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jbelmont
California
3106 Posts |
 Posted - 12/15/2006 : 11:33:15 AM
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| I don't know what IL acknowledgment forms say, but in California, the words "personally appeared before me" are part of the verbiage which is a hint as to whether or not the signer needs to appear in front of you. Once I went to a jail and the signer was 50 yards away behind a window waving at me and the attorney claimed that the signer appeared before me. But I have a three armslength standard for that. 50 arms lengths is too much regardless of what the guards and attorneys say. |
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dfye@mcttelecom.com
New Hampshire
681 Posts |
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dfye@mcttelecom.com
New Hampshire
681 Posts |
Posted - 11/20/2006 : 02:28:42 AM
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Here is what New Hampshire law has to say about notarizing documents without the signer being present.
TITLE XLII
NOTARIES, COMMISSIONERS, JUSTICES OF THE PEACE, AND ACKNOWLEDGMENTS
CHAPTER 455
NOTARIES PUBLIC AND COMMISSIONERS
Enforcement
Section 455:16
455:16 Misconduct, Penalties. –
I. A person shall be subject to a civil penalty not to exceed $1,000 if such person:
(a) When applying for a commission as a notary public, negligently or recklessly makes a material false representation on the application form;
(b) Holding a commission as a notary public or justice of the peace, negligently or recklessly makes a notarial act that is false;
(c) Holding a commission as a notary public or justice of the peace, negligently or recklessly makes a notarial act for a person not personally known by the notary without first requiring the person to establish his or her identity; or
(d) Holding a commission as a notary public or justice of the peace, negligently or recklessly makes a notarial act purporting to have witnessed the maker's signing of the document or purporting to have received the oath or affirmation of the person, when the notary did not actually witness the maker's signing of the document or did not actually receive the oath or affirmation of the person.
II. A person shall be guilty of a class A misdemeanor:
(a) If such person purposefully or knowingly commits any of the acts listed in paragraph I.
(b) If such person makes a notarial act, as defined by RSA 456-B:1, I, knowing he or she is not a person authorized by RSA 456-B:3 to perform a notarial act.
III. (a) The court, upon petition of the attorney general, may levy upon any person who violates the provisions of paragraph I a civil penalty in an amount not to exceed $1,000 per violation. All penalties assessed under this paragraph shall be paid to the secretary of state for deposit into the general fund.
(b) The attorney general shall have authority to notify suspected violators of this section of the state's intention to seek a civil penalty, to negotiate, and to settle with such suspected violators without court action, provided any civil penalty paid as settlement shall be paid to the secretary of state for deposit into the general fund.
Source. 2005, 118:6, eff. Jan. 1, 2006.
Legal Eagle Para Professional Services |
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jbelmont
California
3106 Posts |
Posted - 11/17/2006 : 3:54:21 PM
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| An affidavit is usually notarized using a Jurat which requires the signer to sign and swear an oath regarding the trueness of the document in front of the notary. If the signer decides for the notary to administer an acknowledgment then there would not be the necessity for the notary to witness the signing or take an oath, but merely for the signer to appear before the notary, show the pre-signed doc, and sign the journal after being positively identified. |
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dfye@mcttelecom.com
New Hampshire
681 Posts |
Posted - 09/08/2006 : 10:13:28 PM
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What kind of a legal firm allows a notary to notarize documents without an affiant being present. SHAME ON THEM!!! They obviously have no regard for your good character by allowing you to perform an illegal act such as notarizing 1200 Affidavits per month without an affiant present. There is no amount of money that could get me to ruin my character.
Chunks, if I was you, I would check out this [legal firm] with the Better Business Bureau and report them to your State's Professional Conduct Committee.
Legal Eagle Para Professional Services |
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dfye@mcttelecom.com
New Hampshire
681 Posts |
Posted - 09/08/2006 : 9:47:53 PM
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Tee hee!!!
Legal Eagle Para Professional Services |
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LindaH
Florida
1754 Posts |
Posted - 09/08/2006 : 11:34:59 AM
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Excuse me??...an incorrect definition quote??!!....How dare you!!...guess we'll need to shoot you now!!..<G>...and Chunks can notarize the death certificate - which will probably mean you're really not dead!!!
Linda |
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dfye@mcttelecom.com
New Hampshire
681 Posts |
Posted - 09/07/2006 : 11:13:38 PM
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Most Notaries do not hold the position full-time and work other jobs. "Despite the fact that they are not full-time "professional" notaries, their every act as a Notary must be accomplished in a professional manner, however, because they are held to high accountability and are relied upon by the public because of the high degree of responsibility which they exercise." (Anderson's Manual for Notaries Public, 5th ed.)
Legal Eagle Para Professional Services |
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dfye@mcttelecom.com
New Hampshire
681 Posts |
Posted - 09/07/2006 : 11:02:07 PM
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I need to make a correction in that I quoted the definition of Affidavit from Blacks Law Dictionary. The correct Law Dictionary is Barron's. My apologies for the oversight.
Legal Eagle Para Professional Services |
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dfye@mcttelecom.com
New Hampshire
681 Posts |
Posted - 09/07/2006 : 9:53:30 PM
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I, too was "dumbstruck" by Chunks' post.
Let me say, however, that when you become a notary, you need to be aware of what is required of you and what your resposibilities and duties are BEFORE your election . I would never recommend that anyone sign up to be a notary without knowing the full spectrum of the position.
To Chunks: Please go back to the Illinois state laws on Notaries Public and review them thoroughly. Depending on whatever the future holds on the affidavits that you signed, they may/could be rendered invalid in a court of law.
Legal Eagle Para Professional Services |
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LindaH
Florida
1754 Posts |
Posted - 09/07/2006 : 1:06:47 PM
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Very intellectual response dfye - too bad I was too dumbstruck by the question to think of even an iota of this type of response..:)
Linda |
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dfye@mcttelecom.com
New Hampshire
681 Posts |
Posted - 09/07/2006 : 09:31:06 AM
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Anderson's Manual for Notaries Public Fifth Edition describes an Affidavit as a "declaration reduced to writing, signed by the affiant, and sworn to BEFORE an officer authorized by law to administer oaths."
Blacks Law Dictionary describes an Affidavit as "a written, ex parte statement made or taken under oath BEFORE an officer of the court or a notary public or other person who has been duly authorized so to act."
If you ever had to go to court you would be required to testify under oath to the truth. You would have to divulge that you signed those affidavits without ever witnessing a signature. After all, a Notary is an Officer of the Court and must respond as such. This will not reflect well on you as a Notary.
In New Hampshire, we are subject to "petty offense" fines for misuse of office. If you are signing 1200 affidavits per month without witnessing a signature imagine what the fines could be if your state imposes them. They may never find out but in the end you are the one who needs to account for your use of authority and at best live with yourself.
As for what you want to do about it, is your decision.
My Opinion:
You can go on the way you have been all along and think nothing more of it or you could do the right thing and have the affiant present so that you can properly administer and they can legally take the oath no matter what.
As a notary you have already established yourself as someone with good moral character are expected to abide by the law. Don't let anyone take that from you.
YOU CANNOT ADMINISTER AN OATH TO SOMEONE WHO IS NOT THERE.
Disclaimer: The above opinion is not to be construed as legal advice of any kind.
Legal Eagle Para Professional Services |
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LindaH
Florida
1754 Posts |
Posted - 09/07/2006 : 07:03:46 AM
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So, in other words, you notarize 1200 affidavits a month for A LEGAL SERVICES firm - and you don't know what you're doing?...do I have that right???
That's incredibly scary....
Linda |
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n/a
1 Posts |
Posted - 09/06/2006 : 03:25:10 AM
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I Notarize about 1200 affidavits a month for a legal services firm in Illinois.I do this without ever witnessing the individual signing the affidavit.Is this affidavit good in court ? Also am i DOING SOMETHING WRONG ??Please help me with this as I am unsure...
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Dear Signing Agents,
IL - Illegal ???
Be the first person to vote!