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November 12, 2011

Texas Notary Law and Journal Thumbprints

Notary Public Texas: Texas Notary Public Law and Journal Thumbprints
 
I am a person who likes to take precautions. Life is more fun when you have less disasters, right? Disasters are more likely to happen when you don’t take precautions, right?  Today, I was visiting our Facebook profile, which I generally do every day or two.  I notice an interesting response to one of my posts about how essential journal thumbprints are for your safety as a notary public in any state!  However, one lady wrote that the National Notary Association now counsels Texas Notary Public members (Texas notaries who are clients of the National Notary Association) NOT to take journal thumbprints due to house bill 3186.  This notary claims that the mentioned bill states that a biometric identifier (such as thumbprints captured for a commercial purpose may be disclosed only under certain circumstances and must destroyed within a certain amount of time.
 
I am not sure if I agree with the National Notary Association on this one.  But, on the other hand I am not an attorney and don’t give legal advice. I will say this though:
 
(1) If you are a notary in Texas, or any other state, and one of your signers is accused of identity fraud or forging a signature, without a thumbprint, you can not prove that they were the one that really appeared before you.  Picture identification is really easy to fake.  China has many experts who will sell you a professionally made fake for US$200.  You might end up in court for a week because you didn’t have a journal thumbprint.
 
(2) Thumbprints in journals are NOT taken for commercial purposes, but are part of a notary public’s official job in their official capacity. Notaries are offering a service which they may or may not be charging for, and the thumbprint is only a security measure used in conjunction with the service. Nobody is “Selling” a thumbprint in the notary public business. 
 
(3) A notary journal is the EXCLUSIVE property of the notary in Texas and in any other state that allows Journals.  Only people making inquiries about particular notarizations may  have access to a particular journal entry and this qualifies as disclosure only under certain circumstances.
 
(4) As far as destroying journal thumbprints, that is up to the county recorder who receives your journals at the end of your term. It is THEIR property when you end your term, and up to them what to do with the thumbprints.  Keeping thumbprint records during your term seems legal unless a specific law says you can’t keep them this long.  The thumbprints are to protect the public from fraud and are not used frivolously or shared with the public in any way.
 
In any case, if you are a Texas notary public, you need to be familiar with the notary laws of Texas, and that is your responsibility. Please take my commentary as opinions, because that is exactly what they are.

You might also like:

Multiple title companies told notaries NOT to thumbprint?
http://blog.123notary.com/?p=19461

Thumbprint taking state by state
http://blog.123notary.com/?p=1689

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October 7, 2011

Notary Acknowledgment Information

Notary Acknowledgment Information 

The most common notarial act is an Acknowledgment.  Other common notary acts include Jurats, Oaths, and Copy Certification of documents.  Notary law and current notary wording vary from state to state, but certain laws are fairly standard. 
 
The signer of an acknowledged signature may sign the document BEFORE seeing the notary. The point of having a notary acknowledgment is to prove that you acknowledge signing a particular document, and for the notary to positively identify you. 
 
Current Acknowledgment wording varies from state to state
Although the wording can vary, the basics include: (1) A venue that should indicate the state and the county where the notarization took place. (2) That the signer APPEARED BEFORE the notary public.  You can not have an acknowledgment unless the signer appears before the notary.  The only notary act that allows the signer not to appear before a notary is a proof of execution, and few notaries have ever completed that act.   (3) The date when the signer acknowledged the signature before the notary should be included in the verbiage. The signer could sign the document five years previous to seeing the notary, but the date the signer appeared before the notary is the date that the signature was acknowledged.  Incidentally, you could have the same signature on the same document acknowledged twice on different dates. (4) There should be wording to indicate that the signer acknowledged signing the document.  Basically, the act of coming to a notary to have an acknowledgment is considered a non-verbal acknowledgment that you signed the document. The document is refered to as an “instrument” in many states. It is also noted that the signer’s name is subscribed within the instrument meaning that the name is written in part of the document. The notary should check the signature on your identification to see if it matches too.  (5) The name of the signer and the notary must be documented in the verbiage. (6) There should be some documentation stating that the signer’s identification was proven.  Sometimes the wording, “Positively identified” is used.  The term “Satisfactory evidence” is often used to refer to a number of ways that a signer could be identified.
 
(7) The signature of the notary is commonly documented as the “seal” of the notary. This is not to be confused with the physical inked seal which is also a seal (confusing).   (8) Additionally, there should be a place for the notary to affix their official notary seal (stamp).  Some notaries use an embosser which is a type of seal that looks like a clamp and that can leave a raised impression in the paper with or without ink.
 
Summary
Acknowledgment wording should include:
(1) Venue
(2) Appeared before
(3) The date (i.e. 08-04, 2012)
(4) That the signer acknowledges signing the instrument that their name is subscribed to within
(5) Name of the signer and the notary.
(6) Proof of identity of the signer
(7) Signature (seal) of the notary
(8) A place for the notary to affix their official notary seal.
 
Sample Wording from California
 
State of California
County of Los Angeles
 
On 5-15-2011 before me, John Doe, notary public, personally appear Joe Barber who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and who acknowledged to me that he executed the same in his authorized capacity and by his signature(s) on the instrument the person, or entity upon behalf of which the person acted, executed the instrument.
 
I certify under PENALTY of PERJURY under the laws of the state of California that the foregoing paragraph is true and correct.
 
WITNESS my hand and official seal
 
——————————————                                        (affix stamp here)
       (Signature of Notary)
 
See some other pages with information about acknowledgments

Notary Public 101 – Basic Notary Acts
http://blog.123notary.com/?p=19500

Florida Acknowledgment Information

California Acknowledgment Information

Michigan Acknowledgment Information

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April 30, 2011

Delaware acknowledgment Certificate

Delaware acknowledgment verbiage; Delaware acknowledgment wording; Delaware acknowledgment form

Below is a sample of a Delaware acknowledgment form.

State of __________

County of ____________

The foregoing instrument was acknowledged before me this (date) by

_____________________ (name of person acknowledged).

____________________
(signature of person taking acknowledgement) (title or rank)

____________________
(serial number, if any)

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April 20, 2011

Hawaii Acknowledgment Form

Here is an example of Hawaii Notary Acknowledgment Wording

State of Hawaii
County of ___________
SS

On this ______ day of ____________, 20_____, before me personally appeared___________, to me known to be the person described in and who executed the foregoing instrument, and acknowledged that he executed the same as his free act and deed.

(Seal)

_____________________
Signature of Notary Public

Print Name:____________
My commission expires: _____________________

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April 17, 2011

Alaska Acknowledgment Wording

Here is the official Alaska Acknowledgment wording. Please keep in mind that Alaska has a network of boroughs and does not have official counties or parishes like other states.

State of Alaska

Judicial District (or County of ________________)

The foregoing instrument was acknowledged before me this ____________ day of ___________, ________________ by ____________________________________________ (signing party) ___________________________________ (marital status).

____________________________________
Notary Public

Print Name __________________________
Serial Number, if any: _________________

My commission expires:

___________________

There is also something called Alaska Corporate Acknowledgment Wording which includes the capacity of the signer.

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April 8, 2011

Idaho Acknowledgment Certificates

Here is a sample Idaho Acknowledgment Certificate.

State of Idaho
County of _____________

This record was acknowledged before me on _____________(date) by______________(name[s] of individual[s]).

_________________________ (Signature of notary public)

(Stamp)

My commission expires: _________

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April 2, 2011

Wyoming Acknowledgment Certificate

Here is an example of a Wyoming Notary Acknowledgment Form

State of Wyoming
County of ____________________

This instrument entitled _____________________________ was acknowledged before me on ______ (date) being acknowledged ____________________________ by ____________________ (Name of Person) .

(Seal)

________________________________________
Signature of Notarial Officer

________________________________________
Title (e.g. Notary Public) OR Rank (Rank if officer in active military)

My commission expires: __________________________________

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February 28, 2011

DC acknowledgment wording

Below is the official “state specific” wording for DC Acknowledgments.

District of Columbia
This record was acknowledged before me on ____________ by _______________________ Date Name(s) of Individuals(s) making statement ____________________________________________________________ Signature of notarial Officer Seal [_______________________________________] Title of office [My commission expires: _______________________]

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Florida notaries with complaints

Notary Public Florida: a complaint story
 
Here is a complaint from soneone who used a particular Florida notary:

“This is the first time we have used this Florida notary public for a closing. The Notary made a mistake on the documents where she had the borrower date everything 5/7/2011 instead of 7/5/2011 which was a notary mistake that ended up costing the broker $1000.00. Two weeks after the closing the notary called the title company directly demanding her payment of the full signing fee because she had bills to pay. She threatened to sue everyone involved with the transaction even though we were the company that hired her. This Notary was very unprofessional. The Notary was paid at 30 days by our company.”
 
The notary claims that the borrower signed the dates incorrectly and that she asked the borrowers to put the correct date, but they refused.  Then, the Florida notary claimed that the borrower wouldn’t sign where it said borrower, because she considered herself to be the co-borrower. Additionally, the notary claims that the borrower was very rude and condescending to her. The notary claims that she spent two hours at the signing and that the borrower couldn’t read the small print and wouldn’t cooperate. It is hard to know who is right or wrong here.  Was this a notary mistake or just the borrower acting crazy — or both?
 
The bigger issue is that the notary threatened to sue everyone before her payment was even late. It is professional to allow people 45 days to make payment before you start making legal threats.  Also, suing someone for $60 doesn’t really make sense in the real world.
 
Another Florida notary public wrote a complaint about 123notary.
The notary was late confirming her listing, and I called the notary to see if she was still alive and in business.  We have notaries move, quit, and end up in the hospital, and die all the time without even informing us. If I ever die, I will have the consideration to inform everyone within (5) business days. In any case, I called this Florida notary’s phone, and her message stated that she was no longer doing loan signings.   I assumed from this message that she was out of business as a mobile notary — boy was I wrong.  Rather than contacting me and politely informing me that she was still in business, she started slandering us on forums telling the world about the horrible crime that we had commited by temporarily removing her listing.    She created all types of drama over nothing.  I think that her MISLEADING phone message should have stated that she is still doing mobile notary work, but not doing loan signings.  That way, anyone calling her about work would have a clear impression that she was still in business. I hate being blamed for other people’s bad communication skills. People need to take responsibility for their own incompetent actions.  In any case, her listing went right back on the minute she asked me to reinstate her.  Unfortunately for her, I documented her zany behavior in the review section.  I stated that she committed no acts of misconduct, but created an unnecessary drama over nothing!  This case was  a business mistake on her part, not a notary mistake, but it is still ridiculous!

You might also like:

California notaries with complaints
http://blog.123notary.com/?p=2485

I make mistakes too
http://blog.123notary.com/?p=3639

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February 20, 2011

Connecticut Acknowledgment wording

Below is the official Connecticut Acknowledgment Wording. The Notary must affix his/her stamp below the verbiage in this form to complete the notarial procedure.

State of Connecticut County of ______________ ss. (Town/City) On this the_____day of____________, 20____, before me, (name of notary) , the undersigned officer, personally appeared (name of individual or individuals), known to me (or satisfactorily proven) to be the person(s) whose name(s) (is or are) subscribed to the within instrument and acknowledged that (he, she or they) executed the same for the purposes therein contained. In witness whereof I hereunto set my hand. ______________________ Signature of Notary Public Date Commission Expires:_____________ ______________________ Printed Name of Notary

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