Posted by mimi_NJ on 6/18/13 8:20pm
Msg #473913

Notarizing the Borrower's Compliance Agreement

Need your advice--I have been a notary for awhile and this is the first I've seen of the following:

This instrument was acknowledged before me on __________, _______ 20__, by_______________________________(in the rare case of a Corporation or Trustee it will continue "in my capacity of ______for_______"). I am thinking I would leave the part in parenthesis blank. Would this be correct?

Reply by Buddy Young on 6/18/13 10:42pm
Msg #473923

I would attach a loose leaf acknowledgement with my states required wording.

Reply by mimi_NJ on 6/19/13 9:52am
Msg #473954

I was told by the signing company to put my name on the by line and leave the rest blank. I also have a problem leaving things blank, and was kind of leery.

Reply by jba/fl on 6/19/13 11:20am
Msg #473963

This instrument was acknowledged before me on ____today______, _______ 20_13_, by__Mimi of NJ ____________(in the rare case of a Corporation or Trustee it will continue "in my capacity of _--_____for_--______"). I am thinking I would leave the part in parenthesis blank. Would this be correct?

How can you put your name next to By?

Reply by CopperheadVA on 6/19/13 11:57am
Msg #473971

You cannot put your name in the "by" line - the signer's name goes there.

Reply by Linda_H/FL on 6/19/13 12:30pm
Msg #473978

"I was told by the signing company to put my name on the by line and leave the rest blank."

That company could not have been more wrong.

Here's one rule of thumb to always follow

1. If it's a question about the doc or how to sign, it get addressed with the SS or TC;

2. If a question about how to complete notarizations or certs....never never never ask the company.. They will give you the answer that will best get the job done, whether right or wrong. Honestly, they have no clue about the notary laws of every state they service. Your only source for these answers is your handbook or your SOS. And of course, there's Notary Rotary.

JMO

Reply by VT_Syrup on 6/19/13 4:18pm
Msg #473995

The error of putting the notary's name next to "by" becomes clear if you really understand what an acknowledgement is. The acknowledgement is the oral statement by the signer to the notary that the signer signed voluntarily for the purposes indicated in the instrument (or the signer says to the notary "I signed the instrument as my free act and deed", which amounts to the same thing. Almost always, the signer doesn't think to say this spontaneously, so the notary has to ask " did you sign this as your free act and deed?" When the signer answers "yes" the acknowledgement has occurred.

Next the notary prepares the certificate of acknowledgement, which serves as a written record of the acknowledgement.

Reply by VT_Syrup on 6/19/13 3:10am
Msg #473928

It looks to me like someone was reading a book about acknowledgements, and found a DESCRIPTION of an acknowledgement, NOT a blank acknowledgement form. The person did not comprehend what he/she/it was looking at, and blindly copied the description into the document. Most likely the book author intended the reader to know whether the acknowledgement would be by an individual for him/herself, or in a representative capacity, and so would modify the wording accordingly while adapting the description to the particular document that was about to be signed.

I doubt the awful wording would make the certificate invalid, but I'd be tempted to attach a loose certificate just because it would make my skin crawl to use a certificate placed in the document by someone who clearly didn't have a clue.

Reply by mimi_NJ on 6/19/13 9:45am
Msg #473952

This document was furnished by the title company.

Reply by CopperheadVA on 6/19/13 6:27am
Msg #473931

My practice is to never leave anything blank in a notary certificate. I would line through the blanks or write "N/A" in each one.

Reply by CopperheadVA on 6/19/13 6:29am
Msg #473932

- OR - just line through the entire part that is in the parentheses and initial.

Reply by BobbiCT on 6/19/13 7:07am
Msg #473933

Signer's capacity aka authority ...

In CT I see text similar to this regularly. Check YOUR state regulations; every state different as to what can be in your notarization block. I believe CA notaries public cannot use this text in their notarization blocks.

Sample: by Joan Smith, in my capacity as Trustee of the Joan Smith Revocable Trust dated July 1, 2010 ...

Sample: by John Smith, President of Jones Corporation, ...

#1 for Trustee transactions on behalf of the Trust & its beneficiaries and #2 for commercial lending.

Hope this snippet helps. FYI, in MY state I am not required to verify the signer's authority as a notary public - just notarize that that is the capacity he/she signed in. Prior to notary public notarization, attorneys or representatives of the lender, title company or other parties will have verified the signer's authority to act and will have that documentation in their records. Verification of a Trustee's or officer's authority is ALWAYS done prior to preparing the documents and getting them signed; if a loan, before loan approval is given.

Reply by Yoli/CA on 6/19/13 10:20am
Msg #473956

Does NJ have required verbiage for notarial certificates?

It doesn't matter who provides the verbiage in doc - regardless of whether it's lender or title. If wording is not State compliant, it needs to be replaced with correct verbiage.

If in NJ notary can use whatever is provided in docs, IMO, I'd use what's there and leave no blanks. As posted above, either draw a line through blank or fill in "N/A".

Reply by SharonMN on 6/19/13 11:24am
Msg #473964

What the title company told you about putting YOUR name in the "by" field is completely wrong. In the absence of specific state laws stating otherwise, you should put "by John Doe" (name of signer) and then line through the capacity info. If, for example, John Doe was acting as Trustee, Attorney in Fact, or officer of a company, you would fill in the capacity information accordingly if allowed by your state (and change "my" to "his/her") - e.g. "in HIS capacity of President for Banana World" or "in HIS capacity as attorney in fact for Mickey Mouse"