I am based in California and recently had a split signing for a property in Georgia. The assignment required an attorney on the line to go over the contract. On the Deed there was a handwritten acknowledgment instead of the customary printed form. I received the documents after they had already been signed and stamped by the signer’s husband in Georgia. I filled out the acknowledgement as presented and uploaded the documents to be reviewed. I heard nothing about any problems so I mailed the package. Nearly a week later I am told that a California acknowledgment is needed for the DOT. I sent the new acknowledgement via upload and also with the mailing label sent to me. A few weeks later my payment is docked over $50 for the re-recording fee! I spent 4 hours of my life for a fee under $40. This is a soul-crushing experience that makes me really think about doing something else.
It is my understanding that notaries are not responsible for the validity of the documents or their contents. Our job is to witness the signatures and provide the acknowledgements. Handwritten acknowledgments are legal and binding. All verbiage was correctly filled and recorded. My take is that the scheduling company is covering for the Title company but that expense was passed on to me. To make matters even more murky, the original signing fee on SnapDocs was edited after the assignment to reflect a much lesser fee? Is that standard? Just the whole thing really makes me feel expendable and my contributions (I have done more than 30 signings for this company) are not appreciated.
My takeaway from this is to ask when I see something unusual.
I think you already know the answer, which is you should receive full compensation agreed to for the signing. Anything less and you’re being screwed. That simple.
THe property is located in Georgia so it will be recorded there. Therefore, the pre printed or handwritten acknowledgement they provided shows that they intended for that to be used which should be ok for you to use as long as it doesn’t attest to capacity or anything else that would prohibit a Ca notary from using that verbiage. THEY made the mistake by intimating that you should use the one provided. Get your full fee. And yes, they do often scapegoat on notaries for any error THEY make. Go after them.
Based on the information provided, it appears that because it was a two part signing you notarized the DOT as if you were in Georgia because that is where the documents originated. All documents are to be notarized in the venue of the notary public. Requesting companies are famous for docking for notary errors. So just double check your work before you return docs. Don’t get discourage use this as a learning experience.
In this case, if they have their own acknowledgment form as long as the venue is correct then it should be fine as it is considered out of state. If unsure or in doubt, always talk to a live representative to make sure it is properly documented. Be mindful though there are some witnesses for loan documents especially in Georgia - two witnesses and one must be the notary.
In addition to, here are some of the states that need witnesses for loan documents: Georgia - two witnesses and once must be the notary; Florida - two witnesses and one can be the notary. No witnesses are required for refinance documents in Florida but when a new property is purchased you will need to have at least one other witness present at the signing. South Carolina - two witnesses and the notary can be one; Connecticut - two witnesses and the notary can be one; Louisiana - two witnesses and the notary cannot be one of the witnesses.
If you have documented the acknowledgment properly, then give a call to the higher up or executive person and demand for your fee. You have rendered your services then you should get paid for it. Good Luck!
This is not entirely correct. By Statute Florida does not require witnesses on mortgages (and I say that specifically because you said “loan documents”); witnesses are ONLY required on Deeds of Conveyance (and yes, the notary can be one witness). However, some counties in Florida have imposed their own witness requirements, and in those counties two witnesses are required on the mortgage or the mortgage will not record - it will be rejected.
It would be a question to ask title to clarify prior to closing - and get the answer in writing…
Thank you for the clarification. I do appreciate it very much!
I’d say loan documents in general but anyone who does a signing in the future, it will be located which document needs to have witnesses. I brought this up into conversation because some states are different and the laws and regulations change in some way that we should be aware of.
Hi Linn,
I notarized following California protocol with the proper verbiage but on a hand-written form just as the other notary had completed the acknowledgement. The issue here is an internal one, when faced with taking the blame do you go the route of your compass or simple write it off as the price of doing business? I get 20% of my business from this one company.
This was an attorney assisted signing with no problems from the legal side. Just sometimes you really get hit out of left field. I find it discouraging then I remind myself, it’s one out of 50. Sometimes you take one for the team.
Again , contact the title company and complain about these practices. These middlemen aka signing agents do not even read / verify documents,but they want a “YUGE” cut of your hard work , for being a glorified file messenger.
“Nearly a week later I am told that a California acknowledgment is needed for the DOT. I sent the new acknowledgement via upload and also with the mailing label sent to me.”
This you can not do in Ca. To get a new certificate would require you to fill it out in front of the signers.as a new notarial act.
here is a link to the 20015 newsletter from the SOS. See page 5, 1st paragraph…
I would not put my commission on the line for that!
I’m in California and whenever I see an Acknowledgment or Jurat that is not California compliant, I cross through the one provided and attach a completed California compliant one. This is something I’ve learned is a requirement, especially when the boxed language became a requirement a few years ago. As I’ve been doing this job, there have been more and more things I learned that no one told me about beforehand. I take the docking of pay as a small price for learning. Don’t let it get you down. We all make mistakes. Whenever I make mistakes, I step up and own them, and those companies have really appreciated it. It puts me high on their list of people they want to work with. Good luck.
California notaries are allowed to use out of state acknowledgments as long as we are not certifying capacity, this is directly from the handbook : A notary public may complete a certificate of acknowledgment required in another state or jurisdiction of the United States on documents to be filed in that other state or jurisdiction, provided the form does not require the notary public to determine or certify that the signer holds a particular representative capacity or to make other determinations and certifications not allowed by California law.
The jurat MUST be California compliant even if it is to be used in another state.
I ran into this when using a template for acknowledgements that had optional information on it including how the person was signing ie trustee, individual, corporation. For California notaries, that area should not be filled.
Yes, it does say that, it is somewhat ambiguous and the two statements appear to be contradictory. I have spoken with the SOS they told me the statement regarding out of state acknowledgments is correct but when in doubt switch it for a CA ack, also any document to be used in CA must have the CA compliant ack. We are able to use out of state acks as long as we are not breaking CA law.
