Posted by CarolF/NC on 2/13/13 3:01pm
Msg #455666

Is it me? I asked my SOS ND how to replace a lost

notarial certificate and they told me how to replace my commission. And no there was no communication problem as it was by email. Not only is it not addressed in our handbook or law she had to ask someone.

Reply by Marian_in_CA on 2/13/13 3:05pm
Msg #455667

Honestly... I wouldn't do it. If somebody "loses" a notarial certificate. Tough. It's like cash.... gone.

You have to do it over.

I don't think most states address that at all, really... I asked the CA SoS about it just last year and they sent me a written response. I've posted it here before. In CA, it shouldn't be done... it requires a new notarial act all over over again.

To me, this makes sense across the board no matter what state you're in, though I don't recall seeing any specific rules addressing it.

Reply by CarolF/NC on 2/13/13 3:16pm
Msg #455670

We have to redo also but if there's a copy the signor can

state it is a true copy and we can notarize their statement. I was just amazed that they had no idea what I was asking. I guess most people don't lose them.

Reply by Linda_H/FL on 2/13/13 3:46pm
Msg #455674

Honestly Carol..until this last post I thought I knew what

you were asking too - now I'm not so sure.

they want a replacement certificate - you have to go back - and they tell you it's a true copy? I'm confused.

Here in FL I would need the original document back and would have to go see the signers where they would acknowledge to me that yes, that's their signature and yes, they did in fact signi it. Then I issue a new cert. I could not take a copy of a doc.

Although I agree your SOS was silly telling you about a commission..

Reply by CarolF/NC on 2/13/13 4:32pm
Msg #455697

Two different points here Linda. First is they were silly.

Second if it is lost we too have to go resign with today's date. However, as in the case of the earlier post today, there is a copy of the original, the borrower in this case can sign a statement such as I John smith state that this is a true exact copy of the original which was lost/damaged. Then sign and I can acknowledge his signature, cross out the acknowledgement on the copy. According to SOS if it was a date sensitive document this could allow for verification if the original date signed. Make sense now?

Reply by jba/fl on 2/13/13 5:04pm
Msg #455708

"Make sense now?"

No, though perhaps I am stuck on what is customary and usual in almost all other states. But, I do get the impression that you will ask this question until you get the answer you want.

So, to the best of my knowledge, NC allows this.

Reply by CarolF/NC on 2/13/13 5:07pm
Msg #455711

Julie you make that comment that I ask the question until n/m

Reply by jba/fl on 2/13/13 5:08pm
Msg #455712

yes....??? How many different ways? n/m

Reply by CarolF/NC on 2/13/13 5:15pm
Msg #455714

Oops fat fingers. until I get the answer I want. Not true.

However I go to my SOS not this board for the authority in my state. So I'm
confused why you have a problem with that. If I post a question here and I don't find a NC notary who knows the answer then I go to my SOS and I post their response here for the benefit of my fellow NC notaries. I would not expect someone in FL or CA to follow my states rules so why should I take at law what someone from another state tells me?

Reply by rengel/CA on 2/13/13 5:16pm
Msg #455715

Wait, what????

You want the borrower to attest to the fact that the copy of the lost acknowledgement is a true and correct copy of the acknowlegement that was lost?

If you are going back to the borrowers, why on earth would you not just take the original doc that you are acknowledging and notarize their signature once again?

I don't know of ANY county recorders office that would accept what you are proposing.

My .02

Reply by CarolF/NC on 2/13/13 5:20pm
Msg #455717

I have it in an email n/m

Reply by CarolF/NC on 2/13/13 5:26pm
Msg #455718

Re: I have it in an email from our SOS ND

that yes a signor to the document can attest to its validity. I specifically asked if it would record. answer. Yes. Acknowledging the copy only gives validity to the original date it was signed. If not needed I would absolutely get a new one. I can see situations where having the original date of signing would be important. Insurance applications. Certain deadlines to submit. Just relaying the information I was given by my SOS.

Reply by Malbrough_LA on 2/13/13 7:15pm
Msg #455738

Sounds familiar to Louisiana R.S. 35:2

§2. General powers; administration of certain oaths in any parish; true copies
...
C). Every qualified notary public is authorized to certify true copies of any authentic act or any instrument under private signature hereafter or heretofore passed before him or acknowledged before him, and to make and certify copies, by any method, of any certificate, research, resolution, survey or other document annexed to the original of any authentic acts passed before him, and may certify such copies as true copies of the original document attached to the original passed before him.

Would I do it, yup. Do I know that clerk here would take it? That's another story entirely...

Reply by CarolF/NC on 2/13/13 7:44pm
Msg #455743

Actually we cannot certify them.

Excerpt from the email:

A notary cannot certify a true copy of any document but who ever the document belongs to he/she can make that statement in writing and then sign name in front of the notary. The notary will only notarize the signature. The new notary laws, Notary Public Act 10B was passed December 1, 2005 by the General Assembly and this is one that was revised for notary's.

I as a NC Notary am acknowledging that his signature states he's telling the truth about the copy of the original as we cannot notarize an untruth. I still question under what circumstances the registrar may or may not reject this, but according to the powers at the SOS, it would not be rejected as long as it is properly executed. So that sounds to me like the registrar of deeds has no power to comment on the contents or validity of a document.??? Don't know. Haven't talked to the registrar about this and probably won't. This whole post was not to debate what NC does or doesn't do, but because I was scratching my head that they could mistake "replace a damaged or lost notarial certificate" with my notary commission.