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jbelmont
California
3106 Posts |
 Posted - 11/12/2011 : 01:37:10 AM
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I just wrote a new blog entry about how Texas Notary Public law -- or a house bill has some restrictions about how thumbprints can be used. This effects notaries in texas. Our blog entry talks about this!
http://blog.123notary.com/?tag=texas-notary-public
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PWinFL
Florida
469 Posts |
Posted - 09/22/2009 : 12:01:29 PM
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In Florida, the journal is not a public record. It is the private property of the notary. The previous attempt at making the journal a notary requirement failed, partly because the way the bill was written made the journal a public record which is a violation of privacy. I have submitted a modified bill to my representatives for the upcoming session next year. The modification that I included does not make the journal an open public document, but, similar to California, can be subpoenaed by the courts, law enforcement or principal to the underlying transaction, thus protecting the privacy of the signer.
Never drive any faster than your guardian angel can fly.
I am not an attorney licensed to practice law in the State of Florida,
and I may not give legal advice or accept fees for legal advice.
Visit us online at http://www.PAWnotary.com |
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LindaH
Florida
1754 Posts |
Posted - 09/22/2009 : 11:13:54 AM
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"the Notary Journal is considered a public document. Therefore, any number that identifies the person is not to be recorded. This includes passport and driver's license numbers."
Wonder if the FL SOS should re-think this..our manual says about suggested info to include in the journal "the type of identification relied upon in identifying the party, including the serial number,
expiration date, date of birth, etc"...unless somewhere FL doesn't consider our journal a "public record"...
Linda
www.notarydepot.com/notary/lindah
http://www.notary.net/websites/LindaHubbell
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Edited by - LindaH on 09/22/2009 11:18:28 AM |
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PWinFL
Florida
469 Posts |
Posted - 09/22/2009 : 10:35:02 AM
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And the reason is because the Notary Journal is considered a public document. Therefore, any number that identifies the person is not to be recorded. This includes passport and driver's license numbers. Other numbers that qualify include social security numbers (typically used on military and VA ID cards).
As Linda pointed out, this only applies to the journal, not to the lender/title documents.
Never drive any faster than your guardian angel can fly.
I am not an attorney licensed to practice law in the State of Florida,
and I may not give legal advice or accept fees for legal advice.
Visit us online at http://www.PAWnotary.com |
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LindaH
Florida
1754 Posts |
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vince
Kansas
324 Posts |
Posted - 09/22/2009 : 09:02:57 AM
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quote:
Now, I don't see anything here about it being okay to capture the last four numbers - this strictly prohibits any recording of the ID number...it may be okay for the ATTORNEY to capture the last four but as "just a notary" you're held to a different standard. If it were me, I'd be following the above and not recording ANY numbers associated with government issued ID's.
Frequently, lenders ask for various and multiple forms of Identification. Typically a government issued document with a photo (for instance a drivers license or passport) for primary source and in many cases a secondary form of ID. Early on in my notary endeavor a person produced a credit card with a picture as photo ID but did not want the number recorded. Instead they asked if I could simply use the last 4 or 5 digits of the card. That was okay with the title company as secondary ID and okay with the borrower as it was not enough information to tie the two together.
If a title company asked me to record the last four or five numbers of the license, assuming the document I was looking at had more than five numbers on it, I would probably conditionally comply because it is not the number on the license.
The reason for the condition is the section you quoted went on to say “or any other number that could be used to identify the signer, grantor or maker of the document. (This does not prohibit a notary from recording a number related to the residence or alleged residence of the signer, grantor or maker of the document or the instrument)"
It is above my pay grade to determine what the phrase “...or any other number that could be used to identify the signer...” means. So, as a condition, I would likely call the Texas SOS and ask about the intent of the regulation as it would relate to being asked to use a shortened version of the number being used within any ID’s presented, not just the driver's license. |
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LindaH
Florida
1754 Posts |
Posted - 09/22/2009 : 06:21:22 AM
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quote:
Originally posted by vwarren
a texas lawyer/notary said it's okay to capture the last four of dl
This from your SOS website, in part.....
"A Notary Public may not:
10.record in the notary’s record book the identification number that was assigned by the governmental agency or by the United States to the signer, grantor or maker and that is set forth on an identification card or passport; or any other number that could be used to identify the signer, grantor or maker of the document. (This does not prohibit a notary from recording a number related to the residence or alleged residence of the signer, grantor or maker of the document or the instrument"
Now, I don't see anything here about it being okay to capture the last four numbers - this strictly prohibits any recording of the ID number...it may be okay for the ATTORNEY to capture the last four but as "just a notary" you're held to a different standard. If it were me, I'd be following the above and not recording ANY numbers associated with government issued ID's.
MHO
Linda
www.notarydepot.com/notary/lindah
http://www.notary.net/websites/LindaHubbell
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Edited by - LindaH on 09/22/2009 06:26:56 AM |
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BobbiCT
Connecticut
135 Posts |
Posted - 09/22/2009 : 05:09:40 AM
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Don't forget to verify the lawyer's "free personal legal opinion" through your commissioning office - get that Texas state staff attorney's name, department and phone number for future reference. Write it in your journal (if ever questioned, Attorney "X" of the Texas [agency] told me it was OK to do this.)
I work with lawyer's all day. My personal opinion: The only "safe" legal opinion is the one that's in writing on the firm's letterhead or that you paid for. Anything else is just a "personal" opinion or advice.
Bobbi in CT |
Edited by - BobbiCT on 09/22/2009 05:10:06 AM |
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vwarren
Texas
11 Posts |
Posted - 09/21/2009 : 11:19:03 AM
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| a texas lawyer/notary said it's okay to capture the last four of dl |
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lmficca
Texas
13 Posts |
Posted - 07/16/2009 : 9:33:29 PM
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| I came across this on NNA's website: "As of April 22, 2007, Texas notaries are forbidden from recording in their notary record books the identification number that was assigned by the government agency or by the United States to the signer, grantor or maker that is set forth on the identification card or passport or any other number that could be used to identify the signer, grantor or maker of the document. See Section 87.60 of the Notary Public Rules, Texas Administrative Code. Nothing shall be construed to prohibit Texas notaries from recording a number related to the residence of the signer." The reasoning for this being since anyone can get a copy of any page in our record book, it might facilitate theft identity to have access to personal identification information. So, I'm assuming I can't enter DL#'s anymore. Have any other TX notaries come across this? --LMFicca |
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