Posted by Jose Gutierrez on 8/27/13 10:46am
Msg #482086

I got a TS defect because...

they are saying it's missing a notary seal on the Identity Verification and Acknowledgement Certification. But in CA we can not stamp as proof of commission and there is no instructions there to notarize and there is no notary verbiage or Signatures to notarize. It's just my signature in that page and I can not notarize my signature. Comments please.

Reply by sueharke on 8/27/13 10:49am
Msg #482087

Send a copy of the CA SOS rules and let them show you where you are wrong.

Reply by Lee/AR on 8/27/13 10:51am
Msg #482090

Good to know. With new companies, I stick a 1" sq. Post-It that says "no can do". However, after a while, I think they ought to have figured that little detail out as there are few, if any, states that allow a notary to notarize their own signature--so I stop with the Post-Its. Guess I should continue--at least with TS. I'd argue this one to the ends of the earth.

Reply by Yoli/CA on 8/27/13 10:56am
Msg #482094

I just did one for them on 8/22. That particular document (in my package) said "notary stamp as proof of commission". Directly below that, I printed "please see attached copy of notary commission" and attached a copy of my commission. Did not hear back from them and the website doesn't show any defects for me.

Reply by Jose Gutierrez on 8/27/13 11:02am
Msg #482100

Hello Yoli, I did it on 8/23. But I have done way too many for TS and never had a problem with that form before.

Reply by Notarysigner on 8/27/13 11:00am
Msg #482097

I printed our copies of the Ca S.O.S newletter (it says you must not do that) because of this, I include it in the package when I have this problem!

Reply by Kathy/NJ on 8/27/13 11:23am
Msg #482108

Where the spot is for the stamp, I just write NJ Notary Comm. #_____ and exp date. Never had a problem from TS.

Reply by MW/VA on 8/27/13 11:38am
Msg #482117

This has been discussed before. Many have given advice on

how they handle it. I put an "x" through the area for "seal". We cannot notarize those forms because we only notarize signatures. When will these cos. get it straight!

Reply by Laurie Manzanares on 8/27/13 12:08pm
Msg #482123

"They are saying it's missing a notary seal on the Identity Verification and Acknowledgement Certification."

When I come across these forms I simply underline the word STAMP. Write in below "not allowed in California" and give them my commission #. Haven't had a problem with TS. This way they know I saw the document and responded within the frame work of California law.

Reply by desktopfull on 8/27/13 12:27pm
Msg #482132

I write in the space for the stamp "Not permitted per Florida statutes" and have never had a problem. As a matter of fact dropped a package today for them done that way.

Reply by Ilene C. Seidel on 8/27/13 12:48pm
Msg #482142

I stamp it then line thru it "VOID"

Reply by John/CT on 8/27/13 2:31pm
Msg #482185

I do likewise ... no big deal for me, and it avoids problems later on. The Connecticut notary manual is silent on this subject.

Reply by Linda_H/FL on 8/27/13 3:11pm
Msg #482205

John, are stamps now required of CT notaries?

Back when I was up there we didn't need a stamp - our signature WAS our seal.

Reply by John/CT on 8/28/13 3:57pm
Msg #482390

Re: John, are stamps now required of CT notaries?

You are correct Linda ... signature and commission expiration date are that are "required". But try telling that to the people who engage us, with their instructions our seals must be readable, not smugged, etc.

Reply by JanetK_CA on 8/27/13 2:32pm
Msg #482186

Some states, including California, prohibit any use of the notarial stamp outside of the actual act of notarizing a document. I interpret that to include this type of use - even if voided. Naturally, that may vary by state.

Reply by Jack/AL on 8/27/13 2:37pm
Msg #482191

I put a straight horizontal line through the sentence which tells me to place my stamp there, and then I initial it. Have had no problems with that. TS already has my commission info, otherwise, they would not have me on their list and call me. Below is a recent article released by the NNA.
-------------------------------------------------------------------
Solving The Conundrum Of 'Notary Identity Certification'
June 27, 2013
Some Notary Signing Agents have been asked to sign and affix their seals to a statement called a “Notary Identity Certification.” Be careful how you complete these forms — the document generally contains flaws that can trip a Signing Agent up. A typical Notary Identity Certification requires a Notary to state that a loan document signing took place where no photocopy equipment was available and asks the Notary to acknowledge that the borrower appeared in person, freely executed the loan documents and presented ID. The problem is that the Notary Identity Certification form typically asks NSAs to sign in their official capacity as a Notary Public and to affix a seal impression with the statement “as proof of commission.” In most states both of these actions are illegal because the Notary Identity Certification is not being notarized. “There’s no signature to notarize on the document,” said NNA seminar instructor and veteran NSA Laura Biewer. “The only signature on the document is the Notary’s.” Biewer recommends that NSAs instead note at the top of the document, “This is an illegal or inappropriate use of a seal in [the Notary’s state],” and initial the note without signing or affixing a seal. “That way, the issuer knows you didn’t miss it and explains why you can’t complete the document,” Biewer said. Signing Agents should not attempt to attach acknowledgment or jurat wording to a Notary Identity Certification, Biewer said. Notaries are not permitted to notarize their own signatures, and picking certificate wording for the document could be considered the unauthorized practice of law. Biewer also cautioned Notaries not to affix a seal impression then cross it out, because this is not a valid means of verifying the Notary’s commission status. If they need to verify, you can provide your commission number and they can contact the state Notary-regulating office, she said.
If a lender or signing service wants to know why you won’t complete the form, Biewer said to explain your reasons and offer the alternatives listed above — but do not let yourself be coerced into violations of your state’s statutes. “Avoid people and companies who insist you break the law,” she said.

Reply by MonicaFL on 8/27/13 3:23pm
Msg #482210

The explanation of "verifying your comission" seems so rediculous especially since we are notarizing other pages in the package. Can't they just look at the notarized pages and see our seal and commission? Just doesn't make any sense at all! JMHO

Reply by Dennis_IN on 8/27/13 3:53pm
Msg #482218

I mark tru the verbiage that comes before "commission". Then I write in my commission #, initialing the change.
So far it has not been questioned. I once told them at TS that I could not notarize my own signature.

Reply by Darlin_AL on 8/27/13 7:17pm
Msg #482273

I cross through Notary Public

and write Signing Agent. This is my title when I complete & sign the ID forms w/no borrower signature (which turns the form into an Affid.) Using embosser as proof of commission is a no-no. Now I know why recent instructions have stressed (among other very obvious things) that I must complete the ID form. Some of you are not signing it? Just putting the ID detail on it? You're supposed to be completing those forms in your capacity as Signing Agent, Closing Agent, whatever you use to describe yourself--on behalf of the lender.