Home > Blogs > Ronald Gillis > Ronald's Blog - Southwest Florida Notaries, Port Charlotte FL (941-7-NOTARY) Serving all of SW Florida

One of a Notary Public's main responsibilities - To appear before me

By Ronald Gillis

Services for Real Estate Pros with Southwest Florida Notaries (Mortgage Notary Signing Agent)

July 14, 2008 03:23 AM

I was reading about the revocation of an AZ's notary commission. After reading the first story, I was left really wondering why her license was revoked. It mentioned that she had forgotten to check a box that the persons appearing before her were identified by personally known, or what identification. At that point, I though that was very sever to lose a license over a missed box. It seemed more an error than a violation of anything. It also mentioned that a judge threw out the document in question because of the incomplete requirements. But that does bring up a good point, as a notary, not fully executing all requirements on EVERY notarized document based on your state's requirements, could invalidate the document, or at best cause sever problems for the person that came to you to get the document notarized.

After more research on this original story, I then learned one more VERY important detail that was left out from the original story. The notary admitted the person did not appear before her. NOW, this is grounds for revocation, period. In ALL states the requirement to appear in person is a REQUIREMENT, and when not done, it is a serious violation. I've had people wanting to 'appear' before me by way of camera (over the Internet) and other similar ways. This is UNACCEPTABLE in ALL situations. You MUST appear before me, because I need to make a determination that you are willing & under no duress what-so-ever, (no force, direct OR possibly implied) capable (seem to understand what you are signing), and depending on the type of notarization, must see you sign & give you an oath. Now the last item is not always required, depending on the type of notarization, but the first couple ARE very important. If you are 'appearing' by camera, there COULD (unlikely as it may be) be someone forcing you to sign - pointing a gun at you for example.

Notaries, if you do not know your states specific requirement needed for every notarization, take a step back and learn them! It can have sever implications that you may not realize or see! The laws are there for a reason, learn them before proceeding on any notarization.

===============================================================================

Title companies & mortgage brokers, help your borrowers- arrange to have their loan signed and notarized in their home, at their convenience by a Certified Notary Signing Agent (CNSA). Southwest Florida Notaries is open for your mortgage closing 24/7 at your location (Based in Murdock, FL, near Port Charlotte FL, but covering all of Southwest Florida - Manatee, Sarasota, Charlotte, Desoto, Lee and Collier counties)

Browse The Rain for a qualified and Certified Notary Signing Agent in your area.

Please Visit The Following:
My Other Groups	My Favorite Blogs	My Favorite Blogging Associates
Anything Southwest Florida Area	Your comments about back-dating	Bob Storey
Addicted to Active Rain	Your thoughts on reverse mortgages?	Donnie Burnette
Anything Reverse Mortgage	Reverse Mortgages are so bad	Linda Kassis
Thank You To The Following For Their Help, Advise and/or Referral Business:
Laura Vestanen	Linda Kassis	Kate Bourland
Bo Hussung	Joan Bergstrom	Lora Leasure

Re-Blog

Comments(15)

Comment

Show All Comments

Sort:

Kara Casamassina

International Property Management Group, LLC - Aiken, SC

Boomers and beyond

I guess that is why she didn't check off the box!

Jul 14, 2008 03:29 AM

Highland Beach Condos David Serle

RE/MAX Services - Highland Beach, FL

Boca Raton Agent David Serle

I am a notary as well for the convenience of my client's. I cannot imagine notarizing something without my client signing in front of me. crazy

Jul 14, 2008 03:54 AM

Carey Pott

January Financial - Foothill Ranch, CA

Ah - the truth, the whole truth and nothing but the truth was conveniently left out. Nice detective work...

Jul 14, 2008 04:03 AM

Bo Hussung

Bell Title /Triserv LLC - Nashvle, TN

Well done Ronald. Your posts provide good insights and details that many forget to ask. Thanks

Jul 14, 2008 04:06 AM

Ronald Gillis

Southwest Florida Notaries (Mortgage Notary Signing Agent) - Port Charlotte, FL

CNSA Southwest Florida. Notaries, Port Charlotte, 941-7-NOTARY

Kara, not sure about that, I get the impression that was an oversight, but the not appearing before her was no mistake! Dave, little known fact, in Florida, an acknowledgment does NOT have to be signed in front of you, BUT, they MUST appear before you (as in the case of ALL notarizations) On an acknowledgment, they have to appear before you, state they signed it, and were understanding of the document, and to the best of your ability appear to be of sound mind when they appear before you. On a Jurat, they must appear AND sign in front of you. There is a difference. FYI. Corey & Bo, thanks for stopping by and commenting!!

Jul 14, 2008 05:56 AM

Mesa, Arizona Real Estate Mesa Arizona Realtor

Homes Arizona Real Estate LLC - Mesa, AZ

AzLadyInRed

Ronald, as a notary many years ago, I remember how important it was to have the proper identifying documents. At that time, it was a license, or personally known to me. Otherwise? What is the reason for using a notary? That is such an integral part of real estate - a notary. ;-)

Jul 14, 2008 01:44 PM

Ronald Gillis

Southwest Florida Notaries (Mortgage Notary Signing Agent) - Port Charlotte, FL

CNSA Southwest Florida. Notaries, Port Charlotte, 941-7-NOTARY

Teri, there are many aspects of being a notary that inexperienced (and often times experienced) notaries overlook. But the consequences can be big! Losing her license, if that is all that happens, is nothing, she easily could face other more serious criminal charges. Thanks for stopping by and commenting!!

Jul 14, 2008 01:54 PM

Pamela Knight

Urban Knight Enterprises, Inc. - Phoenixville, PA

Hi Ron,

Recently, I was criticized by a customer because he felt that I was asking to much of him. He didn't understand that I am required to have him appear before me, that he needed to provide ID or why I was recording his information in my journal and asking him complete the missing information before I would notarize his doc. He stated that he has never had to go through this type of ritual just to get a document notarized, everybody else just stamped and he went on his way. My response was, "I am sorry for the services that you have encountered in the past with other notaries. I offer this apology because they failed to take a vested interest in rendering you appropriate services as mandated by state regulations. I would hate for you to have your documents come into question regarding a legal matter and there is a issue of validity."

Jul 15, 2008 06:45 AM

Ronald Gillis

Southwest Florida Notaries (Mortgage Notary Signing Agent) - Port Charlotte, FL

CNSA Southwest Florida. Notaries, Port Charlotte, 941-7-NOTARY

Pamela, very true indeed! I actually would believe them, they probably are telling the truth, but, like you said, if any questions are ever raised, if it was done properly, it will hold up in court, if not done right, it could create a big mess and legal problems for both the notary as well as the person the got the document notarized. In 19 years, I have only refused two notarizations, and the one that comes to mind was a man that I honestly believe was doing no wrong, and was on the up & up, BUT wanted me to notarize his wife's signature. She clearly had medical issues, no doubt. BUT, I asked her several times, even after he explained to me what the document was, and asked her in her own words to say what it was and all she could say was "yes." That did NOT show me she understood what she was about to sign. He stated he would then have her sign it & take it to the local bank & get it notarized. I said so be it, but I could not, and would not legally notarize the document, as she clearly could not communicate to me in any fashion (once I dealt with deaf & unable to speak customer - which was fine - lot of writing!) and with her not appearing to understand what she would be signing, I CANNOT notarize it. As I said, I don't even feel he was doing anything wrong, BUT that determination was not mine to make, and not my responsibility! That she was willing, capable, and understanding of the document was, and that she could not show me. Like you said, if ever questioned later, we need to be able to validate the notarization, and if we do not properly and fully comply with our states laws, it WILL NOT hold up in court, then the document has NO value. Is that what they REALLY want?? I'm sure NO! Have a great day Pamela!

Jul 15, 2008 08:18 AM

Robert Vegas Bob Swetz

Las Vegas, NV

Hey Ron,

How can I put some of the color verb-age on the bottom of my posts, like yours. Also, how do I get a color border around my home page. I view so many other members home pages and mine is so, boring.

Jul 17, 2008 06:34 PM

Robert Vegas Bob Swetz

Las Vegas, NV

Hey Ron,

Jul 17, 2008 06:34 PM

Ronald Gillis

Southwest Florida Notaries (Mortgage Notary Signing Agent) - Port Charlotte, FL

CNSA Southwest Florida. Notaries, Port Charlotte, 941-7-NOTARY

Robert, I'll send you a direct email with details. Thanks for stopping by.

Jul 17, 2008 10:00 PM

Cheryl Lee Handavaka

Cheryl Lee Handavaka Mobile Notary Public - Riverside, CA

951-514-9205 - Riverside Notary Loan Signing Services

Ronald,

Your post, like so many others, proves that you set such an awesome example. I shake my head in dismay at the actions of others. I read in the paper not long ago about some crazy and INTENTIONAL Real Estate fraud activity that a notary performed...landed herself in prison. Unbelieveable!

I also appreciate Pamela's response to her client.

I also love the way your colored ad is on your signature....and WOULD SO APPRECIATE IT if you indulged me with how to do that as well!...In the meantime, I will search your posts to make sure I'm not being redundant.

Cheryl Lee Anderson, Notary

Jul 19, 2008 02:24 PM

Ronald Gillis

Southwest Florida Notaries (Mortgage Notary Signing Agent) - Port Charlotte, FL

CNSA Southwest Florida. Notaries, Port Charlotte, 941-7-NOTARY

First, thanks for compliment, and I attribute a lot of my knowledge to a woman that used to live in my hometown, but since moved to Texas (Rose) who was a CNSA, but chose to go into banking. She gave me awesome advise and I learned so much from her! As far as sig, easiest to explain over the phone, you may call my up until 11:30PM tonight, or let me know when I can call you tomorrow.

Jul 19, 2008 02:41 PM

Deborah Huffert

Ace Mobile Notary, LLC - Phoenix, AZ

If this is the one I know about the notary worked for a company that had employees in other states. She notarized a jurat. Not only did the signer not appear before her she didn't issue the oath and then she swore under oath that the signer appeared before her. However, the person who signed the document lived and worked in NC. She lived and worked in AZ. He signed the document in NC and then it was notarized in AZ at the corporate office. Perhaps it was a new concept...virtual signing and notarizing.

Sep 17, 2008 10:53 AM