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vince
Kansas
324 Posts |
 Posted - 02/06/2010 : 5:50:25 PM
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Kansas does not require a log be kept, but strongly suggests it. If there ever is a question that has come up where I've called the SOS office to discuss a particular situation, they typically point out and/or add that you also should probably make a note of it (whatever the difference in regular practice) in your notary log book for this one. They assume you keep the log for your own protection. For the same reason, I've always asked for a thumb print as well and not yet had anyone refuse.
But, I did have a clerical employee of a local police department tell me when confirming the appointment that they would not allow me to record any information regarding ID onto any documents. That closing was delayed by the TC before we had the chance to discuss the thumb print, so that the borrower could take a time out and discuss the need with counsel. |
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n/a
California
1 Posts |
Posted - 02/06/2010 : 4:16:27 PM
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I just wanted to throw my 2 cents worth into the thumbprint issue. I am a CA notary. I have also been a real estate broker for 33 years. In that capacity, we always have to worry about risk management. One of the things the attorneys have always told me is to do a good job, but do not do things that are not required that might get you into trouble. As I see it, taking a thumbprint when it is not authorized is one of those things. The list of things in CA requiring a thumbprint is very short and easy to remember. I would worry that if you took one where it was not authorized and someone made a complaint, you may be in violation of privacy or discrimination laws.
[url+"http://contracostamobilenotary.com"][/url] |
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LindaH
Florida
1754 Posts |
Posted - 07/05/2009 : 2:56:42 PM
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We in Florida are not authorized to take fingerprints...we can if we want, but if the signer refuses to be fingerprinted, we can't refuse to notarize because of his refusal...
Your CA handbook covers this...page 9-10 about your journal:
"If the document to be notarized is a deed, quitclaim deed, or deed of trust affecting real property or a power of attorney document, the notary public shall require the party signing the document to place his or her right thumbprint in the journal. If the right thumbprint is not available, then the notary public shall have the party use his or her left thumb, or any available finger and shall so indicate in the journal. If the party signing the document is general information physically unable to provide a thumb or fingerprint, the notary public shall so indicate in the journal and shall also provide an explanation of that physical condition."
http://www.sos.ca.gov/business/notary/forms/handbook.pdf
You may want to refer to CA Chapter 3, Division 1, Title 2 (also set out at the end of your handbook) to see if there's any particulars about fingerprints but based on the above, if someone comes to you with a document to be notarized not described above you cannot insist on fingerprints.
MHO
Linda
www.notarydepot.com/notary/lindah
http://www.notary.net/websites/LindaHubbell
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yngnotary
California
38 Posts |
Posted - 07/05/2009 : 1:51:15 PM
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Hello all,
I am a new notary just waiting for my commision paperwork. I overheard someone in my 6 hr class saying something about always getting a fingerprint and somehow it covered his *** when he went to court. Just wondering how many of you take finger prints all notarizations even if not required? Do any of you think this is good practise or is it not necessary? |
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Finger Prints
