Posted by At Your Convenience Mobile Notary on 7/29/13 6:38pm
Msg #478428

Question regarding completing and acknowledgment

I am a notary in Californa. I notarized a signature on 6/25/13. The original acknowledgment was lost; however the company has provided me a copy of the acknowledgment that I completed on that date. Since they lost the original acknowledgment, I am being asked to prepare another acknowledgment to replace the one that was lost. The original document does not require resigning because they still have it. Can I just complete the acknowledgment as they are requesting since I did notarize the document on 6/25 which they have. Please let me know your thoughts. Thanks a lot. MGriggs

Reply by MW/VA on 7/29/13 6:48pm
Msg #478429

Might sound like a silly question, but how did they provide

you with a copy if they "lost" the original?

Reply by Notarysigner on 7/29/13 7:05pm
Msg #478432

Re: Might sound like a silly question, but how did they provide

I would have given that some deep thought before I posted that question but understanding (hopefully) you're wondering if it's okay.......No.
If they had a "original" copy and forwarded it to you,....your job is done. Or think of it this way, you notarized a Doc (provided an acknowledgement) last year......so they want you to do it again???

Reply by ananotary on 7/29/13 7:06pm
Msg #478433

They must have scanned the documents when it

was returned.

The answer is no. You will need to meet with the borrowers again.

Reply by LKT/CA on 7/29/13 8:02pm
Msg #478434

No

You must revisit the signer as a new appointment, new notarization. It's not your problem that the company lost the notarial cert - tough for them. The signer can verbally acknowledge their signature but they must be ID'd again, sign your journal and you complete a new acknowledgment with the new day the signer appears before you. The company is asking you to do something illegal - tell them so.

Reply by Linda_H/FL on 7/29/13 8:12pm
Msg #478435

Lisa, does she not need to take the original doc

back to signers? Or are they allowed to look at a photocopy of the document and acknowledge a photocopy of their signatures?

Reply by LKT/CA on 7/29/13 8:21pm
Msg #478436

Re: Lisa, does she not need to take the original doc

Yes, you're right Linda. The OP must take the original copy back to the signer so the signer can acknowledge their original signature. Or, the company can email or fax a duplicate, unsigned doc to the signer or OP and the OP can collect a new original signature from the signer. Sorry.... I should have been clearer.

Reply by ananotary on 7/29/13 8:37pm
Msg #478441

You were clear. I think that goes without saying. n/m

Reply by Linda_H/FL on 7/30/13 9:43am
Msg #478485

Yes, Lisa was clear - for many if not most of us

but based on the posts we see daily here from people who SHOULD have a clue but don't, IMO *nothing* can be taken for granted and nothing can be assumed or "go without saying" - prime example? The OP

JMO

Reply by GOLDGIRL/CA on 7/29/13 8:43pm
Msg #478443

No, no and no

Basically, they're hoping you'll fall for this illegal request cos they want to get out of a re-sign fee and shipping fees. The fact that the original ack is lost is not your responsibility nor concern. You are not obligated to provide a replacement, in fact you are forbidden to.

What they're asking is illegal. Every ack in CA must be attached to or "go with" the doc being notarized. Or as the SOS says: acks must be "endorsed on or stapled to the instrument." We cannot willy-nilly send an loose-leaf ack by itself to anyone, anywhere. The company needs to send you the original document, you need to meet again with the signer and either have them say, yes, that's my signature, or have them sign again if that's what the company wants, and then notarize with the date of your second trip. There're no such things as renotarizing or replacement acks.

Moreoever: You don't *know* that it was *lost,* and it's not our business to know what happens to acks once we turn them over to the receiving agency. Therefore, you have no idea what they're really going to do with this replacement they want you to send. Wouldn't it be funny if they *found* the original ack and then fraudulently used your replacement for something else. Kinda then have egg on your face. That's why we're notaries ... to minimize this kind of BS.

Reply by JJNotary/CA on 7/29/13 8:57pm
Msg #478446

It is illegal to ask that of you; and if you refuse - guess what. They will have to hire a new notary, pay that notary to meet w/ borrowers and date the new ack. on the new date - so you telling them that is what will need to happen under CA law is not such a stretch.

Reply by rolomia on 7/29/13 11:22pm
Msg #478455

A SS I used to accept orders from tried this with me, last year. Needless to say, I made myself very clear, in no uncertain terms, that NO amount of money is worth losing your commission over, getting sued or going to jail. Needless to say, they haven't called me with more work.

Since I haven't seen a follow-up message from the orig. author who started this thread, I wonder if they have even read any of the replies?