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 I Guess I Am Overdue for an Odd One
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edelske

New York
815 Posts

Posted - 12/24/2010 :  4:37:34 PM  Show Profile  Visit edelske's Homepage  Reply with Quote
quote:
Originally posted by Lisa T.

In other words, they wanted her to make photocopies, call the notary who notarized "Jane's" signature - that would be me - and to have the notary fill out, sign and seal original acknowledgment certs to attache to the number of photocopies they are requesting -

No problem at all. Simply tell Mary to make the 5 copies and attach a statement (by Mary) that the attached document is an exact copy of the document that she received on such and such date. Then you notarize Mary's statement attesting to the copies being true copies.
I do it all the time, what you are notarizing I call "Affidavit of Photocopy" - a statement by the BEARER of the original document as to the accuracy and completeness of the attached photocopy. Thus the copies have a notarized statement attached to them.

Kenneth A Edelstein
Mobile Notary, Apostille / Legalization Processing & Fingerprinting
http://www.kenneth-a-edelstein.com
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BobbiCT

Connecticut
135 Posts

Posted - 03/22/2010 :  05:00:32 AM  Show Profile  Visit BobbiCT's Homepage  Reply with Quote
Mary needs to get her trustee act together. Sounds like the entity wants its lawyer to review the trust before the entity will even consider doing what Mary wants (very common when borrowing funds or opening a financial account as trustee).

More than a notary needs to know: Daytime deal with trustees, beneficiaries of trust and entities that trustees deal with. In short, non-legalese without specifics: If this is a Revocable Trust, after Jane dies the trust morphs into another type of trust (can even split into multiple trusts with different trustees). Any entity dealing with that trust will want more than to see the original. Often need more than just the trust; i.e., Affidavit of Facts containing various statements including certification of current trustee(s), authority of current trustee(s) to act, sometimes beneficiary and taxation issues, etc. Mary doesn't need a notary, she needs to hear exactly what the entity needs from its in-house lawyer or talk to a lawyer herself. If Mary is mortgaging real property as Trustee of that Trust after Jane's death, even stickier wicket.

You did good. I doubt you'll get a call from "them." Mary, innocently enough, may have been trying to get by by just passing off copies of the trust as "notarized originals" rather than using a certified copy. FYI. The few times a client had one original trust and didn't want to loan it out, s/he was able to go to the local branch of the entity asking for it, the branch manager or assistant looks through the original, makes a photcopy of it to send from her/him to the related person/department, and returns the original trust to client. A "plain" copy was acceptable because it was made in-house by an "officer" of the entity.

Bobbi in CT
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Lisa T.

California
391 Posts

Posted - 03/20/2010 :  10:45:15 PM  Show Profile  Visit Lisa T.'s Homepage  Reply with Quote
I rarely get bizarre requests so I guess I am overdue for one. Got a call from a past customer, "Mary" regarding a Trust document I notarized the signature on for her relative, "Jane". I usually remember customers or something about the appt but totally didn't remember anything about "Mary" or "Jane" or the appt in general.

"Jane" passed away and her affairs, particularly the real estate, are being handled by "Mary". I only notarized one copy of the Trust but "Mary" says "they" (whoever "they" are) wants the original copy of the notarized Trust. She refuses as it is her only set. She tells "them" that she will make photocopies, as many as they need and "they" tell her they need original acknowledgments attached to the photocopies. In other words, they wanted her to make photocopies, call the notary who notarized "Jane's" signature - that would be me - and to have the notary fill out, sign and seal original acknowledgment certs to attache to the number of photocopies they are requesting - I believe she said they need five photocopies. I tell "Mary" that I cannot do that. "Jane's" signature would have to have been signed to multiple copies at the time of the original appt., which also means I would have multiple journal entries. The only thing "they" will get is photocopies of the trust paperwork as it is.

I told "Mary" to give "them" my phone number and I will explain to "them" what I told her. She said she thought what they were asking couldn't be done but just wanted to confirm that with me.
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