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edelske
New York
815 Posts |
 Posted - 01/30/2013 : 6:18:35 PM
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NY State Notary Law regarding Acknowledgements:
§309-a. Uniform forms of certificates of acknowledgment or proof within this state.
1. The certificate of an acknowledgment, within this State, or a
conveyance or other instrument in respect to real property situated in this State, by a person, must conform substantially with the following form, the blanks being properly filled:
State of New York )) ss.:
County of . . . . . . . )
On the . . . . . . day of . . . . . . in the year . . . . . . before me, the undersigned, personally appeared . . . . . ., personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument.
(Signature and office of individual taking acknowledgment.)
I can't find any mention in NY State Notary Law as to a requirement to "adjust" the portions in red. Some may consider doing so a "best practice" - personally, I leave the forms as is. To redact properly each strike out would require initialing each change to the printed form and the acknowledgement would look absurd. A simple single male ack would require TEN redactions and each should be initialed. It is NOT proper to "just" strike out - changes must be initialed. ALL changes in the notary section are initialed by the notary.
The model is from http://www.dos.ny.gov/licensing/lawbooks/notary.pdf
RED added by me.
Kenneth A Edelstein
Mobile Notary, Apostille / Legalization Processing & Fingerprinting
http://www.kenneth-a-edelstein.com |
Edited by - edelske on 01/30/2013 7:30:21 PM |
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smcohn
California
17 Posts |
Posted - 01/24/2013 : 09:34:37 AM
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| I just received back the recorded grant deeds and proceeded to add them to my paper trail of recorded grant deeds in my safe. After many re-fis over the course of my home ownership, and never being a Notary until now, I was not really surprised to see that all five previous GDs were never "pronouned" or "pluralized". Not even the last one done four months ago. The Notaries were very professional, but obviously didn't know they were required to do this. I was trained better! |
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jbelmont
California
3106 Posts |
Posted - 01/23/2013 : 11:46:28 PM
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Adults and professionals -- or not as the case often is, you need to scrutinize people doing any serious profession. Yes, most notaries shouldn't be commissioned in the first place. This is the fault of the states. It should be harder to become a notary, and harder to STAY a notary.
When I see the work of other notaries, the he/she/their is not crossed out appropriately 70% of the time. Most notaries shouldn't be notaries. The state handbook is very confusing and has too much info. It should be shorter and focus on what you really need to know.
We ask notaries easy questions over the phone, and only a third of them give really professional sounding answers -- the rest do a mediocre job, or stumble.
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middleVT
Afghanistan
38 Posts |
Posted - 01/01/2013 : 2:43:33 PM
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Part of the blame goes to lazy authors of state notary manuals (usually, the Secretary of State's office). It's so much easier to just type the sample wording, and such a pain to actually fill it out with a pen, scan it, and put it in the manual. Thus, notaries are never presented with an official example that shows whether a particular state considers it necessary to cross out the inapplicable words in "he/she/they" and the like.
<i>middleVT</i> |
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LindaH
Florida
1754 Posts |
Posted - 12/31/2012 : 07:14:23 AM
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I always check the preprinted certs to make sure they're accurate for FL and, if not, I make them comply.
Jeremy, I disagree with this statement that " There is also no agency that actually audits notary's actual work and sees if they crossed out their his/her/their signature(s), etc. A little more babysitting is necessary so that notaries by definition are doing their job correctly"
What's sad is that we have alleged "adults" and "business people" who can't read a handbook or can't take the time to know their own state's laws and procedures. Purported adults and business people should not need babysitting - they should have the wherewithal to know what their job entails and to do it right. And my personal opinion, if one can't take the time to know their laws and procedures cold, then one should not be in this or any other business.
JMO
Linda
http://www.columbiacountynotary.webs.com |
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edelske
New York
815 Posts |
Posted - 12/31/2012 : 07:06:37 AM
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Like a hawk. That notorial wording is MY statement, the thing I am signing as a public official. Often things are in there that I can't "live with". All too common is an addition that would add "value" to the document; added by the attorney.
One example, "Before me appeared Minnie Mouse, the rightful heir to the Daffy Duck trust fund". Then it's MY statement as the the claim of Minnie. A simple redact and initial deletes the offensive addition.
Kenneth A Edelstein
Mobile Notary, Apostille / Legalization Processing & Fingerprinting
http://www.kenneth-a-edelstein.com |
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jbelmont
California
3106 Posts |
Posted - 12/01/2012 : 2:50:17 PM
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I have seen so much incorrectly worded notary certificates for acknowledgments, jurats, etc. I can't believe there are so many notaries who don't know what they are doing. Apparantly the training seminars we get do not involve any hands on training which is what people need. There is also no agency that actually audits notary's actual work and sees if they crossed out their his/her/their signature(s), etc. A little more babysitting is necessary so that notaries by definition are doing their job correctly! This is a serious profession and there are serious consequences for messing up your professional work.
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Does anyone scrutinize notorial wording?
