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January 3, 2017

Who is the Notary?

Filed under: Ken Edelstein — Tags: — admin @ 12:17 am

Who is the Notary?

Frequently, in over a decade of doing this, an occurring event is: a request for backdating, either directly or processing yesterday’s docs today, without updating the date in the notarization. What dates are in the rest of the doc is of no concern to me. One dim bulb in escrow connected me to the LO for “clarification” of the rules. “Any date in the notary section may be used as long as you have the permission of the LO in charge of the transaction”. “The LO has final “say” in all matters”!

Readers, ya better open your window; from here on the stink will be getting worse. Sayeth the LO: the escrow manager told you how to proceed – and the “entries” in question “require” the notary section to conform to the rest of the document. You risk a costly lawsuit if you “intentionally” cause the funding to be cancelled!” That LO must have a PHD (Piled Higher & Deeper) because rarely is so much BS directed in my direction. Mr. LO: MY definition of the “notarization date” is the date the notarization was performed. LO: you are being “an obstructionist”, your insistence will cause financial damage to many, especially to you.

Well, I detect a smidgen of truth in LO’s statement. Specifically the LO will not receive, or have delayed; the commission. So, I make a “small” request. LO, sayeth this humble scribe; I was not aware of the broad scope of your authority over all specific entries in the package. Perhaps I misunderstood my reading of rules and laws governing my actions. Thank You for the new information. I consider myself a fastidious notary, and keep very detailed records regarding the assignments I process. Ours, up this point; have been verbal communications – I need but a moment of your time to add some documentation to the project’s file. Please type out on company stationary what you wish me to do and hand sign it. Also sign under a photocopy of your driver license. Email to me both attachments directly from the computer at your office, not your cell phone. Watta surprise, the requested email never arrives.

Now to today, and it’s nowhere as near egregious as the prior LO BS. Today’s issue was about one of the most basic concepts that govern our daily activities. Namely, who is the notary? Who is the ultimate authority as to what you actually do, and/or permit? It really was about a small thing. On the pre-entered Patriot Act form, the driver license number had a transposition of two digits. The simple fix would be to redo the document. But, that option was not available as the borrower copy was identical; and no blanks were available. I only mentioned it, while at my PC, because a license photocopy (only for return with the docs) had just arrived. When asked if I had the images, I mentioned the need for me to correct and initial the related document: Patriot Act ID form.

That started an email storm that numbered over two dozen! The Bank Officer was insistent that the borrower initial the change – “It’s the borrowers license number, ONLY the borrower has any right to alter what was printed”. What this notary-should-never-be failed to accept (after being told several times) is that I, and only I; am the one signing the form. It is my understanding that all signatories to a document initial any handwritten changes. Only them. It is MY statement as to the ID that I observed, and I am the only one signing the form.

As misunderstanding and not outright fraud was in play, the “signed letter” response seemed overkill. We reached a compromise; something I rarely do. But, in this case, I felt comfortable with being flexible. How about if the borrower initials after I initial? Fine, chirped the BO (sometimes an abbreviation can add a new and justified connotation); as long as I have the borrower initials I’m fine. So was I – because the “solution” came from me, based on my understanding of applicable notary law.

Yes, I know, when the borrower initialed the document, that, in itself, was a change to the document that only I signed. Thus, it “might” follow that I should initial after the borrower initials to “accept” the change (addition of borrower initials) to the document that only I signed. Sorry, I seem to have taken you from a bad smelling situation to one that is making both of us dizzy. Suffice to say that I did not re-initial. I had already initialed and it just seemed absurd to take that path. Back to the main message: you not they, must decide how things are to take place; with the highest objective being notary action legality. However the chips fall, the notary has the final/only say.

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