If the signers’ names appear in the date field on the acknowledgment, how should it be corrected?
I have addressed this issue to the signing agency, but I haven’t heard back yet.
Thanks!
Use your own acknowledgement. Line out theirs and initial.
This is where I am confused by 2 different answers. What I have learned from the prior courses is exactly what you said. However, I was instructed to leave blank and specify in the journal that the other signer isn’t present to sign. This isn’t only for the acknowledgement/Jurat, but throughout the entire escrow package where both names are required to sign. I cannot replace documents such as PCOR, settlement statement and etc…
Thanks again
No need to overthink this situation. You are notarizing ONLY the person who appears before you.
Leave the non-present signer’s signature line blank, in every document. Your notarial certificate will only contain the name of your signer. If there is a pre-filled notarial cert included with the doc, you have 2 options: a) leave that one alone altogether and attach your own California-compliant notarial cert; or, b) use the cert included, cross out the signer that is not present and initial that change.
In the notes section of your notary journal, you can enter whatever comment you want or not enter anything at all. Your only concern should be the signer that appears before you. Any other signers not present are someone else’s issue.
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He said the signers’ names appear in the date section…that’s a data input error on escrow’s part and escrow either needs to provide corrected docs or you attach your own ack/jurat as has been said. And, yes, you’re only notarizing the signature of the person in front of you (which you already knew)
Good luck
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Oops. My bad! Linda is correct. I forgot about that initial post and was just addressing his last one.
If escrow does not respond timely, simply attach your own California-compliant notarial cert for the one signer you’re notarizing.
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In any situation where there are two signers listed and only one is there to sign, I’ll line out the absent signer’s name and use the acknowledgement provided (assuming that everything else is okay with it). If there is anything else wrong with the form, I’ll substitute my own form.
thank you, Steve, Yolicue, and Steve!
Recap:
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signers’ names appear in the date field.
a. The agency responded back. Sign in the name and add the date next to the typed name.
b. Steve and Linda suggestions can also be used. (Thank you!) -
There are documents in addition to the acknowledgements have both buyers names that is requiring signatures.
a. Should I just leave the non-present signer (buyer) field blank and comment in my journal? I don’t think I can cross the name out in this case, correct?
b. If to use the cert included and cross out the signer that isn’t present, I still need to comment in my journal, correct?
Thank you!
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You are only commenting in your journal for your own memory if it should come back to bite you later…you want a record of what odd circumstance happened and how you handled it…trust NOTHING to memory…you get busy enough, time flies and so does your memory!! LOL
You never cross anything out in the body of the document itself…only in your cert. If only one signer is present, leave other signature line alone. Only amend your cert accordingly or attach a new one.
Hope this helps.
Hi Linda,
I hear ya. The acceleration of my memory loss is insanely crazy and scary. I always keep the receipts or notes just in case of my memory loss haha.
So, I will leave it blank and make a note of it in my journal only.
Yes indeed super helpful!
Thank you!