Today I really had a new appreciation for the NNA Hotline. I received a real estate signing from a local attorney, and he sent me the documents to print. The promissory note seemed to have a notary block where the notary is certifying that this note is tied to the deed of trust. There’s a signature line for the notary and I believe they were expecting me to notarize it. I know there are just a couple of states where the notaries can do this – Louisiana and ?? This happened to me a few years ago when I got a package from Louisiana and when I called the Hotline, they sent me a 2-page explanation showing why we can’t notarize it as is. I kept it for reference and tonight I was able to send it out to the attorney. I said I’m not authorized to certify a note and I asked if he wanted the signers’ signatures notarized instead. Whatever, I’m not signing that. I guess it shows that most attorneys don’t really know a thing about notary law in their own state.
Notaries in Florida can’t sign this either - I had it come up a few times in my years doing signings - contacted the SOS and was told since it’s not a notarial act I cannot sign it or stamp it.
I spoke to the attorney this morning and he said he’s been doing it for 40 years. I said I still can’t notarize it, so he said it wasn’t important and told me to just strike it out.
An attorney…smh…when docs go back, either a title rep or the attorney can sign it…no need to strike out.
Oh well…you still got to keep the job and will get paid, right?
The signature line says Notary Public and he told me to strike it out. I don’t get it either but he said it’s not important. So why is it even on there? Yes, I’ll still do the signing.
I am a notary in Louisiana. I was taught to sign it but not to affix my stamp. Affixing the stamp was notarizing my own signature. Is this what you are referring to?
"In Louisiana’s unique legal landscape, “Ne Varietur” plays a critical role in ensuring the
authenticity and integrity of certain documents. This term, rooted in civil law traditions,
signifies that a document is complete and unaltered since its execution. Recognizing its
significance helps in understanding its impact on legal proceedings and transactions within the
state.
Understanding Ne Varietur is essential for anyone involved in legal documentation in Louisiana,
given the state’s distinct blend of French and Spanish legal influences.
Definition and Purpose of Ne Varietur
In Louisiana, the term “Ne Varietur” is derived from Latin, meaning “let it not be altered.” This
phrase is prominently used in notarial acts as a safeguard against unauthorized changes after
execution. It indicates a document’s final form, ensuring its reliability in legal proceedings.
This is particularly significant in a civil law system influenced by French and Spanish traditions,
which prioritize the integrity of written agreements.
The purpose of Ne Varietur extends beyond formality; it protects parties in a transaction. By
marking a document with Ne Varietur, the notary public certifies its execution according to legal
requirements, ensuring its accuracy and completeness. This certification prevents disputes over the
document’s terms, providing a clear record of the parties’ intentions. In Louisiana, notaries play
a crucial role, and their certification with Ne Varietur confirms the document’s validity.
Documents Requiring Ne Varietur
Ne Varietur is particularly significant in executing certain legal documents, especially in real
estate transactions. For acts of sale, mortgage, or donation of immovable property, the Ne Varietur
inscription ensures the document represents the final, unaltered agreement. According to Louisiana
Civil Code article 1839, these documents must be executed before a notary public with two
witnesses, adhering to stringent formalities that underscore their legal significance. This process
ensures all parties agree to the terms, reducing the risk of disputes.
Ne Varietur is also crucial for promissory notes and other negotiable instruments, verifying the
document’s authenticity and unchangeable terms. In secured transactions, the annotation helps
establish a clear chain of title, critical in maintaining the priority of claims against
collateral. This is particularly relevant under Louisiana’s Uniform Commercial Code (UCC)
provisions, which govern commercial transactions and emphasize clear, reliable documentation.
Role of Notaries in Ne Varietur Certification"
The only thing I read was your first sentence. I know you can sign it in Louisiana because that’s the only state where a notary can certify a note. That’s not a notarial act for any other state’s notaries.
I understand that. I was just sharing the reasoning behind the subject. Just for reference.
I get signing services contacting me all the time for not using the stamp (our signature and bar roll/ notary number is what’s needed)