You searched for tampering - Notary Blog - Signing Tips, Marketing Tips, General Notary Advice - 123notary.com
123Notary

Notary Blog – Signing Tips, Marketing Tips, General Notary Advice – 123notary.com Control Panel

September 20, 2024

Notary Misconduct Penalties: What You Need to Know

Filed under: Comprehensive Guides — Tags: , — Tom Wilkins @ 12:00 am

When handling essential documents, homeowners and business owners often rely on notaries to verify signatures and ensure the legality of documents. However, notaries must adhere to strict standards. Understanding notary misconduct and penalties for legal non-compliance is essential to avoid legal complications. This blog will outline the types of notary misconduct and the associated penalties, helping you stay informed and safeguard your transactions.

Types of Notary Misconduct

1. Fraudulent Actions

Fraudulent behavior includes falsifying signatures, tampering with documents, or notarizing documents known to be false. Such severe offenses can result in significant penalties, including criminal charges and financial restitution.

2. Failure to Verify Identity

A notary’s core responsibility is verifying the identity of signers. Not verifying identity properly can invalidate documents and lead to legal disputes. Penalties for this misconduct include fines and potential suspension or revocation of the notary’s commission.

3. Notarizing Without Presence

Notaries must witness the actual signing of documents. Notarizing without the signer’s presence is a major violation, and it can result in legal action and loss of notary privileges.

4. Improper Record-Keeping

Notaries are required to maintain accurate records of their notarizations. Failure to keep complete or precise records can lead to fines or disciplinary action from regulatory bodies, including suspension or revocation of the notary’s commission.

Penalties for Notary Misconduct

1. Fines and Financial Penalties

Fines are a common consequence of notary misconduct. The amount varies depending on the severity of the misconduct and state regulations. These fines can be substantial and may cover both direct harm caused and administrative costs.

2. Suspension or Revocation of Commission

Notaries found guilty of misconduct may face suspension, a temporary measure, or revocation of their commission, which is permanent. Both actions can significantly impact a notary’s career and reputation, affecting their ability to perform notarizations.

3. Legal Action

Misconduct can also result in legal action, including civil lawsuits or criminal charges. Legal repercussions might include restitution, additional fines, or even imprisonment, depending on the nature of the misconduct.

4. Professional Disciplinary Actions

Professional organizations or licensing boards may impose disciplinary actions such as censure or probation. These actions can restrict the notary’s professional activities and tarnish their reputation within the industry.

Protecting Yourself from Notary Misconduct

1. Verify Notary Credentials

Before engaging a notary, verify their credentials through state or local regulatory agencies. This ensures they are appropriately licensed and in good standing.

2. Request Detailed Records

Ask for a copy of the notary’s journal entry and other detailed records of the notarization process. This will provide transparency and help address potential disputes.

3. Understand Your Rights

Being informed about a notary’s duties and your rights as a signer helps you spot and address misconduct if it occurs. Knowing what to expect can prevent issues before they arise.

4. Report Misconduct

If you suspect a notary has committed misconduct, report it to the appropriate regulatory authority. Early reporting can help mitigate further issues and protect others from similar problems.

Stay Informed and Proactive

Understanding notary misconduct and penalties for legal non-compliance is crucial for homeowners and business owners to protect themselves. You can ensure your documents are handled legally and effectively by staying informed and taking proactive steps. For more details on proper notarization procedures, visit the notarization date. Being proactive helps safeguard your legal and financial interests.

Share
>

July 8, 2024

AI-Powered Tools Transforming Notary Work

Filed under: Uncategorized — Tags: , — Tom Wilkins @ 4:12 pm

In today’s fast-paced world, notary work is transforming thanks to advancements in artificial intelligence. From reducing administrative burdens to enhancing accuracy, AI-powered tools make notary tasks more accessible and efficient. Discover the different AI tools for notaries and how these innovative technologies can simplify your processes, save time, and ensure accuracy.

What Are AI Tools for Notaries?

AI tools for notaries are software applications that use artificial intelligence to perform tasks traditionally done by notaries. These tools can handle everything from document verification to digital signatures, making the notary process faster and more accurate. By automating routine tasks, AI tools allow notaries to focus on more complex aspects of their work.

Discovering AI Tools for Notaries

AI tools are revolutionizing notary services, enhancing security, efficiency, and accessibility for homeowners and business owners.

AI-Powered Document Verification

AI-powered tools excel at verifying document authenticity, utilizing machine learning to detect tampering and ensure document genuineness. This not only secures but also accelerates the verification process.

Digital Signatures and E-Notary Services

Physical presence for signing documents is becoming obsolete. AI-powered digital signature tools enable e-notary services, allowing remote document signing with advanced encryption to ensure secure and legally binding signatures. This offers unparalleled convenience and flexibility.

Automated Compliance Checks

Compliance is critical in notarization. AI tools automate compliance checks, swiftly identifying discrepancies and ensuring adherence to legal standards, thereby minimizing non-compliance risks.

Natural Language Processing for Document Drafting

AI also aids in document drafting through natural language processing (NLP), which helps notaries produce clear, legally precise documents. This is particularly beneficial for clients unfamiliar with legal jargon.

AI in Video Conferencing for Remote Notarizations

AI-enhanced video conferencing is essential for remote notarizations, providing identity verification, real-time document sharing, and ensuring secure and compliant processes.

AI Tools for Record Keeping and Storage

AI tools simplify record keeping by automating the organization and secure digital storage of documents, eliminating the need for extensive physical storage and ensuring easy access to records.

Enhancing Customer Experience

AI improves customer service by handling routine inquiries and scheduling through chatbots and virtual assistants, allowing notaries to focus on complex tasks.

Cost Savings and System Integration

Implementing AI in notary services reduces operational costs by automating tasks and minimizing errors, leading to more affordable services. AI tools seamlessly integrate with existing systems, enhancing capabilities without extensive overhauls.

Security and Privacy

Security and privacy are paramount. AI tools protect sensitive information with robust encryption and security protocols, ensuring confidentiality and security.

Staying Ahead with AI

As the notary industry evolves, AI tools enable notaries to meet increasing demands efficiently and reliably. Investing in AI is crucial for notaries aiming to future-proof their services, ensuring they stay ahead in a rapidly changing landscape.

Explore the Power of AI Tools for Notaries

AI-powered tools are transforming the notary industry, offering numerous benefits for homeowners and business owners. Adopting AI tools for notaries allows you to streamline your processes and stay ahead in a rapidly changing landscape. To learn more about the potential of AI in notary work, explore the different social media tips for notaries and start leveraging these innovative technologies today.

Share
>

June 16, 2023

Conquering Challenges Encountered by Notaries

Filed under: Notary Public 101 — Tags: — Tom Wilkins @ 12:00 am

As a notary, do you feel overwhelmed with the sheer number of challenges and obstacles that stand in your way? Do you ever get discouraged when it seems like every day brings new problems to solve? It’s hard for business owners to keep up with the demands of making things run smoothly. Still, luckily there are several top issues affecting notaries that can be proactively addressed. In this blog post, we’ll discuss the key steps you should take to get past the most frequent problems notaries see and create solutions that will benefit you personally and professionally.

Lack of Training

One of the biggest challenges facing notaries is the need for proper training. Many become notaries without fully comprehending the job prerequisites, which may result in mishandling particular situations or unintentional errors that could lead to legal issues. To resolve this, notaries must enroll in top-notch training programs encompassing all the job’s crucial aspects. These programs will assist notaries in comprehending their duties and how to navigate complex scenarios. Additionally, keeping up-to-date with any changes to laws or regulations that could impact the job is critical for notaries.

Document Fraud

As a notary, it is crucial to be aware of document fraud as it is a significant issue affecting the work. Fraudsters can manipulate documents or forge signatures for their advantage. To ensure the authenticity of the document being notarized and the identity of the signer at hand, we must be diligent in confirming their credentials and examining the document in detail. This includes asking for government-issued photo identification and carefully scrutinizing the document for any signs of tampering. Notaries must refuse to notarize the document and report it to the proper authorities if suspicions arise.

Quality of the Notaries

This profession is highly concerned about maintaining quality standards for notaries. Sadly, not all notaries adequately fulfill their responsibilities or follow established protocols. This, in turn, can lead to errors and legal complications, potentially damaging both the notary and their clientele. To address these shortcomings, it is vital that the industry demand heightened requirements and underscore the significance of the role. Notaries must ensure they maintain their professionalism and uprightness at all times. Additionally, joining professional organizations can furnish valuable backing and materials to support notaries’ work and encourage best practices.

Lack of Time

Notaries frequently encounter time limitations when notarizing documents, which can cause stress and mistakes for both the notary and the signer. To address this issue, notaries should prioritize scheduling appointments in advance to allow ample time to complete their work without feeling rushed. Additionally, notaries must have all essential materials and paperwork readily available to promote efficient work. Overcoming time constraints ensures the accuracy and professionalism needed in this critical role.

State-Specific Laws

Keeping track of state-specific laws and regulations is essential for notaries, as each state has its own set of rules. But staying up-to-date can be challenging, especially with ever-evolving changes. To overcome this daunting task, notaries can boost their knowledge by constantly being aware of the laws and regulations in their state. Joining a professional organization on the subject can also offer valuable resources and support.

Take Action, Shape A Future Where Notaries Thrive With Unwavering Integrity

Overcoming any challenge a notary may encounter can be daunting but achievable. It starts with having the right mindset and knowledge to tackle the issues head-on. Identifying the top issues affecting notaries is essential to prepare for all scenarios thoroughly. Fortunately, success and excellence in notarization are obtainable through dedication and resilience. Improving the quality of the notaries should always remain the top priority. Take the time and effort to read up on industry regulations, laws, and information consistently to ensure one’s capability as an E-Notary public remains current and up-to-date with ever-changing practices today.

Share
>

January 9, 2022

Which rules are laws, Lender practices, or best practices?

.

Notary Rules or Industry Rules?

It is confusing with all the standards in the Notary business. When 123notary teaches Notary practices, we are not teaching laws, but solid practices. Many Notaries argue with us about our practices because they are not required by law. That is the whole point — we are not teaching law because we are not authorized to, and because we don’t know it. We do know solid notary practices, and teach it as you can get into trouble for not knowing your basics. However, notaries have many misconceptions about the rules of the industry. So, let me clarify.

1. You can always over sign — industry practice (not a law)
Is this a Notary law, industry practice, or what? This statement means that you can sign a document with a name that is longer than the name typed in the signature line. However, that does not make it legal to notarize that longer name unless you can prove the name with an ID. Pleasing the Lender is one aspect of being a Notary. Obeying the law is a much more important one. If you displease the Lender you get fired. If you get in trouble with the law you can end up in jail. Pick your poison.

2. The name on the ID has to match
Please keep in mind that there are four names we have to keep track of:
(a) The name on the ID
(b) The name typed on the signature section of the document.
(c) The name signed on the document
(d) The name on the acknowledgment.

In theory these names could all be different variations, but it is cleaner if they are identical. The critical points are that:

(e) The name on the Acknowledgment must be identical or matching but shorter than the name on the signature line of the document. If the signature on the document says John W Smith, you can put John Smith or John W Smith in the Acknowledgment to please the law, but the shorter name might not please the client.
(f) The name on the Acknowledgment must be provable based on the name on the ID, but does not have to be an exact match. The ID could say John W Smith and you can put John Smith in the Acknowledgment if you like.
(g) The name signed on the document can be identical or matching but longer than the name typed on the document to please most Lenders, but legally notarizing the longer signature or shorter signature is dependent on proving all of the components of their name with an ID.

3. The Lender is the boss of the Notary Public (true for signings, but not for the actual notary work)
The Lender is your boss as to the general assignment, and what happens with loan documents. They are NOT your boss about Notary issues and you should not ask them for Notary advice ever as they might have you do something illegal out of ignorance or greed. You ask your state’s notary division if you have a Notary question and perhaps the NNA hotline and that’s it. The Notary can ask the Lender their preference in how something is notarized if there is more than one legal way to do it, but you can not ask a Lender how to do your job. You are the appointed Notary, not them. If they want to do it their way, they should come over with their stamp and do it their way which hopefully is legal — but, it is their commission at stake if it is not legal. Don’t risk your commission depending on the Lender or Title for Notary advice.

4. The Notary is the boss of the Lender?
The Notary is a state appointed official who represents their state, although the state is not the entity that pays them. If there is a discussion between the Lender and the Notary as to how a Notary act is done, the Notary dictates how it should be done. If there are multiple legal ways to do something such as fixing a mistake by crossing out and initialing vs. attaching a loose certificate — then, the Notary can ask for the Lender’s preference, but not for advice. However, there are liability issues with doing cross outs and initialing. It looks like tampering and you don’t want to end up in court. So, once again, it is the Notary’s discretion as to how problems are solved when there are multiple methods to solve. You can ask the Lender what they like or you can dictate to the Lender what you are going to do. But, the Notary is the boss of Notary work. If they don’t like it, they can find another Notary. It is best if you explain the reasons why you want to do something a particular way. If your reason sounds prudent, there is a chance you might get some respect for your decision. Most Notaries don’t think issues out carefully and do not have well thought out reasons for anything they do. Read our course more and become reasonable! Your commission might depend on it.

5. Send me a loose certificate or jurat in the mail (illegal)
Acknowledgment or Jurat certificates must be stapled to the documents they are associated with. If there is one floating around, you cannot create another one until you destroy the original yourself. Some states do not allow creating new certificates for botched notarizations and require you to do the notarization all over again. Consult your notary handbook on this issue, especially in California where there are many new rules created in the last few years that I have heard about but not actually read to my satisfaction.

.

You might also like:

The ID says John Smith
http://blog.123notary.com/?p=19953

What is the cleanest way to rectify an error on a certificate?
http://blog.123notary.com/?p=20018

13 ways you might get sued as a Notary
http://blog.123notary.com/?p=19614

5 books every notary should own (and read)
http://blog.123notary.com/?p=3668

Share
>

January 1, 2022

Who is the authority at a Notary Loan Signing?

Originally published several years ago.

Notary Public Authority

We often ask questions about authority to signing agents, and the results are horrifying. Most Notaries do not know who is in charge of what. So, this article will sum it up clearly.

Notary Public
A Notary Public is a state appointed state official who is paid by customers, but whose “boss” or authority is the state Notary division. Many Notaries Public seem to be confused as to who their boss is, the one paying them or the one commissioning them. The problem is further complicated by the fact that the ones paying them often pay them for more than just Notary services as travel, pick up, drop off, and supervision of non-notarized signatures and packages seem to be part of the deal if you are a Signing Agent.

The Notary is the sole authority regarding what goes in a Notary certificate such as an Acknowledgment, Jurat, etc., what goes in the journal, what is allowed or not allowed, and how a notarization should be done.

It is common that Notaries have questions during a loan signing and direct those questions to the Lender or Title representative. This is okay for Title or Lending questions, but not for Notary questions where the Notary may only turn for help to their state Notary division, official Notary handbook, or perhaps the NNA hotline.

Notaries should NOT ask the Lender for Notary advice because:
1. The Lender is probably not a Notary
2. If the Lender is a Notary they might be in a different state
3. If the Lender is a Notary and in the same state they might not be knowledgeable.
4. If the Lender is a Notary, in the same state, and knowledgeable, they might (are likely to) give you advice that would make the job go more smoothly for them, yet have tremendous liability for you.
5. You are the one appointed to the job, so even if the person you are asking for advice is a Notary, they are not the one whose commission number gets put on the certificate, and you are the one going to jail if something goes wrong. Therefor, you have to know your laws and what you can and cannot do, etc.

Who can initial and where?
Any initials on a Notary certificate are done exclusively by the Notary Public. It looks like tampering if the borrower or anyone else makes marks on a Notary certificate. The borrower may initial documents, but not the Notary certificate or Notary section in or attached to a notarized document

The Lender
The Lender is the “boss” of what happens with loan documents. If the Lender authorizes a change, initialing, cross outs, etc., on an actual loan document that is NOT in the notary section, that is up to them and they are the authority on that matter, not the Notary. The minute the issue becomes with a Notary certificate, then the authority swings over to the Notary (even if the Notary doesn’t have a clue what to do.)

The Title Officer
The appointed Title company might be a good source of information about how to handle any issues that might come up with Title documents or recorded documents. You can ask them if you have questions, but don’t let them answer Notary questions.

Issues of Preference can be asked to the Lender
Sometimes there is more than one legal way to handle a situation. If there is an error on a preprinted Acknowledgment, and your state allows a choice of crossing out & initialing vs. using a fresh Acknowledgment form, you have a choice. The Notary has the right to make that choice on his/her own and choose the option that he/she feels is more prudent or ask the Lender. However, this is a situation where the Notary can ask the Lender not for advice, but for preference. If the Lender would prefer a loose Acknowledgment stapled on to the document rather than crossing out & initialing the original form, the Notary can proceed accordingly.

The Borrower
The borrower has the right to sign, not sign, tell you where to park and more. Their preferences matter as well.

Your State
Your state Notary division decides what the laws are in your state, how they are explained or document in your official Notary handbook, etc. They are your boss, so you do whatever they say. Additionally, if you are weak on your Notary knowledge, that can lead to ending up in court as a witness, having your commission revoked, suspended or terminated. Additionally, it is possible to be convicted of a crime if you are thought to be involved in property related fraud, or if you filled out a form stating that an Oath was taken when in fact it was never taken which is a daily fraud that most Notaries engage in that is unacceptable.
.

You might also like:

Does 123notary have the authority to quiz people?
http://blog.123notary.com/?p=19469

Notary Public 101 Quiz Questions
http://blog.123notary.com/?p=19520

Do you keep a journal to please your state, a judge, the FBI or 123notary?
http://blog.123notary.com/?p=19483

13 ways to get sued as a Notary
http://blog.123notary.com/?p=19614

Share
>

May 2, 2021

What to do if your seal’s impression was not good

Filed under: Technical & Legal — admin @ 10:18 am

There are various ways and reasons why a seal’s impression might not be perfect. Please note that county recorders are sometimes very picky about a seal being perfect with no missing corners and not too light or dark, or God forbid smudgy.

If you over-ink your stamp it could get smudgy easily. And if you are running low on ink, your stamp might be too dry. So, find that happy medium inking your seal.

There are several ways to remedy a smudgy or bad seal impression.

1. Get a fresh certificate form and start over.
This is the cleanest. But, if your client wants the original document notarized on original paperwork and no stapled certificates, you can always… (see next option)

2. Re-affix your seal below or near the original seal. Make sure the seals do not overlap. I mentioned this to the seals basking at La Jolla Beach in San Diego — they were lounging on top of each other. I told them that is against Notary law. They said, “We’re not that kind of seals — ar ar ar…”

3. DO NOT try to fix or repair the original seal impression. It will look tampered with and that would constitute tampering. It would look very suspicious and odd.

4. Do a practice exercise on a spare piece of paper and shred it once you are done. That way you can make sure your seal is not too runny, and that your wrist has the right technique.

5. Print out a new document, shred the original, resign and re-stamp. That is yet another option.

So, now you know how to solve one of the earliest problems known to mankind. If you know which came first — the chicken or the egg, and how to fix a botched stamp, then grasshopper, you are ready to go out into the world.

Share
>

November 6, 2020

Notarizing Multi-Page Documents

Should a Notary notarize every page of a document? How can a Notary or signer safeguard themselves from someone swapping pages in a document after the notarization has taken place? You need answers! Here they are!

1. A Notary Public notarizes signatures on documents, not pages on documents. A particular page or pages might have notary certificates within a document. Or, a certificate could be stapled to the back of a document. Ideally that certificate should identify the corresponding document. If you have a ten page document, there will most likely only be one, and possibly two pages with notary wording.

2. A prudent Notary Public carries what is called an inkless embosser that leaves a raised seal impression. This is in ADDITION to having the legally required inked seal that is used with blank ink. The embosser can be used to emboss every single page in a notarized document. I did exactly that on everything I notarized even if there were 100 pages. I did this for safety reasons. I did not want people to get away with switching pages after the fact and dragging me into court as a result of someone else not liking the idea that a page was swapped.

3. If a signer swaps a page from a notarized document, and that page was embossed, they can still swap the page. However, it will not be legal, and it will be very obvious to the Notary Public if investigated that the new page was not part of the original notarization as the notary embosses all pages — if the notary indeed was the type of notary who embossed all pages — like me!

4. Some people initial all pages. Initialing is a type of precaution. But, initials can be forged easily, and it is sometimes not easy to tell if they were forged.

5. If a document had a page swapped, the staple and staple area in the pages might show evidence of tampering. The degree of evidence depends on how skillful the fraud was at swapping pages. Luckly in my career of 6000 Notary appointments I did not have this issue.

6. If you need to add a page to an already notarized document. What can you do? You have to notarize the entire document all over again. I had that happen. What a pain. The signer wasn’t happy. Sorry — just following the law!

.

You might also like:

Notarizing Multi-Page Documents 2011 edition
http://blog.123notary.com/?p=1706

Sending loose certificates is illegal
http://blog.123notary.com/?p=2470

Penalties for misconduct, fraud and failure of duty
http://blog.123notary.com/?p=21315

How often do Notaries end up in court?
http://blog.123notary.com/?p=19914

Share
>

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.

Share
>

April 2, 2018

Cross out and initial, or use a fresh form?

Filed under: Technical & Legal — admin @ 6:41 pm

Most Notaries like to cross-out and initial changes in certificates. Keep in mind that these are legal documents affecting million dollar properties. Cross-outs look like tampering. It is CLEANER to take a fresh acknowledgment form from your Notary bag, fill it out thoroughly including the additional information section with the name of the document, number of pages, etc., And then staple it on to the document. On the other hand, using a new form could change the recording fees for the loan which would affect the truthfulness of the information on the Closing Statement.

If there is a cross-out for a name on a certificate that is a quite serious legal issue. It could lead to complications should you ever go to court. It is your right to decide to use a fresh acknowledgment form and staple it on the document even if the Lender doesn’t want it that way. Lenders sometimes prefer to use the original form because it is inscribed within the document. But, also because a new form will be charged extra money from the county recorder. Lenders sometimes lose loose acknowledgment forms which is yet another reason many Lenders prefer to fix the original.

As a Notary, you may be faced with the unpleasant reality that the Lender may have already filled out your Acknowledgment form, and with wrong information. If the form says you are in Orange County when you are in Seminole, you cannot notarize that form as is. So, what do you do and what are the consequences?

I cannot tell you what your state laws allow or require, I can only tell you how to handle forms in a prudent way.

Fix the Existing Form
If you are going to fix the existing Acknowledgment, just cross-out the wrong information with a single line, write in the correct county, and the Notary initials. The borrowers can initial changes to documents, but should not initial changes to certificates unless your state says so in writing. Fixing the existing form has the advantage that there will not be any changes to the recording fee for the loan. If you start adding additional pieces of paper, that will change the information on the HUD or CD and open a can of worms which some Lenders don’t like. On the other hand it is cleaner to replace the form rather than to fix it as fixing it looks like potential tampering.

Replace the Form
To replace an Acknowledgment, just staple on a new Acknowledgment, fill it out, sign and seal. Please also fill out what is called the optional and additional information which is normally about the document such as number of pages, document date, etc.

Communication Errors
When I ask Notaries how to fix a wrong county on an acknowledgment, some of them tell me how to replace it. Fix and replace are not the same word, so please do not answer a different question from what I asked. Please also be aware of the benefits and costs of replacing the form rather than fixing it.

.

You might also like:

The 30 point course – initialing
http://blog.123notary.com/?p=14463

The man who wouldn’t use his middle initial.
http://blog.123notary.com/?p=4040

What is the cleanest way to rectify an error on a certificate?
http://blog.123notary.com/?p=20018

Share
>

April 1, 2018

Scenarios: What is the cleanest way to rectify an error on a certificate?


Notary Certificates


In this article I will address multiple points affecting fixing errors on certificates.

WHAT IS THE CLEANEST WAY TO RECTIFY AN ERROR ON A NOTARY CERTIFICATE?

Most Notaries like to cross out and initial changes in certificates. Keep in mind that these are legal documents affecting million dollar properties. Cross-outs look like tampering and there is always a small chance that your cross-out will cause a long and drawn out delay in a court case if an Attorney suggests that perhaps there was tampering. It is CLEANER to take a fresh acknowledgment form from your Notary bag, fill it out thoroughly including the additional information section with the name of the document, number of pages, etc., And then staple it on to the document.

To be prepared for this type of situation, please do the following:

1. Keep Notary certificate pads on your person
Buy Acknowledgment, Jurat, and Copy Certification forms from the NNA. These forms come in pads and fit in your notary bag or at least in your trunk. A good Notary carries these and uses them regularly.

2. Ask for preferences, not for advice
Know when to ask the Lender or Title company for their preference. Please remember that as a Notary, it is your exclusive jurisdiction to be the expert and sole authority as to how Notarizations should get done and how Notarizations do get done. However, if there are two legal ways to handle a situation such as fixing an error on a certificate (does not apply to Maryland as I have heard that you may not add a loose certificate there — look it up in the MD Notary Manual to be sure) you can ask for a preference as to which legal way the Lender prefers. But, you must not ask a Lender if it is “okay” to do something in a Notary form, but only if they have an “issue” with it.

The way you think about asking Lenders questions matters as many Notaries think of Lenders as their authority and boss. As to completing the assignment, loan documents and shipping, they are your boss. For the actual Notary procedure, the Secretary of State Notary Division (or whatever they are called in your state) is your only authority and YOU are the authority over the Lender in this regard. You have the right to say no, and they do not have the right to boss you around about Notary issues, but only to voice preferences.

3. Recording fees & issues with adding forms
If you add a loose acknowledgment to a notarized document in a loan signing, that will change the recording fee which might be recorded on the CD, Closing Statement or HUD-1. You are opening a can of worms if you do that. However, in my opinion, the integrity of the notarization trumps any recording fee issues as you are not likely to end up in court because the recording fee went up by $10 or $50, but you might end up in court if someone thinks there is tampering due to initialing and changing information on a Notary certificate.

WHAT IF THE LENDER WANTS YOU TO USE THE ORIGINAL?

Lenders are particular to the fact that they might have trouble reselling their loan if there are too many abnormalities in the Notary section such as adding certificate forms. Additionally, recording fees can go up if you add a certificate to a recorded document, and that affects the information on the CD or HUD which opens up a can of worms. However, please consider that if there are any accusations of tampering, it is you who might spend a long time in court. Adding a fresh certificate that has its additional and optional information filled out, which identifies the document clearly, eliminates most possibility of suspicion.

YOU HAVE THE WRONG STATE IN THE ACKNOWLEDGMENT
Assuming the form is acceptable in all other ways other than the state, just cross out the state, write in the new state, initial, and you are done. Do NOT let the borrower initial Notary certificate forms — that is exclusively the jurisdiction of the Notary.

WRONG COUNTIES VS. WRONG DATES OR NAMES
Having a cross-out in the county of the venue would probably not affect the nature of the contact. Whereas changing a date would affect rescission which could nullify the effectiveness of a loan if challenged in court. Crossing out a name on a certificate can really change the contractual significance of a loan document. I cannot recommend how to handle situations with any authority. However, please realize that changing a county is a small issue while crossing out and initialing a date or name on an acknowledgment for a loan document could cause havoc down the line.

You might also like:

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

Index of posts about Notary certificates
http://blog.123notary.com/?p=20268

Fixing certificates is a state-specific nightmarish issue
http://blog.123notary.com/?p=21083

Share
>
Older Posts »