Avoid unauthorized practice of law: loose certificates

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Services for Real Estate Pros with Mobile Notary Services

Very many times a notary will be presented with a document that does not include notarial wording. This is not a problem since a loose certificate can be added to the document to provide the notarial wording.

However, the notary cannot make the determination as to which type of loose certificate to add.

I received the documents for the closing I am scheduled to do tomorrow.  As usual, I prepare for the closing by going through the entire set of documents. I make notes of any questions I want to ask the title company, any potential problems, etc.  I did find a problem with the SIGNATURE/NAME AFFIDAVIT:

Signature affidavit - no notarial wording

Notice that there is no notarial wording. Yet it instructs the notary to "Add any necessary Jurat or Notary Certificates."

I will be glad to add a loose certificate. But, the title company will have to tell me which type to add. I cannot make that determination on my own. That is against the law.

The following is an excerpt from the Colorado Notary Law Primer:

Do Not Select Certificates

I'll call the title company and ask them which type of notarial certificate they want me to add. But it has to be their choice -- not the notary's.

 

 

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Tags:
unauthorized practice of law
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Comments 3 New Comment

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Rainer
3,906
Laura Underwood
Missouri Certified Notary Signing Agent
Above the Line Signing

It is the same here in Missouri. I have to call one particular company each time I get their documents in because one of the pages says to notarize it but it doesn't say what type of notarization they want.  It is the same page every time, but I have to hear it straight from them each time.

January 04, 2008 06:32 AM
Rainer
210,786
Find a Notary Public needAnotary
QEC Internet Services

Laura it is welcoming to hear you don't make an assumption even though you have spoken to them on another transaction.  Part of the problem is that many lenders lend nationally and often omit state information on documents that require notarization.

It is imperative that a notary is familiar with their state's notarial laws.

May 03, 2008 04:28 PM
Rainer
49,755
Denise OnullDell
Mobile Notary Public/Real Estate Agent
Santa Clarita Mobile Notary

I've never seen signature affidavits without the notarial wording, but if I did I would never assume which type of certificate to attach.  I would have done the same thing you did, call the title company to be sure.

 

June 10, 2008 10:03 PM
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Rainer
164,577

Leon Austin

Colorado Springs Mobile Notary
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