Posted by sn/oh on 9/11/13 4:26pm
Msg #484252

Am I wrong

A borrower identity and execution certification from New York Community Bank was sent in a package.
the document asks me, the notary, to certify that I have seen the photo id and that I witnessed the borrower signing the E-sign. This doc has a place for the borrower to sign as well stating that they signed the e-note and have produced acceptable ID. Now, the signing company is calling me asking me to stamp this doc without notarial verbage. In Ohio we cannot stamp for purposes of certification, only signatures that's acknowedged or sworn to. I offered to go back to the signer to attach a acknowledgement but I cannot back date that ack to aug 30th. I know I'm right but just want to know if anyone else in Ohio has dealt with this. Of course, the company has threaten not to use me again and that I am holding up the loan.

Reply by MW/VA on 9/11/13 4:45pm
Msg #484255

If there was no notarial certificate on that doc, then

there is no notarization--period! It's been discussed a lot lately, on those ID forms.
I don't know about OH, but I don't know of anywhere that would allow you to just stamp it. Too bad tooooo many people think that's all we do--"sign & stamp".

Reply by BobtheElder on 9/11/13 5:45pm
Msg #484266

I've seen these before.
I have never stamped one and you are correct, we don't do "Certifications"
The most recent one I saw, they finally got the message and added a line that said "Stamp here as proof of notary Commission"

Reply by sn/oh on 9/11/13 6:26pm
Msg #484273

Bob, having the doc say "stamp here as proof of stamp" is still not acceptable because a notary can only notarize a signature that is "acknowledged" or "sworn to". However, I like what Janet said about calling and giving them the option but I didn't think of it at the time since it was not anything I thought needed to be notarized.

Reply by JanetK_CA on 9/11/13 6:01pm
Msg #484270

These forms come in lots of variations and flavors and nearly always require a judgment call on our part. If there's a signature by the borrower, and if it's clear that they're the one certifying the contents, I don't have any problem attaching a notary certificate. However, if it's one of those where they follow the signatures with with a statement where it appears that the notary is the once certifying the ID information, I'll call the client and give them a choice.

I can either sign it as a signing agent (in that role, I'm happy to certify that I did view their ID, etc.) OR I can line out the paragraph that asks me to certify as a notary something that I'm not authorized to do, and then notarize the signatures. They get to choose, but they don't get both.

Reply by sn/oh on 9/11/13 6:40pm
Msg #484277

just for argument sake...would anyone stamp the doc with proper verbage? Let's say one had an acknowledgement stamp with proper verbage (requested by the signing company) and for argument sake date it with the date the borrowers signed their document, or,again for argument sake, would the doc need to be resign with present date...just for argument sake I ask this question...

Reply by NVLSlady/VA on 9/11/13 7:50pm
Msg #484286

For argument sake . . .

<<"would anyone stamp the doc with proper verbiage?">>

Yes, why not? Like Janet said, these come in all shapes (variations), like the one below:

I HEREBY CERTIFY that on September 11, 2013, before me, the subscriber, a Notary Public in
and for the jurisdiction aforesaid, personally appeared I.D. Clare known to me or
(satisfactorily proven) to be the person(s) whose names are subscribed to the within instrument,
and acknowledged that they executed the same for the purposes therein contained.

Stamp, sign and go!

(what I find funny is that notaries were having no issue with "certifying" Note - with not a bit of notarial compliant wording)

Reply by VT_Syrup on 9/12/13 3:38pm
Msg #484395

My state has hardly any laws or rules about how notaries should perform their duties. Also, notaries are not required to have seals, but there is a law that describes what kind of seal government officers in general can have. Other state officers plaster their seals all over their websites and stationery, so I don't think there is much in the way of restriction on how the seals are used, as long as it isn't deceptive or unrelated to government business.

In my circumstances, I think it's ok to use the title "notary public" and a seal when describing how notarial duties were performed. So if the document asks for a statement that all the notarizations for a certain signer were performed after examining a driver license from a specified state with a specified serial number and expiration date, I don't see what's wrong with that.

But if the document asks for a statement that is unrelated to notarial duties, for example, that the signer presented a certain driver license for a package that doesn't include any notarial acts, that would be a problem.

Reply by TeriW/CA on 9/12/13 8:12am
Msg #484332

I draw a line through the word Notary, write in Signing Agent and then attach a sticky note saying "Not a notarial act" where it asks for my stamp with no notary wording. Although, I don't do e-docs, I have never had a problem with the borrower's ID statement when I do this.