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January 9, 2018

A customer in California wanted a Hawaii stamp?

Filed under: Carmen Towles — admin @ 10:51 am

I get a call from a customer asking if we had any notaries in California that have a notary stamp for Hawaii. I am pretty sure what he means but for clarity, I ask him to explain exactly what he needs. He goes on to tell me that he is in Los Angeles but needs to get a document that he received from Hawaii notarized. I tell him no problem, just take his current government issued ID and the document to any notary and they will be able to notarize it.In California it would be 15.00. He tells me that he must have a Hawaii notary here with a stamp because the document came from there, has Hawaiian notary wording and he has no intention of traveling to Hawaii to get it done. I tell him he is mistaken and that If the document has Hawaii notarial wording and it is an acknowledgement the notary can use the wording on the document but must correct the venue. (Venue meaning the place where the notary and signer are standing, and in his case County Los Angeles, State of California). I go on to tell him that If making corrections is not possible (notary will make this determination) then they would attach a California compliant notarial certificate. I tell him that when a notary notarizes a document correctly it is accepted in any state that it is presented. However, he is not convinced with the accuracy of my information. He insists that he has to have a Hawaiian notary that is in California, I go on to explain to him even if he found a dual commission notary in California with a Hawaii notary commission and seal they would not be able to use it in California. The seal/stamp must only be used in the state that issued it, period! I referred him to the Secretary of State in both California and Hawaii for clarification. He was gracious and thanked me for all the information. But i could tell he still wasn’t sold. lol. I just love it when folks want to tell me what we can and cannot do!

Now this is not the first time I have had this situation come up. Typically, it is the attorneys who are the very worst and they more often than not don’t know the law but always think they do. They also actually believe that if you have a dual commission you can use your notary seals/stamps no matter where you are standing. Wrong!

Remember notaries you need to know your rules for your state! I call them “the rules of engagement’. Not knowing could land you in a world of trouble.

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1 Comment »

  1. One has to be careful when changing the venue, there can be unpredictable side effects. I was notarizing a deed for a client. The preprinted values were for some (forgotten by me) county in Montana. Naturally the state given was Montana too.

    I neatly redacted both State and County; drawing a thin line thru both values. I added my KAE initials to the end of each line and followed the prior entries with New York in both cases. Manhattan is the borough name, for notary work the county name is used: New York.

    My client looked at the completed work with abject horror!

    “Young man, you change those entries back the way they were; how dare you move my house to New York! I demand you return my house to Montana!”

    It took me a few moments to understand what was being said.

    Then I assured my client that the property remained in Montana, but as the paper was signed in New York it had to be stated so on the document.

    I had to promise that the house was not moved to New York or client would not pay my fee!

    Comment by Kenneth Edelstein — January 9, 2018 @ 3:40 pm

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