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 Notarizations - Don't notarize your own signature		  New Topic  Reply to Topic
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crtowles

California
553 Posts
Posted - 12/09/2006 :  01:26:25 AM  Show Profile  Reply with Quote
I am glad to know that I am not the only one that does this. :) I am fully aware that some of these companies have no clue as to what we as notaries can and cannot do. So rather than argue with them I improvise. I just recently had a document (ID Certification) that required me to notarize my own signature. I just drew a nice line and had the borrower sign it.


~Carmen
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dfye@mcttelecom.com

New Hampshire
681 Posts
Posted - 10/06/2006 :  11:44:50 PM  Show Profile  Visit dfye@mcttelecom.com's Homepage  Reply with Quote
Draw a signature line for the borrowers before your acknowledgment and you can legally notarize the document. Unless you do this then you can only certify which means that you are acting only as a witness and not a notary. Most signing companies will appreciate that you caught the error.

An Affidavit is a statement of truth which MUST be signed by the Affiant (borrower) in your presence. It is not complete or legal until then.

I have found lately that many of those particular afffidavits have been changing so that you do not have to notarize them but only sign that you viewed and verified the borrowers identification.

Legal Eagle Para Professional Services
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dfye@mcttelecom.com

New Hampshire
681 Posts
Posted - 01/15/2006 :  02:20:25 AM  Show Profile  Visit dfye@mcttelecom.com's Homepage  Reply with Quote
I usually have the borrowers sign their name somewhere on that document so that I can notarize their signature. You are absolutely correct about it being illegal to notarize your own signature. Most laws are without a doubt regarding notarizing your own signature. By having the borrower sign their name somewhere on the documents, their loan funding does not get held up.

Legal Eagle Para Professional Services
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Kenneth Edelstein

New York
17 Posts
Posted - 02/10/2005 :  05:19:40 AM  Show Profile  Visit Kenneth Edelstein's Homepage  Reply with Quote
It is illegal in the state of New York, and probably everywhere else for the notary to notarize their own signature. But that is EXACTLY what some signing/title docs ask that we do! A typical one is entitled "Affidavit of Identity Check" or something similar. It calls for the signature of the NOTARY ONLY, attesting to your checking the ID, etc. Thus, if you sign and affix your stamp/seal your ARE notarizing yourself! I attach a form letter that states that I did not "miss" this page, but rather that it is illegal for me to sign and stamp. At least in New York State, for my signature/seal to be on a document there must be someone else's signature. HOWEVER - and this is important - it is permissable to sign that form AS AN INDIVIDUAL - not using the title of Notary Public and crossing out (thin line thru and ititials at end) any reference to you using your official office. I choose to not do even that. I make "no statements of fact" other than the standard notarization wording. I would much rather lose a little signing job than have a document in court and have to call my E&O carrier about my signing some "facts" that proved to be in error. One such statement asks me to certify that the borrowers have produced "valid" identification. How can I tell? I cant spot a forgery of a Nebraska Drivers License, and I doubt if you can either. I notarize based on the ID presented (and logged) - but I refuse to "certify" or "make statements of fact" about anything. I certainly don't notarize my own signature - do you?

Regards,
Ken
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