Can I VOID notarizations?

I have a question if anyone can answer please… a couple of weeks ago I was in a signing where borrowers decided to adjourn because they didn’t agreed (or quiet never understood) the terms that regardless the wife wasn’t one of the borrowers, she still needed to be in some documents and they just didn’t “get it” . The thing is that they got to sign some documents that got notarized and I recorded in my notarial journal :woman_facepalming:t2::woman_facepalming:t2::woman_facepalming:t2:
What to do? Should I cross it out as VOID?

I would just make a note in my journal “signing incomplete…signers aborted signing” - and I’d make it in red pen. :slight_smile:

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Sounds good your suggestion @LindaH-FL
I’ve been thinking about this since it happened, what would be the correct to do. Thank you Linda :blush:

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Great advice from Linda per usual. I had this same situation happen to me but was able so save the signing by contacting the escrow officer. She explained to the signers that the wife has homestead rights and that is why she must sign. The docs she must sign do not make her financially responsible. After a few minutes on the phone they felt comfortable. Which I was glad for because I drove 2 hours on icy roads to get there!

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Ouch! 2 hrs drive :red_car: and I complain for 30 plus minutes :red_car:

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I would make a note that the signing was incomplete. I would also make a note of what became of the documents. If I saw them shredded, for example, I would note that.

You’ve heard the phrase “signed, sealed, delivered”. Delivery is the part where I accept the documents for delivery to the title company. A deed or mortgage is not effective until it’s delivered. If a deed or mortgage was signed and notarized, but before I left, the signer decided not to go through with it, I wouldn’t accept the documents. I’d contact the title company or signing service and ask how they wanted to handle it, but me accepting intact signed documents would not be an option.

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What??? Where do you live? The farthest I will drive is one hour, and I charge $150 for those areas. I live in northern NV in the Carson Valley. It’s at the base of Lake Tahoe, very pretty here. Originally from Los Angeles.

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They suggested to shred it, and so I did. Thank you for your advise :blush:

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I live in Central OH. There is a city to cover every part of the state except for the south east. So I get alot of jobs in that area. Also, there is no major Freeway going in those areas so always on State or US Routes which change speed limits periodically as they go through little towns and have traffic lights. Rural signings are a weekly reality for me right now.

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Well, I have taken jobs that are 1.5 hrs away, one was a no show because of a day mix up on their part, we where able to reschedule for the next morning but they came to me. Of course all this was with the permission of the Title Co. But I am learning through the process. As long an I am available I will do the drive for 125-175 depending on the distance. I need the work to build up my business. Right now I am at the 20+ last 2 months, 20+ in one month. Really haven’t made any profit yet, but It i getting better.

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i have that on long island

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I will return the package to the provider in the way it is, will inform them about the case and will place notes in my book and their website with as many details as I can. And will forget it. I should be paid at least 50% for such a case.

If you notarized a document, it is notarized, even if you destroy the documents yourself. You could leave a note in the journal, but the journal is for notarizing certificates and information pertaining to that, I don’t think “They signer’s changed their mind” is appropriate, but still why not.

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Thanks Dan, for your input :hugs:

Good question - like others have pointed out, once the notarization has been completed, there is no backtracking as far as the Notary is concerned. Keep the entire package and wait for instructions from the contracting company (whether half completed or otherwise) and communicate clearly to them the circumstances. Also, make notes in the journal about the situation - but be sure not to ‘void’ them, as anything officially completed is technically valid. It will be the signer’s responsibility to contest them with the appropriate parties.
Always be sure the signer does not give any indication that they are not willing or aware of what they are signing, to mitigate these situations - but of course, it’s not always avoidable. People change their minds as things develop.

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