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Notary007
60 Posts |
 Posted - 09/11/2011 : 09:18:26 AM
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The Notary should not alter the legal document above the notarial certificate. Preparing or altering a legal document may be considered as Unauthorized Practice of Law (UPL).
The Notary is restricted to completing or correcting the notarial certificate or adding a missing certificate under the direction of the document preparer. The notary should not choose, select or advise on the type of notarial certificate to be added.
The notary may want to report the document defect by email and then get instructions by email from the document preparer. The email serves as written evidence that the notary is following instructions. |
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rwedertz
New Mexico
30 Posts |
Posted - 09/10/2011 : 1:17:03 PM
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I think we've all gotten weird documents, which I believe are a result of the 12 year-olds being hired by title companies (where I see most of the goof-ups coming from). New Mexico is a community property state and often (though both parties are full borrowers) the wife's name will be left off of the Survey Affidavit or the Owner's Affidavit or something else. I simply draw a very nice line next to the existing single signature with my trusty ruler, print the co-borrower's name and have that person sign it. Sure as rain, you'll get that document back if it isn't signed and another trip will be in order. Even though they would pay me to go get it signed, many times I just don't have the time. I try to do it right, do it once, and move on. But that's just me.
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dionaea
Tennessee
21 Posts |
Posted - 09/10/2011 : 07:47:10 AM
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Funny, but I've had this happen twice last month, same lender and title company. The document ended with no signature line, just brackets with the word (NOTARY) printed several spaces below the final paragraph. Since the document was titled as an Affidavit, it was easy to check the other Affidavits in the package to see the wording used on those and use it on this document. Like Linda, I drew a line under the final paragraph, printed the borrower's name under it, and added the verbiage used on the other Affidavits for the Notary part.
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LindaH
Florida
1754 Posts |
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jbelmont
California
3106 Posts |
Posted - 09/09/2011 : 11:40:40 PM
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Have you ever had a signing where a document was supposed to be notarized, but there was no notarial certificate wording and no signature line?
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The document had no signature line
