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Dannotary
California
265 Posts |
 Posted - 06/05/2011 : 8:08:09 PM
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| I staple and attach because it is a law. I also emboss and note that in my journal. Can never document too much. |
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BigTom
6 Posts |
Posted - 01/27/2011 : 12:18:31 PM
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| The reason title companies hate documents being stapled is that usually the first thing that happens when documents are received is they have to be scanned and uploaded to the lender. Scanners hate staples. |
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Barb-the lucky one
Illinois
2 Posts |
Posted - 01/27/2011 : 09:54:01 AM
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Thanks everyone.
Enjoy your day! |
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jbelmont
California
3106 Posts |
Posted - 01/27/2011 : 12:54:58 AM
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Here is a funny story about stapling. California notary law requires that certificates are "attached" to the document. This means stapling. My best clients (2 Title companies) complained about my staples and unstapled all of the loan documents that I stapled. I used an industrial stapler too because they don't misfunction like the little ones do on thick stacks of papers in deeds.
So, my clients complained about what I did which was a legal requirement. Lenders.... half of them take a lot of liberties.
The main point is to follow the law in your state.
If a multi-page document is not stapled, then interior pages could be substituted which is a no-no. You could EMBOSS all of the pages in the document which is another way to deter page substitution. Embossers leave a raised seal and you can use them inkless as a second / additional seal in many states.
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DianaNotary
California
171 Posts |
Posted - 01/26/2011 : 2:59:19 PM
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I don’t think stapling the documents has anything to do with giving legal advice, etc. I think it’s O.K. for the notary to staple the document as long as he/she inquires first if the signers don’t mind (for any reasons, maybe they would like to run a set of copies…). Bottom line, offering to staple the documents is a type of…..customer service (or what not) that a notary can offer.
http://www.DianaNotary.com |
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LindaH
Florida
1754 Posts |
Posted - 01/25/2011 : 07:12:42 AM
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I can see the concern on both sides here - not sure I'd consider stapling the pages together as UPL...here's what I do with loose certs:
At the top of the loose cert I add the following wording:
"This Acknowledgement (or Jurat) is attached to a document entitled ____________________________ dated ________________________ and consisting of ____ pages, inclusive."
OR..
Either hand print or stamp an acknowledgement right on the signature page, eliminating the loose cert altogether.
Good Luck.
Linda
www.notarydepot.com/notary/lindah
http://www.notary.net/websites/LindaHubbell |
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PWinFL
Florida
469 Posts |
Posted - 01/25/2011 : 06:43:46 AM
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I never staple the pages of any instrument or document together. However, I do staple a loose certificate (if one is used) to the signature page of the instrument. (Be sure to annotate the loose certificate to show what document it is for. Many certificate forms include an "optional" section at the bottom for identifying the document.)
A notary public may not notarize a document that is incomplete. If presented with a document for notarization, which the notary public knows from his or her experience to be incomplete or is without doubt on its face incomplete, the notary public must refuse to notarize the document. (CA Government Code section 8205, FL FSA §117.107(10)) So, it is your responsibility to ensure that the document is complete.
I don't think that stapling the document together would constitute UPL or be considered as offering legal advice.
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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Barb-the lucky one
Illinois
2 Posts |
Posted - 01/25/2011 : 05:58:26 AM
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Hi,
I'm a long time lurker and a first time poster.
This may seem really basic, but my fellow notary buddy and myself are having a friendly dispute: When I notarize a document with multiple pages (for example, a durable power of attorney) that my client has downloaded and printed themselves from the internet. I always staple the pages together after I've notarized the signature. My reason is that I don't want there to be pages added to the document, or have my notarization page added to a different set of documents. My friend says that I should not do this because I am taking the responsibility for determining that the document is 'complete' and that this action could be mis-interpreted as my giving legal advice.
I'd love feedback - both reasons seem valid.
Barb |
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Stapling Documents
