Posted by JeffC/CA on 9/4/13 9:40am
Msg #483124

Authorization to change notary section of documents.

I have a signing this morning with a document that has the notary's information (name, address, etc.) and the following wording:

In the event First American Title Insurance Company, a(n) NV Corporation comes across
a problem with the Notary section I, _____________________________________ (notary
public) authorizes First American Title Insurance Company, a(n) NV Corporation to make
changes to the notary section only.

What? Has anyone seen this? Would any notary sign this? I don't know of any specific law in CA that says don't do this, but I don't know why I would. If someone changes my notarization, don't you think that automatically nullifies the notarization? It is no longer notarized by me, in my opinion.

Please chime in.

Reply by MW/VA on 9/4/13 10:01am
Msg #483125

I wouldn't sign that. Who knows what kind of changes they

would make after the fact?

Reply by Teresa/FL on 9/4/13 10:03am
Msg #483126

I have seen this document from a First American office in CA

My response to this was to mark through it and print "No changes to the notary certificate can be made by any party per Florida statutes".

I doubt that CA laws would permit such changes either.

Reply by Sylvia_FL on 9/4/13 10:24am
Msg #483128

Absolutely, positively, definitely NOT! The certificate is the notary's domain.
In Fl we cannot even change a notary certificate after we have signed and sealed it.

Reply by JeffC/CA on 9/4/13 10:31am
Msg #483129

Thanks everyone. Of course, I immediately told the SS that I would not be signing this. I wanted to know if anyone else has seen this, and what their thoughts are. Why would their legal dept. even allow this? I'm so sure that if a notarization were ever challenged, it would be invalidated by any changes made.

Oh well, just another day in notary paradise.

Reply by Marian_in_CA on 9/4/13 11:11am
Msg #483148

Uhhhhhh.... no way.

First of all, the notary (in CA) doesn't have *any* say about the format or content of the notarial certificate. we follow state law. We don't have the authority to tell anyone they can change the certificate if it's not their liking. Let's face it... you know darn well, one of the things they'll "correct" is the the addition of certified capacity... or, heaven forbid, the name(s) of those who appeared.

BTW... I believe anyone altering a CA notary's certificate is potentially guilty forgery and corruption of records, I think. (CA Penal code 470). It covers those who alter or falsify notarial certificates, as well a notaries issuing false certificates. And it might also fall under Ca Gov't Code 8227 regarding unlawful acts by one not a notary public --- with the added stipulation that if the crime involves a DoT on a single family residence, it's elevated from a misdemeanor to a felony.

And then... you can always toss in one of my favorite CA notary laws... I call is 8225ing -- once they are aware something is not allowed by CA law, just asking you (or anyone) to do it or forcing you do it (withholding payment, for example) is against the law in CA. Gov't Code 8225.

In other words... you don't screw with a CA notary that knows their handbook.

Reply by John Tennant on 9/4/13 11:31am
Msg #483152

Re: Uhhhhhh.... no way.

Unfortunately Marian, a huge portion of CA Notaries have no clue about their handbook.

JMHO

Reply by Marian_in_CA on 9/4/13 11:46am
Msg #483157

*sigh* I know... that makes me sad. n/m

Reply by Stephanie Santiago on 9/4/13 12:20pm
Msg #483163

That may be John, but we do know that if the notarial

wording is not compliant with California notary Law, we may attach an All-Purpose Acknowledgment; this is our area to complete - nothing more - nothing less.

Reply by Monica Carter on 9/4/13 11:41am
Msg #483155

I have seen that and won't sign it. I then send them a note (attached to the specific document) and tell them, very politely, that it is illegal for anyone, even the notary, to make changes to a notary statement once it has been notarized. Haven't had any problems when doing this.

Reply by HSH/WA on 9/4/13 12:25pm
Msg #483166

Re: Never ran up against this but after

reading above I agree with not signing it and allowing no changes.

Reply by loandocs on 9/4/13 6:58pm
Msg #483225

I have done a ton of work for them, and have never seen this document. At any rate, I would not sign it or authorize them to make changes to MY notary section. No way.

Reply by Susan Fischer on 9/4/13 11:17pm
Msg #483260

Not in OR, per the ne clarification in the 2013 Handbook:

"Correcting During the Notarization
„h Don¡¦t use white-out.
„h Line through incorrect information in ink, print the correct information immediately above and initial and date nearby.
„h Reapply stamp if it has been smeared.
„h Record any changes in the journal.
Correcting After the Notarization
„h Never allow anyone else to change your certificate. It is your responsibility to correct errors and omissions on the certificates you complete.
„h Never send a completed certificate for someone else to attach. The document should be returned and you must attach the corrected certificate.
„h Make corrections on the certificate by either filling in missing information (such as a stamp) or line through incorrect information in ink. Print the correct information immediately above and initial and date nearby.
„h Don¡¦t make a correction unless you can confirm it from a journal entry or the signer can verify.
„h Record any changes in the journal."

To me, those kinds of demands are specious requests, and they know better.