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Lita
California
29 Posts |
 Posted - 02/09/2010 : 11:13:01 AM
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Thank you, I was not going to do it without going back out, but wanted to hear from someone else since this is such a strange request. The thing here is there is something not right with this title company, not sure you are aware of non-payment issues by 1st National Title, well this is them. They changed their name to Advantage Title (I've posted new payment info under that topic). I don't want anything more to do with them. I'll tell them to get the borrower to take the Deed of Trust to a local Notary for notarizating and explain it would cost less than having me go back out because under CA Notary Law it must be notarized again in front of the borrower. Thanks guys for your qucik reply and input.
Lita Caddick
CaddicksNotary@verizon.net
www.CaddicksNotary.com |
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PWinFL
Florida
469 Posts |
Posted - 02/09/2010 : 10:54:50 AM
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NEVER send a loose certificate to anyone for any reason. The certificate is the notaries statement that is associated with a signature on the document. If you simply send a loose certificate, there is no associated signature.
Please note the following from the CA Government Code:
§ 8205. Duties
(a) It is the duty of a notary public, when requested:
(2) To take the acknowledgment or proof of advance health care directives, powers of attorney, mortgages, deeds, grants, transfers, and other instruments of writing executed by any person, and to give a certificate of that proof or acknowledgment, endorsed on or attached to the instrument. The certificate shall be signed by the notary public in the notary public’s own handwriting. A notary public may not accept any acknowledgment or proof of any instrument that is incomplete.
I submit, by sending a loose certificate of acknowledgment is in violation of the above Code. If anyone has a problem with that, they can address their concerns to the Secretary of State.
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 |
Edited by - PWinFL on 02/09/2010 10:56:33 AM |
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Doris_CO
Colorado
148 Posts |
Posted - 02/09/2010 : 10:47:27 AM
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| You are right. You never sign a blank document and you certainly never send a blank acknowledgement with your signature and seal to anyone/any company. Tell the title company that the request is in violation of Notary Public law in your state. |
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Lita
California
29 Posts |
Posted - 02/09/2010 : 10:32:31 AM
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I did a signing for a title company one of the docs was the Deed of Trust, everything was notarized correctly, the lender has confirmed this and the title company has also confirmed it. The title company is asking for a "all purpose acknowledgment" to be sent for this document. When I point out this would be a duplicate notarization (thinking they didn't realize what they were asking for) and even sent a blank one so they could compare the verbiage on what was included with the Deed of Trust, I am still being asked why I won't forward it. When I ask why they only say underwriting requires it.
My Question: I don't want to send a notarized acknowledgment especially for a Deed of Trust without the borrowers signatures in my book or on that document. Can anyone tell me if I'm missing something here?
Lita Caddick
CaddicksNotary@verizon.net
www.CaddicksNotary.com |
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Help Please - Notarization Question
