Today, I went to an assignment in Sarasota, Florida from a lady visiting from IL. With her, she brought paperwork that basically amounted to a sale of her property (although not quite - but that is an unimportant detail for this blog) and in addition to a lot of the typical sale/purchase paperwork, included a deed.  A very specific deed, and again the exact type is irrelevant for this discussion.  Included were instructions to her, as well as instructions to the notary in how they wanted the paperwork done.

One of the very first things I noticed was in bold lettering "do not complete date in body of deed."  I explained to her that in FL, I MUST complete this, as nothing could be altered or changed after my notarization seal and signature were affixed.  But she saw no problem anyway, as it did not appear to be in the 'body' of the deed. (see below description)  There was also a place for me to Acknowledge with the date acknowledged before me etc., in the notarial wording section.  But just to check on the instructions, she called the company that generated the documents.  To give you an idea the 3 page DEED document looked like this:

DEED

Body of deed..........Page 1

Body of deed..........Page 2

last paragraph of deed ...Page 3....then the following

Dated this ______ day of _____________, 2008

Customer Signature Line ______________________

Notarial wording, location, etc. and date for my notarization as well.

The person CLEARLY stated this section above her signature was what they were referencing, and it was NOT to be filled in.  I explained to him, according to FL law, I MUST complete it or I could not complete the notarization, as it would not be valid.  Now understand one VERY IMPORTANT THING HERE - This may NOT be required in ALL states, but it IS required in FL.  I also called one of my help lines to get the exact statute number of the law, and while on the phone with them asked if it was also required in IL, where this document was generated, and I was told it IS required there as well.  This is why it is so important notaries out there to KNOW and FOLLOW your state guidelines as I have no doubt many even in this gentleman's home state of IL, that many follow their instructions, BUT that can invalidate the notarization, and then you can have a tremendous court battle at that time.  Honestly, the woman stated, "if that is your law and you must do that, then that is fine with me."  But some are not so understanding, and would insist you not following your state laws.  However, it is IMPERATIVE that you KNOW and DO follow your state laws, as that can lead to troubles down the road, no matter what instructions you are given, your state laws supersede instructions from title/escrow/attorney, etc.  

I am not sure what they are going to do when they get the paperwork, but I know my notarization will stand up to any court challenge, as I followed state law.  I have no doubt they might alter it, or re-execute another deed, but that is not my concern as I obeyed all my state laws.  If they don't follow laws, they run the risk, whatever risk that may be.  I also made this woman aware IL state law has the same requirement about a completed document when notarized.  I can't worry about what they do afterwards, but I did note my journal what happened, and if there ever is a court challenge, and it is the same document and it has been altered, someone else will face court sanctions, not me!

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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)

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

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)