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February 17, 2016

If the lender has the Notary change a date on the Acknowledgment

I ask this question just to see if I can throw a curve ball at the Notaries.

Question:

If the Lender asks the Notary to change a date on the Acknowledgment, who initials the change? The Notary, the Signer, or both?

Common Answers

(1) That is illegal. I wouldn’t do it.
Commentary: It is illegal to falsify a date on a Notary certificate. But, if you change a date, you might be changing it from a wrong date to the correct date. “Oh, I didn’t think of that…” Besides, we are not asking you if it is legal to change the date, we are asking who initials.

(2) The borrower
Commentary: The borrower or signer has no business writing anything in the certificate section as that is the exclusive jurisdiction of the Notary. At this point the Notary being asked the question normally says, “Oh, I thought you meant the document.” If I meant the document, I would not have said the Acknowledgment.

(3) Both
Commentary: Only the Notary can touch the certificate section.

What about California
I have heard that in California you cannot fix a certificate. You have to notarize it all over again. Hmmm.

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You might also like:

Can you send a loose acknowledgment?
http://blog.123notary.com/?p=16168

10 tight points on loose certificates
http://blog.123notary.com/?p=15449

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1 Comment »

  1. Yes, in CA if there is a date change a new notarization must take place with signer present, date signed and new cert. attached to document.

    Comment by Veronica Jianuzzi — March 9, 2016 @ 10:37 pm

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