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November 8, 2024

Notarizing Documents with Multiple Signatures

Filed under: Best Practices — Tags: — Tom Wilkins @ 12:00 am

Notarizing documents with multiple signatures requires careful handling to ensure accuracy and compliance. Whether you’re a homeowner managing real estate paperwork or a business owner overseeing contracts, notarizing documents correctly is essential to avoid legal issues. This article covers the best practices for notarizing documents with multiple signatures correctly, helping you achieve a smooth, error-free process for all parties involved.

Know Your Document and Its Requirements

  1. Confirm Each Signer’s Intent

Each signer should understand the document’s purpose and agree to sign willingly. In documents with multiple signatures, notaries must confirm each individual’s intent to sign, ensuring there are no misunderstandings. This verification step safeguards against future disputes, establishing that all parties know their role in the agreement.

  1. Verify Identification for Each Signer

Proper identification is vital for each signer. As a best practice for notarizing documents with multiple signatures correctly, each signer’s identity should be verified with a valid, government-issued ID, such as a driver’s license or passport. Recording this information in your notarial journal provides an additional layer of security and documentation.

Organize the Signing Process

  1. Schedule a Group Signing, if Possible

If all signers can attend the appointment together, the process is often smoother, and any questions can be addressed directly. However, if this is not feasible, each signer must appear individually before the notary, with each signing logged as a separate entry.

  1. Ensure Documents Are Complete

Before signatures are added, review the document to make sure there are no blank spaces where information could be added later. Signers should initial any changes during the session to prevent alterations after notarization, ensuring the document remains accurate and reliable.

Document Each Signature Separately

  1. Maintain a Detailed Notary Journal

A well-kept notary journal is essential for multi-signature documents. Each signature should be documented separately with details like the signer’s name, the type of document, the date, and any identification details. This practice provides a comprehensive record, offering protection in case of disputes and showcasing high professionalism.

  1. Optional: Keep Copies of Signed Pages

Though optional, making copies of signed pages before returning the document can be beneficial for record-keeping, mainly if questions arise later. Always request permission before making copies, as some documents contain sensitive information.

Address Special Situations

  1. Multiple Notarizations for Different Sections

Some multi-signature documents, such as affidavits in real estate agreements, may require separate notarizations for different sections. Confirm the document’s notarization requirements in advance to ensure all necessary sections are handled appropriately.

  1. Remote and International Signers

If any signers are out-of-state or international, understand your jurisdiction’s guidelines for remote notarization or any special requirements for foreign signers. Verifying these steps prevents delays and ensures compliance with all necessary protocols.

Prioritize Accuracy in Multi-Signature Notarizations

Handling documents with multiple signatures requires a structured approach. By verifying each signer, managing the signing process efficiently, and keeping thorough records, notaries can follow best practices for notarizing documents with multiple signatures correctly, ensuring a reliable and legally compliant result. For more professional tips, check out our article on the notary dress code to make a great impression at every appointment.

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September 6, 2024

How to Notarize Documents Lacking Signature Lines

Filed under: (2) Technical and Legal — Tags: — Tom Wilkins @ 7:24 pm

In legal documents, a clear signature line is often essential. However, there are times when you might encounter a document that lacks this crucial element. As a homeowner or business owner, knowing how to notarize documents without a signature line for validity is key to ensuring your agreements remain legally binding and recognized. This guide will walk you through the necessary steps to confidently handle these situations.

Understanding the Role of Signature Lines

Signature lines are the designated area for parties to indicate their agreement and consent. In legal documents, this is critical for establishing authenticity. However, certain documents—especially informal agreements or older forms—may lack a pre-printed signature line. When this happens, it is important to know how to notarize the document properly to maintain its validity.

Steps to Notarize Documents Without a Signature Line

1. Review the Document Carefully

Before notarizing, thoroughly review the document. Look for any area that might logically serve as a place for a signature, even if it’s not explicitly marked. Pay attention to the content to ensure no missing elements could impact its validity.

2. Choose the Appropriate Signature Placement

When a document lacks a signature line, consult with the signer to determine the most appropriate place for their signature. Typically, this should be at the end of the document, near the concluding statements, or immediately after the final paragraph. The key is placing the signature where it logically fits the document’s content and intent.

3. Attach a Notarial Certificate

Add a notarial certificate to the document to ensure the notarization’s validity. This certificate will identify the document, the date of notarization, and the parties involved. It should also confirm that the signer appeared before you and acknowledged the document’s contents. A notarial certificate is essential for validating a notarized document without a pre-existing signature line.

Types of Notarial CertificatesAcknowledgment Certificate

An acknowledgment certificate is commonly used when the signer acknowledges they signed the document willingly. In the absence of a signature line, this certificate is especially useful. It confirms that the signer appeared before the notary and affirmed the signature on the document is their own.

Jurat Certificate

A jurat certificate is typically used when the signer swears to or affirms the truthfulness of the document’s contents under oath. When notarizing a document without a signature line, you can attach a jurat to confirm the signer personally appeared before you and signed the document in your presence. This is often required for affidavits or sworn statements.

Adhering to State Notary Laws

Laws regarding notarization can differ from state to state, so it’s crucial to comply with your local regulations. Some states may have specific requirements for notarizing documents without signature lines, such as mandatory wording or special notarial certificates. Check your state’s notary laws to avoid any potential legal complications.

Clear Communication with the Signer

Clear communication is vital when dealing with documents that lack signature lines. Explain the process to the signer, including where they should sign and the role of the notarial certificate. This builds trust and ensures the signer understands how the notarization process works for their document.

Ensuring Validity in Unconventional Situations

Notarizing documents without a signature line may seem challenging, but following the correct steps ensures their legal validity. By understanding how to notarize documents without a signature line for validity, you can provide accurate, reliable services to homeowners and business owners. Always stay informed about state laws, use the appropriate notarial certificates, and communicate clearly with your clients to ensure smooth transactions. With the right approach, you’ll maintain high-quality service while handling any notarization challenge. To further grow your business, explore strategies to create more demand for my notary business.

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April 30, 2021

Jeremy’s guide to different types of signatures

Filed under: Technical & Legal — admin @ 10:09 am

In my career I saw a bunch of odd signatures. Most of what I saw was normal though. Here are the types of signatures I saw.

1. Regular looking signatures
Some had a middle initial or name(s), some did not.

2. Odd scribbles

3. Scribbles that were as tall as they were wide — reminds me of Arabic calligraphy. My comment was, “What IS this?”

4. Hieroglyphics
I once went to an Egyptian restaurant. The menu was in English, but I’ll give you a hint as to what language the inflated bill was written in.

5. Chinese characters
The signature on the ID matched the ID although his English name did not match the characters. I think I am at an advantage as I can recognize Chinese characters, but not all of them. Anyway, the signer was one hell of a character himself speaking of characters.

6. The Israeli Job
Remember that action movie, “The Italian Job.” I did an Israeli job. This guy was in the film business and his signature was a horizontal line that turned into a check mark and then a weird dot above the end of it. How bizarre. He insisted that he signed million dollar deals with that signature. If I knew any Hebrew I would say, “Ma-Zei?” (what is this?)

7. The childish signature
Some people write out their signature in very clear letters like children do. I have seen old folks do this too. Very bizarre and illiterate looking. But, then the new generation doesn’t know cursive anymore so I’ve heard.

8. The X
Incapacitated people and illiterates sometimes sign with an X. They need subscribing witnesses to help with that procedure and you better study up before you try it.

9. A thumbprint
I have never heard of this. But, I heard that a Notary in Florida accepted a thumbprint as a signature during a signature by mark signing. Not sure if that is legal there, but I heard they did it.

10. The artwork signature
Other signatures look like some sort of artwork you would see in embroidery. This is unusual, but if it happens it will most likely be a woman’s signature.

11. The bubbly dots on the i’s.
Teenage girls and young women sometimes do this. This is how I caught someone who forged my signature. It only happened once, but the bubbly i’s gave it away. This woman didn’t cross her i’s and dot her t’s, she bubbled her i’s and forged her t’s.

12. The large initials
I am not sure how legal that is, but if it matches the ID, I guess that works

13. The 1800’s wax seal
In the old days they would use a personal stamp and candle wax to make their seal. I’m not sure if they would sign it as well. Wax can fall off a lot easier than a signature. Those were the days.

14. The Arabic signature
He signed the wrong direction, but in their culture, right to left is the right direction.

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May 4, 2020

Notary in Texas gives permission for someone to forge her signature?

Filed under: Technical & Legal — admin @ 9:38 am

I am reading an interesting article that states that an eNotary in Texas offered permission for another individual to forge her signature on an electronically filed Affidavit in Support of Defendant’s Motion for New Trial document. An email was the proof that the notary authorized permission to conduct this act of fraud. I wonder if there was an eJournal entry as evidence in this case too. Read the entire story below.

https://www.lmtonline.com/local/crime/article/Court-records-shed-light-on-Texas-Rangers-raid-15107655.php

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April 30, 2020

Does a signature need a signature line?

Filed under: Technical & Legal — admin @ 9:35 am

Does a signature require a signature line? Does a car need a road? Does a taco need a plate (or banana leaf?)

This question opens up a can of worms, especially since many signatures resemble worms. A signature does not require a signature line. But, it is customary to have a signature line that you sign upon. Many Notaries might be tempted to draw in a line in their own handwriting if there is no signature line on a document that needs to be notarized. Is this practicing law to alter a legal document? Or is the alteration such that it does not compromise the content or character of the document in any meaningful way? These are questions for an Attorney and I cannot answer them myself.

I have seen a particular document show up in many loan packages. It says, “This form must be notarized.” However, there is never any notary wording, or a signature line on the document. So, I would add an Acknowledgment form and have the person sign the document. If the borrower wanted to draw a signature line that is better – that way they are doing the tampering and not you.

A document that lacks a signature line is definitely unprofessional and not well thought out. But, technically, a document doesn’t require a signature line, strange or “misaligned” as that might sound.

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December 25, 2019

An alleged Notary forges a signature in Hawaii

An alleged Notary forged Puana’s name. Puana, a Hawaii resident and Notary, as relative of the victem named Kealoha was investigated by forensic experts to determine who signed the name. An alleged Alison Lee Wong was determined to have forged the signature, however, it was later found that there is no such person.

A person named Kealoha who was a former deputy prosecutor stated that her mailbox had been stolen, and that was the damage of this forgery case according to the news article that I am linking to below.

https://www.hawaiitribune-herald.com/2019/06/08/hawaii-news/kealoha-corruption-trial-focuses-on-alleged-fake-notary/

This is a very odd and convoluted story. I hope you enjoy the link and can figure this one out! Aloha!

You might also like:

A forged notary seal ends someone with a prison sentence
http://blog.123notary.com/?p=21355

I was forged (Ken’s experience)
http://blog.123notary.com/?p=13659

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August 17, 2019

The Signature Name Affidavit: what is it and its purpose…

I am posed with questions concerning this document quite often. So let me tell what it is and what it isn’t. For those of you that are unfamiliar; this document is one of the documents found in 95% of all of loan packages.

The signature name affidavit represent names that have appeared on an individuals credit report(s). When a person applies for a loan, the lender runs a persons credit using all 3 of the credit bureaus (Experian, TransUnion and Equifax). These reports will usually include all of the names an individual has used in their lifetime; examples would be; marriages, maiden and name given at birth. The signers are required by the lender to sign the form and the form typically needs to be notarized.

At other times there will be clerical errors consisting of misspelled names and occasionally where the names are quite different. Sometimes in the case of the latter the signers will have an objection to signing the form and one can hardly blame them. So, if the signers have an objection to signing a name that is not their own, I have them strike it and initial. To date that has been acceptable and I haven’t had a document returned because of this action. (I suggest however, that you always bring this to the attention the company (or person) that hired you while-at the signing table if it is an issue. Never take matters into your own hands. ALWAYS ask).

There will be other times when the ID doesn’t match the documents exactly; say for example, a middle name is missing or the maiden was used previously and now they are married but they have no ID with these variations, you may be asked to add this name variation to the signature name affidavit in lieu of having ID. This is a big NO.NO. We must have current government issued picture ID. (or credible witnesses if they are allowed in your state). You CANNOT add names to the signature name affidavit that you DON’T have ID for. This is fraud and you will be on BIG trouble, if it ever comes up in an investigation or court case. I hear notary excuses; “But Carmen, they swore to me that that was their name.” Not good enough. Just imagine how this would appear to law enforcement or a judge. You must protect yourself and the signer. If you unfortunately find yourself in this situation always ask the signers if they have other acceptable ID that has all their names on it or use credible witness if allowed.

Now, I have actually added names to the signature name affidavit that I had ID for, but that is another blog story. 🙂

Until next time, be safe!

You might also like:

What constitutes a signature?
http://blog.123notary.com/?p=22173

The Signature Name Affidavit
http://blog.123notary.com/?p=16298

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May 30, 2019

What defines what a signature is?

Filed under: Technical & Legal — Tags: — admin @ 10:44 am

I never stopped to think about this until today. What defines a signature? A signature is a type of a mark that is systemically used by a particular individual to identify themselves by name on a document. It is normally a cursive version of their name (do they still teach cursive to the youngins these days?) Some people might print their name in a unique way. Some disabled people might do a signature by x with some subscribing witness. Someone signed using Chinese characters with me as their Notary. And then there are the doctor scribble type signatures too. All of these are acceptable as signatures.

But, how do you know this is their genuine mark? Just check their drivers license and make sure the signature matches up. Sometimes signatures evolve as a person gets older. But the basic stroke style should be about the same. If it doesn’t match up, then you might be at risk notarizing that signature. The signature in Chinese characters I was a little apprehensive or as the Chinese say, “Zhao-ji” about, but I checked the ID and it matched.

In the old days in America, the upper class used to seal deals actually using seals, which is where the expression seems to have come from. They used candle was and a stamp of some sort to seal their business deals on pieces of paper. I saw that in a movie when someone sold a slave.

And in China some people use a square and very intricate seal with four characters on it sometimes written in their antiquated form. They are very beautiful and you can look them up online under the term, “traditional Chinese seal” and then look up images. They could be made from marble or wood, or many types of materials I guess.

But, once I notarized a movie producer from Israel. His signature was some sort of a line with a hook and a dot. He claims he signed million dollar deals with that signature. The only thing I had to say to him was, “You call that a signature?”

You might also like:

Can you notarize a signature in Chinese characters?
http://blog.123notary.com/?p=18784

The signature name affidavit — what is its purpose?
http://blog.123notary.com/?p=22541

Bikers on boats — Notaries heisting signatures
http://blog.123notary.com/?p=21160

What if the signature or notarization is in the middle of the document?
http://blog.123notary.com/?p=20525

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October 16, 2018

A guide to notarizing documents with blanks or multiple signatures

Filed under: Technical & Legal — admin @ 1:04 am

Don’t notarize documents with blanks!!!
That’s the end to the guide!

Dealing with Blanks
However, the main thing to understand is that as a Notary, you have many responsibilities. You have to identify people, keep a journal, staple things together, give Oaths, fill out certificates. You are so busy, that you might not have time to scan a document for blanks. But, you need to scan every single page.

If you spot a blank, you can put a diagonal or horizontal line through it. The main thing is to make sure that no new information is added to the document after the notarization.

You can also refuse to notarize and make the signer or document custodian complete the document before submitting it to the Notary.

Notarizing Individual Pages (or not)
Additionally you cannot notarize particular pages of a document separate from the document. Sometimes a particular page needs to be fixed or changed in a document and you might get a request to notarize just that page. You simply notarize the entire document as a whole.

Multiple Signatures
However, sometimes you get a document such as a health directive which has multiple notarizations within a very long document. I have seen health directives or living wills with fifty or more pages. Sometimes at a notarization you are notarizing signatures in the middle of the document as well as at the end of the document when the certificate is at the end of the document. I have also seen cases where there are multiple signatures in the middle of a document and a certificate in the middle of the document. This is confusing. Affidavit of Support forms have Jurats in the middle of the form too, and not enough room for your stamp (dumb government workers.)

The 1003 is a great example of a document with an entire page intentionally left blank. But, that is a signed document, not a notarized document.

The main point of this quick article is to remind you that you have to scan documents for blanks.

You might also like:

Cross out and initial, or use a fresh form?
http://blog.123notary.com/?p=19933

Affirmations – pleasing the politically correct while offending all others
http://blog.123notary.com/?p=19606

Five things a Notary must do
http://blog.123notary.com/?p=19583

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August 3, 2018

Notary Public 101 — Scenarios: How do you notarize a document with no signature line?

If you have been instructed to notarize a document that doesn’t have a signature line, that is a cross between a quandary and a conundrum.

You cannot notarize a document without a signature. Notaries notarize signatures on documents, not documents, and especially not documents without signatures. And you cannot have a signature without a signature line. But, it could be construed as UPL for a Notary to add a signature line to a document. So, now your ability to get the job done is really on the line — which unfortunately doesn’t exist in this case, until someone writes one in.

So, what do you do to get the document notarized? If the signer draws a signature line, then they are the one engaging in UPL, not you, especially if you do not advise them to do so. The bottom line (no pun intended), which is the signature line, is that without a signature, there can be no Acknowledgment or Jurat on a particular document. An Oath or Affirmation are the only Notary Acts you can do without a signature.

So, once a signature line has been added, the affiant can sign, and then you can notarize the signature on the document.

But, what if you have a signature without a document — that is an entirely different question.

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