Posted by Pam/NM on 6/4/13 5:47pm Msg #472240
While looking for a car on n/m
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Reply by Pam/NM on 6/4/13 5:48pm Msg #472241
OMT: While looking for a car on CL
I found this:http://phoenix.craigslist.org/nph/cto/3833886704.html I got t-boned last Friday in my trusty little 99 Audi. Since the hubs lives/works in PHX during the week and home on weekends, we are kind of trolling CL. Found this listing in the autos for sale section.
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Reply by GOLDGIRL/CA on 6/4/13 6:05pm Msg #472243
Re: OMT: While looking for a car on CL
What an idiot ... on all counts. However, I betcha that the "$2" job turns into alot more by the time he/she is through with the signer(s)!
Additionally, this is just not true:
"It is illegal to notarize a pre-signed document. All documents must be signed in my presence!"
It's funny that they've posted the caveat that they're "not an attorney and cannot give legal advice," blah blah blah. But they just did by saying "It is illegal to do such and such." Talk about giviing legal advice .. only it's bogus legal advice! Sounds like this dimwit needs to go back to notary school... among other things.
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Reply by Luckydog on 6/4/13 6:32pm Msg #472247
Re: OMT: While looking for a car on CL
Additionally, this is just not true:
"It is illegal to notarize a pre-signed document. All documents must be signed in my presence!"
Not sure why you are stating this is not true. Someone cannot bring a document pre-signed and expect you to notarize it, It must be signed in front of the notary w/ proper ID. Maybe I am not getting it, but really do not see a problem with the ad other than being pretty cheap, but that is probably the legal fee he is allowed to charge, and if they go to him, not charging a travel fee. Maybe the guy is starting out and does not know what to do with his commission. As far as the legal advice, I see that statement a lot as far as someone doing notarization's, so again, not seeing a problem, and that is hardly legal advice.
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Reply by jba/fl on 6/4/13 6:33pm Msg #472248
Re: OMT: While looking for a car on CL
Not all documents must be notarized in front of a notary. Acknowledgements may be signed in advance. Jurats have the presence requirement.
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Reply by SharonMN on 6/5/13 11:53am Msg #472327
Re: OMT: While looking for a car on CL
This person is charging DOUBLE what I can in Minnesota 
I wouldn't split hairs about the illegality of notarizing a document not signed in front of the notary. Yes, he could have worded this better/more accurately, but for purposes of advertising, I think it is fine. He just wants to avoid people showing up with a document but not the signer.
Overall, I think this is a fairly professional listing.
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Reply by GOLDGIRL/CA on 6/4/13 6:44pm Msg #472251
Huh?
"Someone cannot bring a document pre-signed and expect you to notarize it, It must be signed in front of the notary w/ proper ID."
Of course they can expect a notary to notarize their signature on a document they already signed. Or is this a FL-only thing??
Someone can bring in a document they signed 20 years ago. It does not have to be signed again in the notary's presence. The signer needs to attest that the signature is theirs and the notary issues an ack. If the required notarial certificate is a jurat, the notary needs to administer an oath and then have the document holder sign that they took an oath.
I was not aware that there is a state in the union that requires signing in the presence of a notary for an ack.
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Reply by John Tennant on 6/4/13 6:48pm Msg #472255
Re: Huh?
The document must be signed in the presence of the notary if it is a jurat.
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Reply by GOLDGIRL/CA on 6/4/13 6:51pm Msg #472258
Re: Huh?
Or signed again. But I think we have made that distinction pretty clear.
In any case, it's completely bogus of this guy to say "It's illegal" to have a pre-signed document. If he wants to make them sign again ... OK, can't hurt ... but in the case of an ack, it is NOT illegal. geeez
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Reply by linda/ca on 6/4/13 7:41pm Msg #472264
Re: Only the jurat requires signature in the presence of the n/m
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Reply by linda/ca on 6/4/13 7:42pm Msg #472266
Oops! The person can state it is their signature on the Ack. n/m
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