Posted by NJDiva on 3/15/13 10:02pm
Msg #461469

I need guidance on this acknowledgment...

This is a DOT Acknowledgment page for a NC property.

State:_____________ County:________________


I, ___________________, a Notary Public, do hereby certify that _______________________________ Personally appeared before me this day and acknowledged the due execution of the foregoing instrument.

Mark affixed by __________________________________ in the presence of the undersigned notary.

Witness my hand and official seal this ____ day of ___________

__________________
Notary Public


My question is: How do I fill in the below part of the acknowledgement? I've never seen that before...ugh

"Mark affixed by __________________________________ in the presence of the undersigned notary."

Reply by Sha/CA on 3/15/13 10:06pm
Msg #461470

I can only assume that it's the BO signature. Maybe it

would cover a signature that doesn't look like a signature. You know what I mean, just a squiggle or obviously an X. Time to call in the chain of command, SS, title, lender...JMHO

Reply by Sha/CA on 3/15/13 10:07pm
Msg #461472

Sorry. Meant to say BO name in blank. n/m

Reply by CarolF/NC on 3/15/13 10:50pm
Msg #461484

See them in NC and lenders TC. Will n/m

Reply by CarolF/NC on 3/15/13 10:57pm
Msg #461486

Dang iPhone. Will have different answers for completion.

Normally only filled out for a POA and often left blank but I've also been told to put BO name in mark affixed by. I have been told that mark just means signed by. But call and ask. Curious to see if anyone else will have a more clear understanding than I do.

Reply by CarolF/NC on 3/15/13 11:04pm
Msg #461488

http://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySect

Read down in the reg. notary writes in the name of who signed.

Reply by CarolF/NC on 3/15/13 11:13pm
Msg #461491

Re: http://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySect

(d) A notary may certify the affixation of a signature by mark on a record presented for notarization if:
read from there. That is the intent of the form but different lenders and TCs have varying opinions.
Sorry was trying to copy and paste but my dang iPhone can only have one screen open at a time.

Reply by CarolF/NC on 3/15/13 11:17pm
Msg #461492

Re: http://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySect n/m

Reply by CarolF/NC on 3/15/13 11:18pm
Msg #461493

Re: http://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySect

(d) A notary may certify the affixation of a signature by mark on a record presented for notarization if:
(1) The mark is affixed in the presence of the notary;
(2) The notary writes below the mark: "Mark affixed by (name of signer by mark) in presence of undersigned notary"; and
(3) The notary notarizes the signature by performing an acknowledgment, oath or affirmation, jurat, or verification or proof.
(e) If a principal is physically unable to sign or make a mark on a record presented for notarization, that principal may designate another person as his or her designee, who shall be a disinterested party, to sign on the principal's behalf pursuant to the following procedure:
(1) The principal directs the designee to sign the record in the presence of the notary and two witnesses unaffected by the record;
(2) The designee signs the principal's name in the presence of the principal, the notary, and the two witnesses;
(3) Both witnesses sign their own names to the record near the principal's signature;
(4) The notary writes below the principal's signature: "Signature affixed by designee in the presence of (names and addresses of principal and witnesses)"; and
(5) The notary notarizes the signature through an acknowledgment, oath or affirmation, jurat, or verification or proof.

Reply by VT_Syrup on 3/16/13 11:40am
Msg #461554

I don't give a flip what a North Carolina acknowledgement is supposed to look like; an acknowledgement I accept and document in my state will be interpreted according to the laws, rules, and customs of my state. Since my state has no precise rules about how to word an acknowledgement, it will be interpreted according to its plain language. The plain language of that acknowledgement certificate indicates to me that the signer was incapable of writing, and had to make a mark instead of writing. In my mind, there is a distinction between a person who CAN write, but chooses to sign with an illegible scrawl, and a person who CANNOT write. This acknowledgement certificate would be for a person who CANNOT write.

If the signer can write, I would not use the certificate. It would give the impression the person who appeared before me can't write. Since the person who appeared can write, there would be a discrepancy which could later be used to call the signature into question.

If the signer can't write, I wouldn't notarize at all because my state has no guidelines on how to notarize a signature by mark, and I'm not about to hire a lawyer at my own expense to find out how this should be done.