Posted by Jose Gutierrez on 8/30/13 11:00am
Msg #482631

Msg #482086 Title Source Defects

Today I received an emails telling that the defect still standing because I did not put my seal on that particular doc.

I sent her 2012 CA SOS newsletter page 3 where it states that we are prohibited for placing our seals in a non notarized document. She put on hold for 3 times while she was doing a research. She got back in the phone and she told me that it will need additional time to research the matter. I log in to TS website and my defect was gone already.

I asked her about my future signings that I already have scheduled with them and that have those forms, what should I do in that form then? She said that she will let me know later.

Reply by Jose Gutierrez on 8/30/13 11:01am
Msg #482632

Misuse of Seal or Title
A notary public cannot use the official
seal or the title notary public for any
purpose other than the rendering of
notarial service. (California Government
Code section 8207.)

Reply by Linda_H/FL on 8/30/13 11:37am
Msg #482646

This is not a TS decision - use of your seal

(and misuse) is your territory...

Someone said they were told to print in the statute - so that's what I'd do - in that space print in "prohibited by California Government Code section 8207."

Done.

Reply by VT_Syrup on 8/30/13 12:38pm
Msg #482667

Re: This is not a TS decision - use of your seal

As an outsider, just the text of CA Govt. Code sec. 8207 isn't too convincing. For example, it lumps use of the seal and use of the title notary public together. But CA notaries use the title all the time. Imagine you couldn't tell anyone you were a notary pubic, all you could do is let them put a document to be notarized in front of you, and only then could you use the title as you filled out the certificate. Obviously the code isn't interpreted that way. The code doesn't say the title and seal can only be used in completing a notarial certificate, it says it can only be used in rendering notarial services. Rendering notarial services includes listing oneself on a website, answering the phone, setting up appointments, etc. It isn't at all obvious, just from the code section, that providing a written explanation of how you identified the signer so you could perform notarial acts isn't rendering notarial services.

I understand that in various newsletters, education guides, etc., the CA SOS has interpreted the code (or perhaps used the SOS's rulemaking power) to indicate a CA notary isn't allowed to use the seal for anything except a notarial act. If you want to convince an outsider that the ID certificate isn't allowed, I think you're going to have to quote some of these other SOS materials in addition to sec. 8207.

Reply by NVLSlady/VA on 8/30/13 11:19am
Msg #482638

Jose, most of us just X through the seal n/m

Reply by MW/VA on 8/30/13 2:03pm
Msg #482674

Ditto. Never put my notary seal there. n/m

Reply by JanetK_CA on 9/1/13 4:42pm
Msg #482875

Re: Jose, most of us just X through the seal NOT!

If you just mean place your notary stamp, then X through it, I beg to disagree - especially here in CA, where our notary law says that a notary stamp is to be used only in the execution of a notarial act.

I can't think of any valid reason for any company to need a sample of our notary seal on anything but a notarized document. Inserting a copy of the notary commission sounds like a good option, but I've never bothered doing that myself. I just write in a statement that it's prohibited under CA law. So far, it's not been an issue for me.

Reply by Linda_H/FL on 9/1/13 5:27pm
Msg #482877

I have a package for Tuesday with that in it

The reason? = "as proof of commission"...

Gee..ya think ya might have wanted proof of my commission BEFORE you contract me AND sent me the docs?? You want proof? Look at the mortgage...my stamp is clear as day right there.

Printed in "cannot stamp - not a notarial act".

Reply by Daniel Woodman on 12/18/13 11:20am
Msg #496489

EXACTLY! :~) n/m

Reply by sigtogo/OR on 8/30/13 11:23am
Msg #482642

was this a Reverse One loan? I have always ignored that spot

Never had an issue ignoring, but after some posts here a while back about this issue, I decided a call to TS was in order when I received my first Reverse One loan. TS/Rev One was at first insistent on the stamp and had me on hold for sometime while they discussed, then they decided I could insert verbiage stating it isn't allowed per State of Oregon law. Leaving it blank was not an option for them.

Reply by rolomia on 8/31/13 5:41am
Msg #482757

TC's would do well to take a page from our NSA handbooks...

When NSA's know more about notarial law than the TC's who hire us do, instructional errors abound. The SOS could (but won't) fix this issue b/c doing so would be too obvious. That explains why most so-called (annual) updates to the state's notary manuals are minimally-revised reprints from equally-unhelpful volumes from the previous year.

The usual explanation given is that the manual is sufficient, as is. And, further modification won't prevent errors b/c TC execs.who lack common sense wouldn't pay attention to said manuals, even if it was required reading. I don't disagree. But, such apathic disdain for our industry isn't helping, either. It's bad enough when NSA's are becoming disenchanted with our industry. But, when SOS' lose confidence, we're ALL in trouble. JMHO