I had a closing yesterday where a contract for sale had two blank lines where payment dates were to be added. I told the seller that these dates need to be filled in before I can Notarize the document. (Im in California). The seller called the Title Company in Oregon and asked for the dates so he could fill them in.The Title Company said that I dont need to worry about this and just do my job and notarize the doc. I got out my Notary handbook and showed the Seller that there can be no blank spaces in a document that requires a Notary. He handed my the phone and I spoke to the Title Company that was arguing with me to just notarize the doc and it can be blank. I told her that I cannot notarize this. The Notary for the buyer who was in Oregon notarized the doc undated and so should I. I called the NNA to verify and see of the law had changed and they informed me that I was right. The Title company told me that they were going to call my signing company and they will force me to notarize it. The signing company did call me and I texted the two pages to them and they agreed that I canât notarize this. The title company called the seller back and I overheard them say that they were through with me and to get me out of their house. I picked up all my docs (copy pack too) and left. The Seller said arenât you going to leave these docs for me? I said no they are mine until I get paid. Has anyone else ran into this situation? Does anyone know if in Oregon you can notarize a doc if its not completed?
I know that Oregon has recently adopted the Revised Uniform Law on Notarial Acts, which will probably pass in my state, Vermont, in the next month or so. I looked at the Oregon manual (page 8). It seems to be a best practice rather than a legal requirement. Notice that, unlike some of the other answers, it doesnât refer to a specific section of the law.
I recently had a similar situation and contacted the NNA. The answer I received was that, I could inform the borrower/buyer/seller that there were blank spaces on the document and I was informing them of my concerns. They would need to take a verbal oath or affirmation that they would sign documents âas isâ and then record in my journal the situation.
In California I could not finish the Notarization with blank spaces.
Sandy,
Take what you like, from below, and leave the rest.
I have experienced this situation more than once.
The location where you notarize dictates what laws are applicable. Some people call this âwhere your heals are at the time of signingâ determines the rules.
Where the documents end up has no bearing on the rules. Not Oregon, Spain, Germany, England, etc.
Professional notaries know that entering information for the signer or telling the signer what to do is an Unlicensed Practice Of Law if you are not an attorney licensed to practice law at the location of the signing.
You as the Notary Public make the full and final decision on doing a notarization. Title can not instruct you to practice law, period.
The Secretaries Of State, in California and Oregon might be highly interested in the actions/statements of the Title Company.
I suggest invoicing the signing service that hired you; if they refuse to pay you, mentioning a letter to the Secretaries Of State regarding the SS and Titleâs refusal may get you paid.
Again, take what you like, from above, and leave the rest.
From time to time, you will find a title company who tries to bully you into doing what they want, and will ask you to skirt the notary laws for the State you are commissioned in. Donât do it! They will not be fined or lose their commission if this transactions goes to court and the notarization is found to be invalid due to the violation of the notary laws for your State, but you will. At least the signing service agreed with you! But chances are, the signing service found another notary who was willing or not aware of the law, to go out to the signer and get the document signed and notarized.
You did the right thing and the lawful thing.