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PWinFL
Florida
469 Posts |
 Posted - 05/17/2010 : 5:36:02 PM
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quote:
Originally posted by jbelmont
If a notary fills out a form incorrectly, makes a serious omission on a form, or forgets to get a signature in their journal ( if required by their state ), those could be considered notary mistakes. If the notary makes a mistake, they need to go back and fix it. They should call the signer if they have the phone #, and fix the problem as soon as... See More possible.
A note for Florida notaries. You cannot fix a mistake. Once you "complete" the notarization, you may not amend your certificate. For instance, if you forgot to state the type of identification or affix your seal and the document is returned to you on a later date by the receiving party, you may not correct your error. The document will require re-notarization, including the presence of the document 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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jbelmont
California
3106 Posts |
Posted - 05/17/2010 : 5:17:17 PM
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If a notary fills out a form incorrectly, makes a serious omission on a form, or forgets to get a signature in their journal ( if required by their state ), those could be considered notary mistakes. If the notary makes a mistake, they need to go back and fix it. They should call the signer if they have the phone #, and fix the problem as soon as... See More possible.
If a notary certificate such as an acknowledgment or jurat certificate is filled out wrong, there are various things that could be wrong. The names could be mispelled, or one of the names in a multiple person acknolwedgment could be missing. The notary could have forgotten to stamp the certificate, or sign the certificate. Additionally, the stamp could have been smudgy which is not always acceptable to whomever the document custodian or recipient will be. If the notary forgets to get a journal signature, they should go back to the signer, and have them sign the journal in the presence of the notary. It would not be acceptable for someone else to take the journal to the signer and have them sign since notary acts require the signer to sign the journal when "personally appearing" the notary.
In the case of a loan signing, if a notary makes a mistake, they should be willing to go back to the signing at no cost, even if its far away, and fix what was wrong. Its common for a notary to forget to notarize one of the documents in a large package, or to forget to attach an acknowledgment form to one of the notarized documents. If the loan signing company that hired the notary wants to be nice, they can pay the notary, but the notary should not demand compensation if the mistake is on their end.
On the other hand, Title and Signing Companies often make mistakes including misspelled names and omissions of important documents. If a loan needs to be resigned due to a non-notary mistake, then the notary should expect to be paid for a second signing if they have to go out again. Notaries beware, its very common for notaries to get cheated out of fees for second visits to borrowers, so make absolutely sure, that you get paid for this in a timely manner!
Interesting responses from notaries:
(1) The notary needs to go back at no charge to the customer.
(2) Apologize, and then go back, contact the document custodian, ask what they should have done, and fix the problem.
(3) If the company puts flags on all signature lines, its harder to miss them.
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What to do if a notary makes a mistake?
