“I uphold the law, and have sometimes encountered title companies that expect the notary to break the law. Once I was supposed to do a signing for an elderly woman who apparently had no ID, no credible witnesses– and she was new to the area. On the phone, the borrower told me, ‘The woman from the title company said she would validate me anyway.’ This was right before the mortgage meltdown… I called the company and said ‘SHE HAS NO ID.’ The woman from the title company did it; I never went to the signing.
I’ve seen a split signing where there was no venue, the Jurat language was wrong for California…
Another time, in the acknowledgment it said, “Jane Doe by John Doe as her attorney in fact.” There was no one who appeared before me. I told the title company to have one of the lawyers call me. Neither the title company nor I knew what the bank wanted– based on what they sent me. The bank said, “The loan will expire/ you need to do it NOW.” I could not verify capacity. A CA notary may fill out an out of state acknowledgement as long as the notary does not certify a person’s capacity. I also do not do esignings. There are blanks, and names on there that are wrong on the signature name affidavit. You can’t bypass it online, and a notary can’t legally notarize it. Esignings are a problem.”
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