Posted by Barb25 on 2/13/13 5:50pm
Msg #455720

They must be hiring straight from McDonald's

I just had another great quality issue. I did not include an FKA on my notary acknowledgment for the mortgage. OMG even the lender listed separately. Same TC complained last week I did not include marital status on the acnowledgement. Who is checking this stuff? Does anyone have a suit of armor I can borrow?

Reply by Barb25 on 2/13/13 6:24pm
Msg #455727

Now I just got a call they want to send an acknowledgement

so I can add the F/K/A, notarize and send it back. That's better.

Reply by dickb/wi on 2/13/13 6:46pm
Msg #455729

Re: Now I just got a call they want to send an acknowledgement

how can u notarize---FKA---or Married----or Married w/rt of survivorship with out absolute proof that that in fact is correct......the notarization is your testimony under oath that what is in the notary block is the truth.....if u don't have access to the reg of deeds [as they are called in wi] current records there is no way that u can testify to that.....the notary block belongs to the notary only and in fact is not a part of the doc it's attached to but a document of its' own to be filled in only by a notary public....i don't understand that lenders and title co's who seem to know everything else don't know the basics of notarizations......go figure.....

Reply by MistarellaFL on 2/13/13 6:50pm
Msg #455731

In FL

We cannot certify capacity, but we can notarize that the signer represented to me that he/she was FKA.

Reply by MistarellaFL on 2/13/13 6:51pm
Msg #455732

Too fast...

and presented ID in the name of ___________.

Reply by Barb25 on 2/13/13 8:55pm
Msg #455758

Re: In FL

I am under the impression that is if I cannot ID my signer due to circumstances such as marriage. I have ID'd my signer as she is signing on the mortgage.. In how many names should I be able to ID her? I do this all the time for other title companies. They never ask for this. She is listed on the mortgage in her married name. This fails the test IMO.

I do these for Landsafe all the time and they NEVER pull this stuff and obviously they record or I would see them again.

Reply by Barb25 on 2/14/13 6:15am
Msg #455785

Re: In FL - cannot certify capacity???

Sure you do - everytime you do an acknowledgement as attorney in fact, or Trustee, it is representative capacity

Reply by VT_Syrup on 2/14/13 5:42am
Msg #455782

Re: Now I just got a call they want to send an acknowledgement

dickb/wi wrote "the notarization is your testimony under oath that what is in the notary block is the truth". In my state, and I suspect most other states, the statement by the notary in the certificate is not under oath, but there are penalties for intentional false statements contained in other sections of the law.

Reply by Linda_H/FL on 2/13/13 7:00pm
Msg #455733

God Barb, I hate to tell you this, but you can't do it

You have to have the original doc back and go back to the signers...Page 29 of the manual:

"Corrections

When necessary to correct information already printed in the notarial certificate, i.e., the date, the name of the person whose signature is being notarized, do not use correction fluid. Simply mark through the incorrect information and make the change before you complete the notarization. You should probably initial that change, also.

Once you “complete” the notarization and return it to the document signer, you may not amend your certificate. For instance, if you forgot to state the type of identification or affix your seal and the document is returned to you on a later date by the receiving party, you may not correct your error. The document will require re-notarization, including the presence of the document signer."

http://www.flgov.com/wp-content/uploads/notary/ref_manual23-40.pdf

Reply by Barb25 on 2/13/13 8:42pm
Msg #455756

OMG. Linda

I was being sarcastic Linda. Of course, I cannot do it. I know that for heaven's sake. Give me some credit

Reply by Linda_H/FL on 2/13/13 8:51pm
Msg #455757

I do..that's why my heart sunk when I read your

post..

Reply by Ronnie_WA on 2/13/13 7:08pm
Msg #455735

If your state laws don't permit the information in the notary certificate, tell them NO, period. My state laws don't allow certifying marital status and former or AKA names. You are in charge when it comes to the notary work.

Reply by Linda_H/FL on 2/13/13 7:12pm
Msg #455736

It's allowed Ronnie...we can state in our cert

that she represented to us that she is formerly known as blah blah

and provided <whatever ID is used> in the name of <name on ID> as identification.

Reply by Ronnie_WA on 2/13/13 7:15pm
Msg #455737

Re: It's allowed Ronnie...we can state in our cert

Progressive Floridians

Reply by Barb25 on 2/13/13 9:22pm
Msg #455760

that was not the situation n/m

Reply by Malbrough_LA on 2/13/13 7:20pm
Msg #455739

Is this why they're super-sizing my packet sizes? n/m

Reply by Ronnie_WA on 2/13/13 7:21pm
Msg #455740

Re: LOL!! n/m