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edelske
New York
815 Posts |
 Posted - 12/25/2010 : 1:05:24 PM
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I think it's relevant to add that the NOTARY has sole "rights" over the content of the notary section. Often there are "errors" of omission or content that do not meet my NY State laws. Typically, the venue is often missing which I write in, "State of New York, County of (where the notarization is taking place)". Additionally, there can be items that are improper and need to be deleted (single line thru and leave readable - initial (in my case 3 letters) at the end of the line). An obvious example is a mortgage notary section I received only 5 years ago that named the borrower "Mr. Borrower, A Black Man". Just "Mr. Borrower" was what they got in MY notary section. Often the docs say that the notary is to "make no changes" - I try to comply - but maintaining my integrity and following the law takes priority.
Kenneth A Edelstein
Mobile Notary, Apostille / Legalization Processing & Fingerprinting
http://www.kenneth-a-edelstein.com |
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lkassis
Iowa
60 Posts |
Posted - 12/14/2010 : 3:29:32 PM
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Been awhile. Hope you don't mind if I jump into this conversation. In Iowa, there is a specific certificate called Witnessing, in which there is no acknowledgment of signature by signer. As you said, Paul, I can't speak for all states but speaking from the Iowa perspective (which may be similar to all if all require some type of certificate wording to perform a notarization of a signature)the best way I can think to explain it is that 'without certificate wording there is no way to know the function that was being administered with the performance of a notary signature and stamp. There must be notarial wording or there is no notary function, as such, no valid notarization. Each notary certificate serves the function of laying out the type of notarization being performed; whether signer is swearing an oath of truthfulness within the document they are signing, whether signer is acknowledging they truly signed the document or if the notary is simply witnessing a signature.'
quote:
Originally posted by PWinFL
If I remember correctly, Shannon, she is from Oregon. Different rules, but even witnessing a signature (allowed in OR) requires a certificate.
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
Linda Kassis
United Notary Association (UNAA)
www.unitednotaries.org
www.halitek.com
If you are not riding the wave of change, you may find yourself under it. Ride the wave with the UNAA. |
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PWinFL
Florida
469 Posts |
Posted - 12/13/2010 : 4:00:29 PM
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If I remember correctly, Shannon, she is from Oregon. Different rules, but even witnessing a signature (allowed in OR) requires a certificate.
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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Shannon
California
360 Posts |
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PWinFL
Florida
469 Posts |
Posted - 12/12/2010 : 5:30:40 PM
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This may be a case where the notary is only witnessing the signature. Witnessing or attesting signatures is a notarial act in which the notary determines that a signature is that of the person appearing before the notary and the one named in the document, and then certifies the same. This determination is usually accomplished by witnessing the signature as it is made. The certificate, if there is one, for this notarial act differs from an acknowledgment and an affidavit/jurat in that there is no statement that the signer acknowledged his execution of an instrument or swore to or affirmed the truthfulness of statements in or on the document signed. There is only the statement by the notary that signature was made in the presence of the notary. In some states, the notary, in attesting a signature, must also certify the proper identification 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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surferwoman1
11 Posts |
Posted - 12/12/2010 : 12:02:57 PM
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I'm sure its a requirement in all the states. I just find it hard to believe that a notary public would notarize something without the notarial wording. Someone showed me the notary's stamp on a document without the wording. Also another person some time ago, said the same thing to me. Some people expect me to notarize the way the other notary did, but I tell them I have to attach a certificate to their document since it doesn't have the wording. Thanks for the input. DD
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PWinFL
Florida
469 Posts |
Posted - 12/12/2010 : 05:05:05 AM
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Please provide the state where you are, as notary requirements vary from state to state. However, most states require some sort of certificate to be completed by the notary and either printed directly on the document beneath the signatures being notarized, or attached to the document's signature page.
And, most states, do not allow the notary to make the decision as to which act, taking an acknowledgment or administering and oath, is to be performed. The document author, custodian, signatory or recipient of the document must tell the notary what is needed.
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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surferwoman1
11 Posts |
Posted - 12/11/2010 : 8:43:02 PM
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I would like some input to a question. I get some calls for regular notarizations, not loans related. I have been told that a notary in my area is notarizing papers that don't have the notarial wording on it. I thought it has to have the notarial wording on it before you can notarize it, or attach an acknowledgment. When I do a notarization without the notarial wording, I attach an aknowledgement or Jurat. What say you?
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Notarial wording
