NOTARY ID Statement

I recently completed a signing (reverse) and included were 4 identical Notary Identification Statements. I was taught never to fill these out in my training and to put instead that it was an illegal use of a seal in my state, however they were sent back to me saying that I needed to fill them out even if i didn’t use my seal on them. Is this something that is legit and have you ever done it?

1 Like

The extent to which you can use your stamp or seal, or the title “notary public”, varies from state to state. Without knowing which state you are in and what the notary ID statement says, it’s impossible for me to form an opinion about whether whatever “they” wanted to do would have been legitimate or not.

What I have usually done when asked to fill out one of these notary ID statements, Patriot Act forms, or whatever they choose to call it is to not use my stamp and if the title “notary public” was there, cross it out and replace it with “signing agent”. But if the form calls for the signer to swear that the serial numbers, issuance and expiration dates copied from the signer’s IDs, etc., is accurate, then I administer the oath to the signers and fill out a certificate for a verification under oath, including my title, official stamp, and signature.

6 Likes

Yeah…agree with Ashton…would like to see this form before rendering an opinion.

3 Likes

Never stamp/seal ANY document that your state does not allow for notarization. I’m pretty sure that for most of us, that means acknowledgements and jurats. In California, the law states: A NOTARY PUBLIC SHALL NOT USE THE OFFICIAL SEAL OR THE TITLE NOTARY PUBLIC FOR ANY PURPOSE OTHER THAN THE RENDERING OF NOTARIAL SERVICE. (Government Code section 8207)
Maybe this helps, eh?

2 Likes

I can’t do that here as I’m not trained or licensed in law. In Missouri this would be the practice of law. We cannot choose notary documentation/certificates for a signer or document originator (RSMo 486.675) . We cannot vet a document for legality or accuracy, only for obvious fraud (RsMO 486.650, 486.655, 486.675). If the document says an oath is to be provided AND a Missouri notarization is needed, it needs to be part of the notary certificate. When this happens, I contact the title company for correction.

We also cannot be a party to the document in Missouri (RsMO 486.645). If I were to have done this here, either my signature on the document OR the notarial certificate would become invalid. Being party to the document and being the Notarial “officer” are mutually exclusive.

1 Like

@gabe1, sometimes whoever prepared the document package includes an ID form that calls for the signer to copy various information from the signer’s ID, such as serial numbers and expiration dates. Then there is a block that says the signer swears the information, and a place for the signer’s signature. Then there is a notarial certificate for an oath.

In my state, there is a notarial act called “verification under oath or affirmation” in which a signer swears to the truthfulness of a written document and signs the document. The notarial certificate looks like what you would expect for an oath, but contains the words “Signed and sworn to”. That makes it different from just administering an oath, which could be a purely oral. For a purely oral oath the word “signed” would not be present in the notarial certificate. A purely oral oath might be used if swearing in a witness in a deposition or hearing.

1 Like

In Missouri, Notaries Public can administer oaths without processing a notarization.

In your reply: “a block that says the signer swears the information, and a place for the signer’s signature.” So in MO, I would have the signer swear by oath or affirmation and their signature would be verification of that oath. Based on what you’ve outlined.

I cant legally add a notarial certificate to the document of any kind without the direction of the signer or the document author. For Missouri that means the signer choosing the need for a notarization, and the type of notarization whether through personal choice or the direction of an attorney.

1 Like

“Verification on oath or affirmation” is a specific notarial act in quite a few states. In my state, Vermont, the definition [26 V.S.A § 5304 (10)] is

(18) “Verification on oath or affirmation” means a declaration, made by an individual on oath or affirmation before a notary public, that a statement in a record is true.

The signer’s signature is the signer’s signature. The Missouri Notary Handbook only uses the word verification in connection with electronic notarization.

1 Like

I think you misunderstand my point sir. You’ve added a notary certificate. In the situation YOU presented me only, your document had no notary certificate. It had the block you spoke of.

Your decision to add a notary certificate where a notarization was not asked for is beyond the scope of your responsibilities (in Missouri). You presented the need for an oath on a document that didn’t ask for a notarization. This can be done.

In the situation you presented, the suggestion could be made to the lender to add a notarization. But you are suggesting to Notaries to make the decision unilaterally which in Missouri, without instruction from the signer or the document author, is practicing law.

You’ve effectively said, I think this needs a notarial act. Then you chose the act, and chose or drew up the paperwork. This is being done without regard to the individuals that are to make the decision. The type of notarial act is not the concern. The unilateral decision based on your experience and what you think is the concern. Doing this can open you up to litigation. This was made clear by my lawyer.

I’m not trying to sharp-shoot you sir. I’m trying to make clear to everyone that what you present may not be a good idea in all situations and is why I speak to Missouri alone.

Thanks for the discussion, sir. Gotta get back to the grind. Have a great day.

1 Like

In the cases I’ve encountered where whoever prepared the package wanted the signers to swear about the details of their ID documents, a notary certificate was provided. Sometimes I used the provided certificate. Sometimes it didn’t comply with Vermont law and I replaced it with one that did.

1 Like

Years ago some company’s put an ID form in the loan package and it had a Rectangle space for the notary stamp but there wasn’t any type of notary wording, let alone a notary certificate. I filled the form out, but X’d out the rectangle space and wrote that I was not to use my notary stamp on anything other then a Notary Public certificate, which was not included on the form.

1 Like

this is what they were asking for…The document heading read “Notary Identification Statement” which threw me off, because that exact language was used in my training under Montana and I’m new. However, it was a document asking for certain items from the clients identification, not mine. It did have a place for seal/stamp but they told me I didn’t have to since there really wasn’t any Oath etc. So I think it was ok? Anyways, thank you all for your help, I’m learning!

It is a statement and that document does not get notarized. What I do, is place 1 X through the words Notary Stamp and place your initials at the change. I have been doing closing for over 30 years and this has never been kicked back at me.

I have never had one I had to notarize. I fill them out on most closings for the lenders/title companies.

1 Like

Yes I fill them out entirely and no you do not use your stamp… typically they are FNF and like other files, you might seem like it’s doubles and not needed but they could be forwarded to different departments. There is not one thing in them that isn’t already visible to the hiring company as a LSA?.. This is where individuals can stand out, what I mean is just fill them out? In the time it takes to decide not to, one could of been filled out, the other time spent reading a email asking for it, is the second one filled out, make sense? One doesn’t want to stand out sending blank forms back… I have felt similar frustrations in 4 CD’s before but I’m not questioning, I’m instead asking the signer to sign and date the duplicates as if they are not needed they can shred them… I’d much rather not have an email to fix or complete anything)
Jody

1 Like

Hmm, if I’m understanding the document you’re referring to correctly, I’ve NEVER put my notary seal on them. I fill out the info but do NOT stamp it! I’ve never been asked to stamp one either. But I don’t think it’s unreasonable to be asked to fill them out.

Hmm, interesting, good luck! :wink:

Reverse mortgage is tricky.
I try not to due them.

When that happens I attach my own states acknowledgment.

Different lenders design their forms differently. Most only have unsworn statements by the notary, and so are not notarized. There is no reason to use the title “notary” or the notary’s stamp on most forms. But once in a while you see a form where it it the signer who is swearing the information copied from the IDs to the form is true, and that version of the form does get notarized.

Why don’t you contact the NNA? They can provide you with information pertaining to you state requirements!

1 Like

Correct but not I never put my stamp it’s just simply all your other information, though it’s on the platform they use I’ll still fill it out…
Jody