What do I need to put below where it says Notary? Newbie here!
There should be a line above the word “Notary” where you would sign. Then under the line you would put whatever your state requires be there (here in FL it’s our name). I would draw a line above the word “Notary” then finish the cert.
Based on the status of this, be sure to review the cert and make sure it complies with your state laws. If not, either make it compliant or attach a loose cert. I already note there’s no venue included.
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Thank you Linda! I have individual acknowledgment certificates. Do you think it would be okay to attach it?
You would use an acknowledgement certificate since that’s what’s on the form. However, as to whether it would be okay, that’s something you’d have to ask the document recipient.,will they accept a separate ack.
Also, what I would do when attaching a separate ack, is write diagonally across the one provided on the form 'SEE ATTACHED name your state COMPLIANT ACKNOWLEDGEMENT". And don’t forget to note at the top of your loose cert the title and date of the doc it is being attached to - that may not be required in your state but it will prevent them from removing it and using it on another doc you never saw…hopefully.
Hope this helps.
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I suggest you indicate in your profile what state you are in, so everyone can see it. Almost every answer depends on what state you are in. IF you need to replace the certificate, and IF your state’s certificate is short, you could just write it underneath the incorrect certificate. If it’s long, like California, it wouldn’t be practical to write it out and you would most likely want to attach a certificate.
I don’t know the laws in your state, but in Oregon, notaries are prohibited by law from deciding which loose certificate to use. The signer must choose the certificate that they want you to use…
“Oregon Law states that a notary public cannot execute any certificate containing a statement
known to the notary public to be false. ORS 194.340(1)(g) If the notary believes the certificate is
not the proper one for that type of document, the most the notary public should do is recommend
that the person reexamine the document and consult with an attorney. If the person insists that
this is the correct certificate, then the notary should complete the notarial act as requested, and
note in the journal that the person insisted this was the correct certificate or decline to provide the
notarial service. The notary public should not take it upon himself or herself to select or substitute
a certificate on behalf of the person.”
Oregon Attorney General: “Not only could the notary be liable if the certificate is incorrect and invalidates the document, but he or she is also probably illegally practicing law.”
Same in FL and most all states. Just so it’s clear, the reason I told her to use a loose ack is because the pre-printed cert on the form is an ack.
Yes. That’s true that it’s an ack. However, if it were me, I would let them see a printed copy of each certificate available, and let them choose. She can point to the word “acknowledged” on the doc if that helps them to choose. But if she does so, it wouldn’t hurt to verbally remind the signer that the notary is not allowed to choose the cert.
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In the state of Washington, this is is not a valid notarial statement. Here it has to say State of _____and County of ______on top. I would add it and initial. Also, the bottom section is for your signature. You could draw a line and sign above it. A notary stamp needs to be placed on this certificate. I have noticed more and more being given documents with incorrect notary statements or the wrong state and county already entered and needs to be changed. The same goes here, cross them out, put in the correct State and County and initial.
I think that’s what I said
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Some of those certificates are for a company’s use only and will not be filed at the county. In California we are allowed to make changes to the venue, it would follow we can also add the venue if missing. If adding a loose Ackie we should not notarize both certificates but strike through the one on the document and put the phrase “Please see attached.” And initials. One notary I work with got in trouble for preparing both the incomplete one on the document and adding an extra, California compliant Acknowledgement. Something about having to pay recording fees for two certificates when the budget only allows for one. Whenever I am working with a split certificate, and some Lenders have a few in their packets, I write on the bottom of the second page the name of the document ie Survey Affidavit, Borrowers Affidavit etc. In general California notaries can use out-of-state Ackies but must always substitute a Jurat even if the property is out of state and will not be recorded in California.
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You in CA also have to add that disclaimer box at the top of the cert, correct?
I haven’t so far. On an Ackie I will either use theirs (especially if the property is out of state) or attach a loose certificate and cross out the original. On Jurats, I’m not about to print anything like a disclaimer so I just swap it out.