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 Validity of a notarization		  New Topic  Reply to Topic
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Lisa T.

California
391 Posts
Posted - 10/11/2008 :  8:50:16 PM  Show Profile  Visit Lisa T.'s Homepage  Reply with Quote
I would think that if the notarization happened on Oct 1st and the Notary's commission expires on Oct. 5th that the notarization is valid. When a deed is recorded and the homeowners keep their home for 20 years, obviously the deed is not invalidated because the notary stamp has at some point expired during those 20 years. I think the person at the IRS did not know what they were doing or talking about.
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crtowles

California
553 Posts
Posted - 10/06/2008 :  10:32:52 PM  Show Profile  Reply with Quote
You are more than welcome! Keep us posted as to the outcome if you take it any further.

C
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n/a

California
3 Posts
Posted - 10/06/2008 :  10:41:48 AM  Show Profile  Reply with Quote
Thank you for your nice response, Carmen. Yes, the last part of your observation is really pertinent. I did not ask him whether the notarization of passport copy was done using "California Affidavit of Joint custodian" form (which I always use) in which case, the jurat contains the date of notarization. May be, as you observed, notarization could have been done without such an affidavit and without a signature date. I am sure people at IRS should be aware of the notarial practices in California.
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crtowles

California
553 Posts
Posted - 10/06/2008 :  08:10:23 AM  Show Profile  Reply with Quote
This was unfortunate however I have seen this before. I have done quite a few overseas adoptions where the couples that are adopting always ask when my commission is expiring because they must make sure that by the time the adoption is final the stamp must be current. The IRS I would think should know better. I would call them and ask them why they would not except the document because when it was signed the stamp was current. I think maybe somebody didn't know what they were doing. They should have compared the signature date (provided there was one) and the stamp date. BTW, If there was no signature date then this could be the source of the problem

Carmen
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n/a

California
3 Posts
Posted - 10/03/2008 :  9:12:08 PM  Show Profile  Reply with Quote
I came across a peculiar case where IRS took a stand which, IMHO, is not in consonance with notarial law and practice. One of my friends had got copies of the passport of his father notarized while he was in USA to claim Tax-Credit since his father stayed here legally for more than 180 days. He filed his Tax-Return after the end of the Tax-year. The commission of the notary who had affixed his stamp (while notarizing) had expired by the time the Return was submitted. IRS returned the claim on the ground that notarization was not valid since the commission of the notary had expired.
This has raised a question regarding the validity of a notarization. In my opinion, any notarization by an authorized notary is valid if it has been notarized before the expiry of the notary's commission. Whether the notary's commission has expired or not when the notarized paper was put to use is immaterial. Under these circumstances, it was surprising how IRS took such a view and came to a faulty conclusion. Has any of my co-notaries come across any similar judgment or misjudgment? Is so, what is their opinion on this, I would like to know?
Krish.
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