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 Legal Issues
 Please send us (title co) a loose ack
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jbelmont

California
3106 Posts

Posted - 07/16/2011 :  3:25:45 PM  Show Profile  Visit jbelmont's Homepage  Reply with Quote
You can report them to your Sec of State's notary division. They don't want people asking notaries to do illegal acts, and it is a Misdemeanor in California to ask a notary to break the law involving a notary act as well.

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Notary007

60 Posts

Posted - 07/15/2011 :  10:21:26 PM  Show Profile  Reply with Quote
Since they sent their request for a backdated loose ack by email, you have written evidence. Much better than an unrecorded phone request which might be later denied.

You could forward the email to the President of the Title Co. and ask the Prez why they are requesting the notary to perform an illegal act. You can also check to see if the Prez and the person making the request are current notaries. Perhaps they need notary training.

Might also check your state laws regarding attempting to influence a public official. May be in a different section than the notary laws.

I prefer to communicate by email rather than phone calls, so that I have a written record of events. Especially when needing evidence to deal with bad guys. Can also confirm phone calls with a follow-up email.
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Dannotary

California
265 Posts

Posted - 06/04/2011 :  9:14:54 PM  Show Profile  Visit Dannotary's Homepage  Reply with Quote
Have had these requests before. If it is something that I forgot to do I ask for them to fax or e mail me the doc in question. Usually they wont and I never hear anything else from them. I have ascertained on various occassions though, that they have had additional docs that were sent to borrowers to sign that need to be notarized. Then they ask the notary to send them an acknowledgment for it. The reason? They forgot it and now what you to notarize it and dont want to pay for the 2nd trip etc. I keep a complete journal and know what I did. I prepare my packages with a yellow sticky on the pages I am to notarize and check it in my journal as it is done. I triple check a package.
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edelske

New York
815 Posts

Posted - 04/17/2011 :  6:48:09 PM  Show Profile  Visit edelske's Homepage  Reply with Quote
I get a "rush call" for "borrower has the docs" at a bank. I never heard of the title co and have no chance to "check them out". So, I request my fee "up front" with a payment on my web site. To my surprise the payment is made in 3 minutes. WOW, I guess they are serious. Sooo, I drive to the bank. The LO to my delight has separated the 8 docs that need to be notarized. "We just want you to notarize these docs - and leave promptly so we can discuss the details with our client". Does it get any better? Borrower has proper ID - 15 minutes later I am done!
----------- 2 MONTHS go by ------------------
Today I get an email from the Title Co. "Please send us a loose ack for the "closing" you did in mid February". Nothing more. I check my log and and recall that the LO at the bank declined my request to review ALL the docs to be sure everything was notarized. Now I have a "title co person" jumping up and down demanding a (backdated!) ack for a document that was not presented to me by the LO at the bank! I am absolutely positive of my facts, as I clearly recall the LO's response to my "check it all" request. "I know what I am doing - and ONLY these 8 need your "stamp"".
Of course I can't do that - and they (title and LO) KNOW that. My question is: why do they ask for such an illegal procedure?

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