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Now, make a wish and blow out all the candles. ...

blowing out candles and making a wish

What did you wish for?

I wish that companies would stop requesting that notaries notarize their own signatures.

I hope your wish comes true.

It's a reality. Notaries are often put in a position of having to notarize their own signature. It's against the law. So the notary should not do it.

How do you know when you're asked to notarize your own signature?  It's simple. Take a look at this ID Affidavit:

Identification Affidavit

Notice that it states: "he/she was the closing agent for the borrower(s) ...".  There is a signature line for the borrower. But the borrower is not taking an oath to anything ("Being duly sworn ...").  This is referring to the person witnessing the signing -- the closing agent. Or in this case, the notary signing agent.

Also, a notary cannot put him or herself under oath.

If the document read: 'I, John E. Borrower, affirm that the above information from the form of identification I provided  is true ...', then that would be different.  But the borrower is simply writing their signature. They are not acknowledging or swearing to anything. At least, there is no notarial wording to that effect.

Let's take a look at the notary section of this affidavit, just below the borrower's signature:

notary certificate of identification affidavit 

There is a line for the notary signature, and a place to write in the commission expiration date. The certificate states: "Given under my hand and seal of office."  The company wants this signed and sealed.

This is an illegal request, and should not be complied with. You can attach a note stating that you cannot notarize your own signature, and you can cite the notary law that governs this.

(For Colorado notaries, see: CRS 12-55-110.)

If the company comes back to you and says: 'All of the other notaries have been doing this.', that's just another way of saying: 'All of the other notaries have been breaking the law'.  But there really shouldn't be an issue.

Good luck.

 
Post is included in group: Colorado Notary

3 Comments on Notaries may not notarize their own signature

Leon,

When I run into these forms, which is less and less these days, I take it to another notary, sign it in front of them and have them notarize my signature.

Otherwise, I have several other forms I developed, ran by a local attorney, and he approved them, that I fill out veryfying identification was checked.

01/20/2008 02:53 AM by Mary Ellen Harvley (No Worries Notary Services)


This is always a tricky issue, and the notary must really look at the wording to see what is being asked of them.  I hate these forms because yes, many of them are asking us to notarize our own signature.  One of the biggest problems is that in my state of Virginia, practically anyone with a pulse and $35 can become a notary.  There is no competency test or required classes to take.  I feel that most Virginia notaries would not even know this is something they can't notarize. 

01/20/2008 10:48 AM by Linda de Bree (Linda de Bree, Notary Public)


No notarizing your own signature, I guess you could do it but it would not be valid.

Take care!

RJH

01/20/2008 07:04 PM by Robert Huntsinger (Empire Realty)


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Notary: Leon Austin, Colorado Notary Signing Agent (Leon Austin - Mobile Closings and Notary Services)
Leon Austin, Colorado Notary Signing Agent
Colorado Springs, CO
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Leon Austin - Mobile Closings and Notary Services

Office Phone: (719) 473-9336
Cell Phone: (719) 238-7988
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