… Are we both on the same page here?
Staple it please…
I was reading a discussion on one of the notary forums. They were talking about whether or not you can notarize loose certificates as a notary. The answer is that a notary certificate needs to be either embedded in a document (meaning that the wording is typed in a document below the body of the document,) or attached to the document with a staple.
What is a certificate?
Just to clarify, a notary certificate is a piece of paper with notarial wording on it. It might be an Acknowledgment Certificate or a Jurat. There are other types too such as Copy Certification by Document Custodian in California and other particular states. These certificates are commonly referred to as Jurats, although they are technically not necessarily Jurats as most of them are Acknowledgments.
What can happen if you don’t?
A loose certificate can easily be attached to a different document by accident or on purpose. Imagine that you notarize a Power of Attorney for someone who had several powers of attorney notaries. The wrong certificate could be added to a different Power of Attorney. In a more serious case, they might be attached to a document signed by a completely different person. Such a mistake can be easily caught, but imagine the trouble that might ensue if nobody saw the mistake!
Additional notes & thumbprints are prudent
Just to be on the safe side, it is prudent to put additional information in the certificate such as how many pages the document has, the document name and document date (if any; and which might differ from the signature date,) the capacity of the signer (not allowed to be verified by the notary in particular states,) and more! Some certificate forms even allow a designated spot for a thumbprint which I always used for international documents just to keep people out of trouble — and the foreign government workers told my clients that they appreciated the extra effort!
“…. see attached”
Illegal requests
Many companies in the loan signing business will be in a hurry to get a new “Jurat” for a notarized document if the seal was smudgy, or if they needed to have a new version of the document drafted and signed. They will commonly ask you to mail it to them which is completely illegal. You will be pressured to do so or the loan might not fund. Don’t cave into the pressure. It is your job to uphold the law no matter what horrible consequences come to your clients. Ask for the original document back, and then staple the new certificate form to the document and send it back after destroying the original certificate form. There is nothing illegal about doing a second certificate for a legitimately notarized document providing that the initial one isn’t left hanging around! Additionally, you might inform these Title company workers that their request was illegal and if they make any other illegal requests, you will report them to their state’s secretary of state! Maybe better wait until the second offense so you don’t lose the client. But, if you tolerate illegal requests, you will be encouraging the perpetrators to do it to other unsuspecting notaries who might cave in and get themselves in hot water with the state! (gulp)
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You might also like:
10 tight points on loose certificates
http://blog.123notary.com/?p=15449
Sending loose certificates is illegal!
http://blog.123notary.com/?p=2470
Signing agent best practices: 63 points
http://blog.123notary.com/?p=4315
Notary certificates, notary wording & notary verbiage
http://blog.123notary.com/?p=1834
Can a notary notarize a birth certificate?
Can a notary notarize a copy of a birth certificate?
Notaries are advised to stay away from notarizing copies of vital records including birth certificates, marriage certificates, and death certificates. The state and/or county clerks are in charge of vital records. Just politely decline when asked to notarize a signature on a birth certificate. These types of vital records must be certified by the county clerk in the corresponding county.
No place to sign!
Additionally, there is no place for a signer to sign on a birth certificate, so how can you notarize a document without a signature? Conceivably, you could draw up an Affidavit that claims that the copy is a true and complete copy of the original birth certificate. The signer could sign that affidavit, and you could notarize the signature on the affidavit and give them a quick oath. But, this is not legal in many states in conjunction with a birth certificate.
What should a notary do?
As a notary, you should know the name of the document that is to be notarized BEFORE you get in your car. Imagine driving 45 minutes in traffic only to find out that you are going to be asked to notarize a birth certificate. Have fun getting your travel fee in that case when you tell the client, “no can do”.
Fetal Death Certificates?
I never knew this existed until I read someone’s reply to a forum post about notarizing (or not notarizing) birth certificates. I never knew there was such thing as a fetal death certificate. How can you give a certificate to someone who has not yet been named? Do souls have an SKU number? Was the fetus mature enough to have been infused with a soul yet? When you study spirituality, you start asking questions like this! On a brighter note, the fetus will be reincarnated, and won’t suffer much according to a colleague who specializes in past life regression!
Refer them to an Attorney
When asked to do questionable or illegal acts, just refer your client to an Attorney so that they can get a professional answer.
You might also like:
Can I notarize a birth certificate – forum discussion http://www.123notary.com/forum/topic.asp?TOPIC_ID=3924
How to get something notarized that doesn’t have a signature
http://blog.123notary.com/?p=4695
The chicken & egg: Birth Certificate problem solved
http://blog.123notary.com/?p=3474