete the Chase form because that is the language used in the standard VA Note notary certificate. Instead of using "oath" or "affirmation" I use the words "jurat" and "acknowledgment" on the form. I made a master form with my info and the notarized docs for a Chase package - I saved it on my computer and I print them off as needed. I am not going to fill all that same info in every time.

Reply by MW/VA on 10/12/12 12:36pm
Msg #438305

Great answer, Linda. :-) n/m

Reply by NVLSlady/VA on 10/12/12 12:46pm
Msg #438307

Yes, I sign and notarize a separate acknowledgment; I touch nada on the Note itself

Reply by CopperheadVA on 10/12/12 3:23pm
Msg #438325

That means you are choosing the notary certificate, which

notaries are not allowed to do. That is, unless you are asking the hiring party each time if they want an ack or jurat. That is a battle I would not choose to fight with every loan package.

Reply by MW/VA on 10/12/12 4:11pm
Msg #438339

I'm in agreement with you again, Linda. I have never

seen an ack or jurat being part of the Note. I've always signed that clause. Just because it's not an ack or jurat doesn't mean I can't do that. We're not in CA, remember? ;-) LOL

Reply by Barb25 on 10/12/12 4:58pm
Msg #438346

Re: I'm in agreement with you again, Linda. I have never

But again, in VA you can do that and place your seal as a notary, Right?

In Florida, we cannot.... I would have no problem signing that as an individual in my capacity as a notary.

So my question, do complete as a notarized act... stamp and all.

Maybe I am not asking the question correctly.

Reply by Matt_VA on 10/12/12 7:02pm
Msg #438353

Re: I'm in agreement with you again, Linda. I have never

Yes ,I stamp and everything. Total, just like any other notorial act. In fact, half these companys don't have a preprinted area for state/ county/ date. I have to fill that in by hand under the cert wording. So, are some you saying this is only for Virginia, where I am? I still don't know what title this sction is for the evidence form, jurat, ack etc.

Reply by Matt_VA on 10/12/12 7:20pm
Msg #438356

Re: I'm in agreement with you again, Linda. I have never

Sorry to beat this to death, but this was the thread I started. This is straight from the VA handbook from Sec. of commonweath:

A notary has the power to perform various official acts, known as “notarial acts”. The Code of Virginia specifies five basic notarial acts:

1. Taking acknowledgments
2. Administering oaths and affirmations
3. Certifying affidavits or depositions
4. Certifying “true copies” of documents
5. Verification of fact

So which of these acts is the note notorial act? Should I just call it certification? Seems like #5 is more like it. It is veriifying the fact that the note is attached to a deed of trust with a certain date?? This evidence form is setting us up for trouble.

Reply by CopperheadVA on 10/12/12 7:29pm
Msg #438363

Yes it's #5

And you are correct that many times the venue and date of notarial act are missing and must be added to that notarial certificate in order for it to have all the required elements for VA.

Reply by NVLSlady/VA on 10/12/12 7:54pm
Msg #438367

Re: I'm in agreement with you again, Linda. I have never

If you are comfortable with verifying "fact" on a doc, then you are a MUCH BRAVER hombre than I'd ever be!!! You're right, the Handbook is our friend (:

Will be nice when FNMA nips this thing in the bud . . .

Reply by NVLSlady/VA on 10/12/12 7:56pm
Msg #438369

Sorry, forgot to respond to "Yes, it's #5" in Subject n/m

Reply by CopperheadVA on 10/12/12 8:19pm
Msg #438373

I have no problem with the certification.

I'm not sure how a signing agent can be successful in VA if he/she is not willing to notarize with this certificate. Yes we are allowed to verify facts. So I look at the Security Instrument and I confrm the date of it and the property location listed in it. Then I complete the certificate on the Note. I think if I crossed it out and included an ack certificate every time, I would find myself without many clients.

Reply by Barb25 on 10/12/12 8:59pm
Msg #438379

Well not to be difficult... BUT

the two times I have been in this situation
I was able to "work out" with TC as follows: that I sign as me.... with no capacity and provide an all purpose acknowledgment notarized in my capacity as a notary. That seems to work. As I have heard no more since either incident.

Again, as a Florida notary we CANNOT certify in our capacity as notaries what is being asked on the notes, unfortunately.

Reply by NVLSlady/VA on 10/13/12 4:18am
Msg #438399

not sure how a signing agent can be successful in VA . . .

**If he/she is not willing to notarize with this certificate**

This is no doubt why I will NEVER make it in Hollywood (or "to the top" in business); so a humble, poor notary I will stay

(Like L. Hubbell wrote, " this subject has been chewed and spit out . . ." also see Msg #92401)