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jbelmont
California
3106 Posts |
 Posted - 04/27/2013 : 1:50:44 PM
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I just read on NR's forum that a notary went on vacation, took her seal, and actually had to use it. She was out of state though.
When she was on vacation, the signing company had a special request for a 2nd deed of trust with new wording for an Attorney in Fact section. This notary notarized it, and saved the loan. But, this sounds very illegal.
(1) First of all, where was the signer. They need to sign the journal in most states for a new notary certificate to be completed. They need to PERSONALLY APPEAR for an acknowledgment, right?
(2)Secondly, it is illegal to perform a notary act outside of your state of commission -- except in certain states in a particular number of conditions (sometimes for deeds for properties which are in your state, a few states in the South let you notarize outside of the state boundaries). If the signer already appeared before you and you completed the journal entry, would it be illegal to do the final stamping of the document and certificate wording outside of state boundaries? In my opinion, doing ANY part of a notary act outside of your state of commission looks illegal to me!
(3) Your notary seal needs to be kept under lock and key. If it is in your purse, it is not locked, unless you have a locking purse which is something I have never seen.
(4) What venue do you put in the notarization when you are out of state?
So, what was this notary thinking?
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Notary takes seal in purse out-of-state?
