My current experienced, when companies try to pressure us to do wrong

Notary Experiences
1

Today I am sharing a current situation that facing me. I received this order, where the loan documents are being filed in GA and the notarization is happening in Florida. This going to be a long read:

Dear Customer Service Team,

Thank you for the opportunity to provide my loan signing services to FASS. Following a thorough review of the loan package, the following items are not in compliance with Florida Statutes and require either revision or the use of loose certificates. Specifically, all the listed items are missing from the required notarial verbiage, as mandated by Florida Notarial statutes, section 117.05(13)(a):

  1. Signature/Name Affidavit and AKA Statement
  2. Point Digital Finance Option Purchase Agreement (page 62)
  3. Security Deed (page 84)
  4. Closing Attorney’s Affidavit (page 89)
  5. Mortgagor’s Affidavit (page 95)
  6. Important Information Regarding Your Shared Appreciation Transaction (page 115)

The provided snapshot illustrates the statute and the essential elements that a Jurat or Acknowledgment must contain to be eligible for notarization. The documents within this loan package either list an incorrect state or county, or they lack the required notarial verbiage.

To address these discrepancies, we can either attach the appropriate Florida loose certificate or reconfigure the loan package to align with Florida statutes. Given that this order necessitates additional administrative labor, materials, and time, I am requesting a fee adjustment of an additional $50, resulting in a total fee of $250. Please let me know your decision as soon as possible, so I can proceed with the printing and preparation in a timely manner. Your immediate attention to this matter will be greatly appreciated, especially in view of my other scheduled work load.

Thank you,

On Wed, Oct 8, 2025 at 11:13 AM RLACoFo Team Eagle <rlacofoteameagle@firstam.com> wrote:

This is a Georgia property, therefore the documents follow Georgia statues - only signing in Florida

Thank you

Amy Rigsby

Hello Amy Rigsby,

I am writing to formally acknowledge that the subject loan documents are intended for filing and recording within the state of Georgia. While I have a history of successfully conducting loan signing procedures for properties located in Georgia, it is crucial to understand that the notarization process for these specific documents will, in this instance, be executed within the state of Florida. As a certified loan signing agent and practicing notary public within Florida, I am legally bound to adhere to the specific jurisdictional requirements and legal framework that govern notarial practices within this state. I want to emphasize that I am unable to deviate from or alter the legal stipulations that are inherent to my commission and the practice of notaries in Florida. To further illustrate my commitment to adhering to these legal obligations, I have included a snapshot of relevant sections from the Florida Notary Statutes. Ultimately, the decision regarding the notarization process rests with you. However, I would like to gently suggest that you carefully consider the potential implications of seeking a Florida Loan Signing Agent who might be willing to potentially disregard Florida law. Such an action could expose both the individual agent and First American to significant legal and financial liabilities. You and First American are investing in my services because you value my expertise, experience, and, most importantly, my proactive approach to preventing any potential fraudulent exposures. Preventing such issues is, without question, my primary objective and professional commitment. Please let me know, if you wish to continue the usage of my services or elect to reassign this order to another signing agent.

Best regards,

As I was posting this experience, FASS called to discuss my concerns. What was so funny, the representative proceed to tell me that in the past other notaries didn’t have a problem with notarizing the documents in their current status. After I explained things as presented in my emails, he agreed to increase my fee by 50% of what I had originally asked. So now my signing fee will be $225.00. The whole point, apparently there are loan signing agents out there that’s performing illegal notarial acts to make a dollar. FASS originally offered me $100 that included a $25 witness fee. I had counter offered, to take the assignment for $150 plus a $50 witness fee. In this outcome, it’s a win -win for us both, we both felt a little “pain” in the negotiation process. But more importantly, FASS came to an understanding, the documents have to comply with where the notarization is occurring and not where the documents were being filed. Hopefully, someone finds value in this posted topic.

5 Likes
2

The notaries they are citing who didn’t have a problem doing this for them in the past without question either don’t care or more likely DO NOT KNOW they are breaking their state notary rules. And ignorance of the law is not an alibi in court. :clap: Good for you, Carl. Way to stand your ground and thank you for sharing here.

4 Likes
3

@cfletcher Hi Carl….don’t forget the required wording for witnesses in FL (which I’m sure you know but I’m plunking it here for reference)

695.26 Requirements for recording instruments affecting real property.—

(1) No instrument by which the title to real property or any interest therein is conveyed, assigned, encumbered, or otherwise disposed of shall be recorded by the clerk of the circuit court unless:

(a) The name of each person who executed such instrument is legibly printed, typewritten, or stamped upon such instrument immediately beneath the signature of such person and the post-office address of each such person is legibly printed, typewritten, or stamped upon such instrument

1 Like
4

I believe I’ve read here in the past where cfletcher asks his hiring entity about Acknowledgments/Jurats that are not compliant with Florida law (such as his post here). Each time, I wonder …

Does the state of Florida require you to ask your hiring entity about replacing those non-compliant notary certificates? The reason I ask is … the notarial certificate is the notary’s purview. The notary is responsible for its verbiage/contents/compliance – not the title company, signing service, lender, attorney, whatever hiring company. Any time I run across a non-compliant (I’m in California) notarial certificate, I strike through, write “see attached (or below)” and initial. I have a stamp for compliant Jurats that I’ll use if space allows; or, I’ll attach a California-compliant Acknowledgment. If it’s just a matter of the venue, I’ll strike through the incorrect state/county, print the correct one directly above the incorrect and initial my corrections. I’ve never asked my hiring party about my procedure and not once have my notarizations been returned/rejected for this process. I’ve been a notary since January 2006.

Disclaimer: The above is my experience/procedure. It works for me in California. If your state has other specific requirements, you should adhere to those requirements.

5 Likes
5

@yolicue I completely concur that the responsibility for notarial certificates rests squarely within our domain as notaries. However, I personally adopt a proactive approach by prioritizing communication regarding any observed discrepancies or concerns before implementing any alterations to the documents provided by the company. My rationale stems from a belief that open communication and mutual understanding are paramount. Specifically, I strongly feel it is best to take that extra step to ensure that all parties involved, including the hiring entity, the signers, and any other stakeholders, are fully informed and aligned regarding the necessary adjustments or corrections. Ultimately, this collaborative method helps to minimize the potential for misunderstandings, errors, or complications down the line, given the inherent uncertainties surrounding the handling of loan packages after they are entrusted to others. I am not saying my way of doing things are “right”, like you, it process has served me well. Thank you for sharing your insights, I am always open to receive knowledge and learn different approaches.

3 Likes
6

@cfletcher :tada: Absolutely optimum tenet to operate within. :tada: Excellent business owner paradigm.

Your process mirrors the tenet I rely upon on a daily/ongoing basis in my business with my clients. :person_with_crown:

NOTE: Of late, there have been multiple document packages with Venue errors. When that’s encountered, I implement the following Steps immediately (& importantly prior to traveling to the signing location):

  • During the Signing Appointment confirmation text/call I ask the signers to confirm the county where we will be meeting together
  • If the incorrect county is identified within the document package (once the package is received) - I search out the Exhibit A for validation of the correct county for the Venue
  • I then reach out to the hiring entity & advise them of the discrepancy & the manner in which I have Researched that discrepancy
  • Most hiring entities are quite grateful & promptly re-draft the document package
  • On rare occasions a few hiring entities advise to simply perform a manual correction with the proper notarization techniques

:swan:

2 Likes
7

Excellent advice.

I literally have a similar situation going on with a title company’s sellers package. The home is in Wisconsin, but the sellers are snowbirds and already at their winter home.

What shocked me was that when I contacted title, I found out I am the 4th notary to do this signing and title couldn’t figure out why the buyers were rejecting the docs that were non Florida compliant.

Several emails later with our state regulations sent to title, we had a successful document signing with scans from the table that the buyers attorney accepted.

2 Likes
8

I always call when it concerns GA. They get sticky with a Fl. attachment. Usually they just ask for a copy to show legal . I have never had a problem as they do approve. If not, I am not doing the job. With that said, if a Fl. job I just attach without conversation.

1 Like
9

I had something that wasn’t as complex. A gentleman wanted me to “just stamp” his document that didn’t contain any notarial verbiage. He said another notary did it for his friend. Our job is a bit more than just signing and stamping for sure!

1 Like
10

A very professional compromise by both parties. Congratulations. Unfortunately, too may times when I have raised concerns (not even requesting a fee increase) the response has been, “Ok. We’ll reassign.” In other words, “ We’ll find another Notary who we can bully into compliance or will be complicit in an illegal signing.”

2 Likes
11

Yes, that is so true….

1 Like
12

This topic was automatically closed 90 days after the last reply. New replies are no longer allowed.