Posted by Karla/OR on 9/10/13 11:06am
Msg #483951

Need Urgent Advice!

On August 30 I closed a short sale for a property in California. I notarized two of the four sellers here in Oregon. The other two sellers signed in counterpart with a California notary. All four sellers are related. The package was 250 pages!

I missed stamping one of the docs!! (My worst nightmare!!) The cert was filled out per normal but I missed putting my stamp on it. I make no excuses.

The title co is asking that I now fill out a loose leaf acknowledgement complete with my signature and stamp, and send it to them. I can do that.

My concern is how I should DATE the loose-leaf ACK. Is it going to affect the sale if I date the new cert with today's date????????? Or is this a case where I can back-date the new cert to August 30 and they will match it with the cert they have in possession which has all but the stamp in place???

TIA!

Reply by mmk on 9/10/13 11:26am
Msg #483957

ask TC what they want

Reply by Buddy Young on 9/10/13 11:30am
Msg #483958

I think that I would have tc fax me the cert with the missing stamp. Then you can stamp it and fax it back. Then follow up by mailing the cert.

Reply by Susan Fischer on 9/10/13 12:09pm
Msg #483965

Agree with Buddy. Do not send loose cert - ever. n/m

Reply by Karla/OR on 9/10/13 12:31pm
Msg #483968

Re: Agree with Buddy. Do not send loose cert - ever.

>>I think that I would have tc fax me the cert with the missing stamp. Then you can stamp it and fax it back. Then follow up by mailing the cert.>>

Susan, I am waiting for a couple of PM replies to decide what is best to do here. I also contacted the tc contact who is being very nice and helpful about this. She said she understands and appreciates my wanting to be a responsible notary. She is checking on options as well and I am waiting on a call back from her.

Options are to have the original doc sent back to me to stamp; stamp a copy of the doc; or create a new cert with mucho detail relating it to the original doc. She did not think that title would send the original back to me to stamp, but, as I said, she is checking out all options for me.

I am confused with Buddy's verbiage above. Not sure which cert he is referring to when mailing it back, the copy that I would stamp or a new cert?????????

TIA.

Reply by MW/VA on 9/10/13 1:37pm
Msg #483990

That's what I'd do, too. You're not being asked to

"backdate" as it is commonly known. They appeared before you on that date & it was your error to forget the stamp. I've had a few corrections like that to make, and only change the date of the notarization if a doc has to be resigned.

Reply by Malbrough_LA on 9/10/13 1:08pm
Msg #483978

Two possibilities really quick off the top of my head

Does your SoS allow you to certify copies which were passed before you? There's one option. Once the fax or copy arrives to you, you certify it as document abc passed before you on xyz date with today's date as the date of notarization.

Second option: can you perform an Affidavit of Error/Correction with today's date as notarization date, but the body of the act is correcting the error while indicating that no fraud or malfeasance was intended?

Sorry if neither of these help you or if you're not allowed to utilize them in your state.

Reply by Karla/OR on 9/10/13 1:19pm
Msg #483981

Thanks Ryan!! I will look into those options as well. n/m

Reply by Linda_H/FL on 9/10/13 2:02pm
Msg #483999

I would not stamp a photocopy of my cert

I see two different options here -

1. You get the original doc back, stamp it and return it at your expense (if your state allows corrections to the notarization after the fact; or

2. Reprint that particular doc, get it signed, notarize and return. However, that new signing would be the current date, not the old date.

Most definitely do not send a loose ack to them. And, unfortunately, I don't think this is TC call to make - you have to do it the way your laws will allow.

JMO

Reply by Stephanie Santiago on 9/10/13 5:23pm
Msg #484050

I like Linda's solution - keep it clean. n/m

Reply by JanetK_CA on 9/10/13 2:49pm
Msg #484012

This is a classic example of where this "job" requires some common sense and personal judgment. You've got lots of advice here from people from various states (and various levels of experience), some good and some less so, imo. [BTW, I can't stress enough to anyone reading this that they shouldn't assume that just because someone posts, they know what they're talking about... You should know your own state laws and use that as your primary guide.]

Having said all that, my personal OPINION (without any knowledge of Oregon law) is that the ideal way to handle it from a notarial perspective - again assuming that Oregon doesn't have a law forbidding this, as I believe Florida does - is to have the entire original document sent to you as is, affix your stamp to the exact same certificate that you sent, then pay to send it back to them, as fast as they would like. Title probably won't like that solution, depending on what the document is (and you could offer to scan or fax them a copy before you return it), but it's the safest way to maintain the integrity of the notarization of that document and ensure that no abuse of certificates can happen.

Good luck!

Reply by sigtogo/OR on 9/10/13 6:35pm
Msg #484063

so sorry this happened Karla. I'm late to this thread but

since our new online notary guide is very clear about corrections, thought I would post here:

"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."

Reply by sigtogo/OR on 9/10/13 6:37pm
Msg #484064

well it looked normal before I posted I swear!!

here's the link and it's on page 30