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LindaH
Florida
1754 Posts |
 Posted - 04/11/2015 : 07:27:48 AM
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Christina...if I'm understanding your post correctly and you're referring to Florida...
"you have to use Florida wording for all their docs, can't switch them out"...
Yes, we CAN use an out-of-state notarial certificate providing the 9 elements required in Florida are present. We do not have to switch them out - we just need to make them conform. Have never had a doc kicked back. I know CA is notorious for this - not so much here.
Also, "I believe they also require witnesses as well, on the mortgages."
Florida law does not require witnesses on mortgages - only on deeds of conveyance (Warranty, Special Warranty, Quit Claim, Administrator's, Executor's, etc etc) - not on mortgages. HOWEVER, that said, there are several counties in Florida that have imposed their own witness requirements, two of those being Dixie and Suwannee. I believe there's one or two more but am not sure. If the property is located in any of these counties, then yes two witnesses are required on the mortgage. By state law, though, no witnesses are required on mortgages.
My problem here is many out-of-state companies think WE have to conform our certs to comply with CA law and wording and it's just not so. I had a HUGE go-round with a lender because I lined through the "under penalty of perjury" clause on the cert and initialled. That is not a requirement here in Florida and I resent having to sign off on it.
Linda
http://www.columbiacountynotary.webs.com
http://www.notary.net/websites/LindaHubbell |
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Christina H
California
12 Posts |
Posted - 04/10/2015 : 9:15:52 PM
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Yes, you have to use Florida wording for all their docs, can't switch them out. I believe they also require witnesses as well, on the mortgages.
quote:
Originally posted by crtowles
@Dannotary. Except in Florida if you switch out and use CA wording on a DOT/Mortgage. Thier county clerk will kick it out.....(this has been in my experience)
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crtowles
California
553 Posts |
Posted - 04/07/2015 : 2:22:01 PM
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| @Dannotary. Except in Florida if you switch out and use CA wording on a DOT/Mortgage. Thier county clerk will kick it out.....(this has been in my experience) |
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Dannotary
California
265 Posts |
Posted - 03/31/2015 : 06:14:19 AM
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| I don't have the time or interest in trying to read between the lines, scrutinizing all forms of verbiage, or think about what may be acceptable or not, I just always attach a new compliant Ca Ack or jurat. Like Carmen, I had a stamp made to affix above the Venue section if space permits. I like consistency and want to be beyond reproach at any cost at all times. |
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edelske
New York
815 Posts |
Posted - 03/28/2015 : 07:07:00 AM
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A quick Google for "number of counties in usa" found:
there were 3,007 counties, 64 parishes, 19 organized boroughs, 11 census areas, 41 independent cities, and the District of Columbia for a total of 3,143 counties and county-equivalents in the United States.
Suppose only 5% of them (150) had unique specific notary wording requirements - totally unworkable.
A notarization properly executed in one location should be valid anywhere in the USA, similar to the acceptance of an "out of state" driver license. I always emboss as some require embossing - but that is my only concession to universal acceptability. If there is wording preprinted on the instrument and it does not violate my NY State laws I ignore it. If offensive I redact it. I do not see it as my mission to research 3,007 juristrictions for their Proclivities.
These "county recorders" are the tail attempting to wag the dog.
Kenneth A Edelstein
Mobile Notary, Apostille / Legalization Processing & Fingerprinting
http://www.kenneth-a-edelstein.com |
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crtowles
California
553 Posts |
Posted - 03/25/2015 : 2:50:02 PM
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| From my understanding, yes Linda. |
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LindaH
Florida
1754 Posts |
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crtowles
California
553 Posts |
Posted - 03/25/2015 : 06:42:53 AM
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It is surprising to me just how many notaries are still using old notarial certificates. Remember folks as of the first of the year 2015 all acknowledgments and jurats MUST have the new disclaimer above the venue (state and county). See exact wording below. You can go to the SOS website (www.ss.ca.gov) and print off the new certificates for free. I had a small inked stamp made that I keep with me so that if there is room I can add it to the notary section of the document. Remember, without this wording the county recorders office WILL send the document back.
'A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which this
certificate is attached, and not the truthfulness,
accuracy, or validity of that document.'
~Carmen
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NEW: California Notary certificate wording......
