Notarize JUST the Name
We are all familiar with the two most common notary actions. The Jurat: “Sworn to and Subscribed…….”, and the Acknowledgement: “This instrument was Acknowledged before me…..”. I’m not going to cover the not so subtle differences between the two of them. What will be discussed is the expansion of the notary statement to include virtually anything.
I just shipped off an Edoc. I had to redact (no changes were made, no replacement text, just a thin line thru with my initials at the end of the line) some superfluous verbiage. Before I get into the details let me credit the source of “my” opinions. The office of the New York County Clerk has told me, quite strongly: “You notarize just the name as proven on the ID, nothing more”. What they are referring to are what I call “name attributes” and there are many. Not to be confused with name components (Jr. Sr. III, etc.) which were on the birth certificate. Name attributes, and there are many include: MD, PhD, DDS, etc.
Those name attributes are rarely a problem and they are usually not added to the name in the notary section. What is a problem are what I will call “name descriptors”, and they are becoming a growing problem. A Jurat in the edoc included “a resident of
The same package included, after the name, the phrase “a capable person”. Capable of what? Such a phrase could keep lawyers in discussion forever. This particular bit of foolishness was on the AKA statement. Of course no discussion of name descriptors would be complete with mention of the classic and most common one: the marital status. Before me appeared Suzy Snowflake, a single woman. Says who? Suzy of course. So why is it in MY statement? If Ms Snowflake wishes to make a statement that she is not married, I would be happy to notarize it. But, I certainly will not include her marital status in my statement.
Even if I were to be absolutely sure of her marital status it is improper for me to include it in my statement. But, one cannot prove their marital status – it’s impossible; think about it. The problem stems from some shoddy computer programming taking the “vesting name” from the mortgage (where marital status makes sense) and propagating it into other areas.
I have discussed the issue of name descriptors many times with foggy headed drones who feel that because it is preprinted I must live with it. Not so. The notary section IS the statement of the Notary Public and IS subject to change and or deletion. My licensing officials don’t allow it, and I am certainly not able to state someone is capable, married or where they reside. Sometimes it’s a tough judgment call. If the descriptor is “of legal age” I would have to know exactly where that phrase is applied. If they are under 21, it “might” matter in some states; and could also be document specific.
We want to process the document with little conflict, as raising “issues” often sours the client. To me it’s better to lose a client than receive a summons; and become a party to litigation. As a public official my words have, “authority”; and with that comes responsibility for accuracy.
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Two notaries assigned the same job?
Two notaries assigned the same job?
There I was, a California notary public in Tustin, CA. I had driven down from Los Angeles to sign a loan for a nice couple in Orange County, California. We were signing away, when lo and behold: The notary showed up. He asked, “Who are you?”. I then proclaimed, “I am the notary”. Then, he said, “That’s impossible, I’m the notary!”. “No you’re not!”. “Yes I am”. “Am NOT!”. “AM TOO!…” Okay, let’s be honest, the “am not am too” part never happened. I’m embelleshing this signing agent dialogue. The couple was just staring in confusion. The wife was displaying the exact same mannerisms as a cat watching a dangling string. He head rotated to the left and looked at me, then head rotated to the right and looked at the other notary, then back at me, and back at him…. Hmmm. What is going on?
The Signing company hired two notaries?
How could they! After all of my hard work, they would have the gaul to… Oh… wait a minute, let me call them and straighten the whole thing out.
Ring Ring…..
Me – Hello, may I speak to Mary please, this is Jeremy your California notary for the Anderson Signing in Tustin.
Mary – Hi, this is Mary!
Me – Hi, Mary, it seems that you hired two notaries for the same job.
Mary – What? We would never do that
Me – Odd, because as we speak, there is another notary here. Or, should I say, “A Notarial Triangle”
Mary – Hmmm… Let me call the Title company.
………… ten minutes later
Mary – I found out what happened
Me – Please do tell?
Mary – The title company hired two signing companies to handle this California notary job, and the OTHER signing company sent that OTHER California notary out.
Me – Mmmm. So, which signing company was SUPPOSED to be responsible for the job.
Mary – We are. The title company cancelled with the other signing company, but apparantly, they didn’t cancel with the notary.
Me – Oh, no they didn’t!!!
Mary – Oh, yes they did.
Me – This has never happened in my career to date. And I hope it never happens again. Just make sure that I’m the one who gets paid, although the other one should get a travel fee, don’t you agree?
Mary – Thats between him and the OTHER signing company.
Me – I KNEW there had to be another signing company. I could just tell from the way he was looking at me.
So, jokes aside, the other notary left, we finished the signing. Into the UPS box it went, and off I went on my merry way out of what we affectionally call, “The OC”, and back up the 5 Freeway, or is it the 405 — its been so long I can’t even remember, through Anaheim, Downey, Commerce, and back to Los Angeles where I logged in my transaction and faxed a bill to the signing company.
The End!
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