Stamping over lettering doesn’t invalidate the stamp in every state. I did a Sellers package for Jot a few weeks ago and one of the notarial certificates didn’t have enough room for my stamp. I let them know and that I would be attaching a notarial certificate in its place. Title responded that I could do that or stamp above the signature line over the text above it. I confirmed that with her, because my understanding was that you never stamp over any text. She said they do that all the time. This transaction was for property in Arizona. I did as instructed and the loan closed the next day.
Never take that to apply to all notarizations. Some companies/states/counties/closing agents will reject a stamp that goes over any writing. A great investment is the smallest rectangle stamp they make. It’s tiny and fits on even the notarizations on vehicle titles that have no room hardly at all for a stamp. “All the time” is relative to that particular First Am office and officer and may not apply to someone else’s situation. I’m glad you stated you called for instruction because that’s KEY in making the decision to stamp it.
New notaries should play safe not sorry and always call first. Keep in mind also it can take up to 90 days for a Deed of Trust or other recordable document to be filed by the county. And county auditors reject a lot of things other offices do not reject. So a loan can close and you still end up with trailing documents that need to be fixed down the road.
For instance, I forgot to STAMP a deed of trust and got a call to fix it five months later when the county noticed it was missing. It went past quality control at the title office AND the lender before the County auditor rejected the Deed.
That was only for that signing. I wouldn’t assume any other State would accept that. Of course filing with the county is a longer process. The reference was just to title. I wouldn’t do it again for Arizona unless I was directed by title. Unfortunately, Tennessee doesn’t allow for rectangle stamps.
Doesn’t allow for rectangle stamps? Honestly? Wow. That’s new to me.
Yep. I had looked into it for situations just like the one I referenced.
I am doing a signing in the morning and included in the package is the Warranty Deed notarized in Florida. The stamp is affixed upside down. That gets rejected if you do that in Washington. So just goes to show.
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In the days when all notaries used embossers, it was necessary to accept impressions in any orientation, because the embosser might not be able to reach an empty spot unless it was upside down or sideways. I’ve never seen a state that added a law or rule to outlaw the practice of using whatever orientation you want. But of course the agencies that record real estate records have secret rules they use to sabotage the public they’re supposed to be serving.
I would have checked the rules in my own state, and if possible, the rules in the jurisdiction where the document is going. I’d go by the stricter of the two. Perhaps takenotenotaryservices did this and just didn’t mention in his post.
There is no “law” against it in my state. It has to be legible. With that said documents filed in Tennessee, you’re encoraged to not stamp over any wording. This document was filed in Arizona. I consulated title as this was at their direction. Title confirmed that it was an acceptable practice in Arizona as long as it was legible. Every state has many differences in what they will accept or allow. That is part of what makes doing some of these signings challenging. I have a job I am doing today where the poa had the principal and the recieving agent sign above the principals notarial certificate. With wording that made it seem as though both appeared before me. In the originating state it wasn’t an issue and honestly I’m not sure if it was an issue in TN. I talked with my county office, who in Tennessee, is responsible for notary procedures and they couldn’t advise me on if it was legal as written. I talked with the Secretary of State and they couldn’t tell me. I called the attorney general (knowing how that would go) and they couldn’t answer that question either. I ended up having them remove the signature line and the verbiage from the principals certificate to be on the safe side. My point is that what is acceptable in one state or area isn’t in all. Since the docs were to be filed locally I tried to adhere to the best of my ability to the nortorial standards in my area.
Exactly. And maybe upside down wouldn’t be rejected by everyone but every since that instance I’ve never done it again.
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@ashton WoW! 
. “secret rules” 
Not good . . .
Junk docs (those that are not recordable) still need a clear stamp. Recordable docs (deeds of whatever) should show proper care so as not to be rejected by a clerk.