Posted by Kathy Watkins on 6/20/13 5:45pm Msg #474133
ink color by state
Is the ink color determined by the state the property is in, or the lender, or the title company is in?
| Reply by VT_Syrup on 6/20/13 6:08pm Msg #474136
The notary must obey the law of the notary's state. I think all the states allow blue or black for the certificate and the notary's signature; a few might say it must be blue or black and not allow bizarre colors for what the notary writes and signs. Next, the notary must obey any rules of the notary's state about the color of the stamp, if a stamp is required. Finally, title should find out if there are any rules about the ink from the land records office where the property is located. It isn't the notary's job to know the ink rules of all the land records offices in the country.
The lender or title might have additional preferences, which the notary should follow if it doesn't conflict with the laws and rules for notaries laid down by the notary's state.
| Reply by MikeC/TX on 6/20/13 6:22pm Msg #474139
It depends on what you mean by "ink color". The color of your stamp is controlled by your state law. The color of the ink you use to sign your notarial certificate MAY be controlled by your state law, but I think that's rare.
Some states and some counties have ink color requirements for signatures on recordable documents. While you can't be expected to know all of them, you should at least be familiar with what is required in your local area for documents that will record there and be ready to argue that point if necessary. When I was in NY, one of the counties I serviced required black ink for signatures on recordable documents. I had to explain this more than once to a lender or TC that wanted nothing but blue ink used - we can do it your way, but the document will be rejected by the county clerk.
If there are no state requirements to be met that you're aware of, use whatever color the hiring party tells you to use.
| Reply by mmk on 6/20/13 6:55pm Msg #474141
Thanks for asking! I had this same question yesterday... n/m
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