This morning, I received a phone call from Five Star Abstract Title company, requesting my services to notarize a seller package. Following our initial inquiries to establish my fee structure, we reached an agreement for $200. However, before concluding the call, I wanted to ensure compliance with current Florida statutes regarding notarial certificates, specifically, the inclusion of the “in-person or online” verbiage as mandated by Fla. Stat. § 117.03. The representative from Five Star Abstract Title company responded that the notarial certificates within the package would not contain this required language, as they believed it wasn’t obligatory because the seller documents were destined for recording in Huntingdon Valley, PA. I then politely but firmly explained that, as the notarization process is being conducted in Florida, I am legally obligated to adhere to Florida law. She vehemently disagreed, asserting that many other Florida Notaries in the past were apparently disregarding this crucial legal requirement. I then gently but clearly stated that I am unable to compromise on this essential legal standard, as it directly pertains to the integrity of the notarization process. In response, she immediately and without hesitation, expressed her intention to simply contact another Loan Signing Agent who would be willing to disregard the law. It’s amazing how some notaries, for whatever reason, choose to ignore the Florida Governor’s Reference Manual for Notaries Public. She didn’t even pause to consider any alternative solutions or my professional experience, and seemed completely focused on securing a notary service that would bend to her specific, and frankly, illegal, demands. This is how some Notaries find themselves in trouble with the law, chasing the dollars, instead of following the law.
Yep…it’s true…and it happens everywhere. I, too, will not compromise my commission to satisfy the whim of the hiring party. When it comes to the certs, that is our domain and non-negotiable.
Had a similar experience today. Signer didn’t have the surname on his ID that was represented on the documents. I had already told him in advance that the name on ID had to match the documents. Lender and client tried to coerce me into performing the signing using a CREDIT CARD that had the matching name, as a secondary ID. That is simply not allowed in CA. Everyone was upset and we terminated the signing. I am not willing to jeopardize my business for somebody else’s foolishness. They always say, “Well I didn’t have this issue with my previous notary.” Obviously, a lot of notaries do not follow the laws of the state. So annoying…
I had the same thing happen to me too I am in California and the signing was in Tennessee it was a jurat and they wanted me to use their jurat which in California we can’t the title company told me that the notaries always do that I said I would not and they took me off the signing. It’s sad how so many notaries don’t know their laws and are willing to do what they are told so they don’t loose the assignment.
It is alarming how some notaries prioritize financial gain over adhering to legal obligations, seemingly oblivious to the severe repercussions their choices might entail. The potential for significant legal ramifications exists, and it only takes a single, astute, and informed signer, who, for any reason, decides to withdraw from a loan agreement, alleging that the notarized certificates do not comply with the relevant state laws, to trigger those consequences.
I don’t understand why anyone would object to having that verbiage in the documents.
Why not just cite the applicable law/regulation to the title company which should be convincing enough.
I did but she didn’t care she said we had to follow Tennessse rules because it was a warranty Deed
@shesanotary not sure the number, but it’s in your CA Code that it is illegal for anyone to try to coerce a CA notary into performing an act that goes against their notary laws, rules and regulations.
California Government Code: § 8225. Improper notarial acts, solicitation, coercion or influence of performance; misdemeanor
(a) Any person who solicits, coerces, or in any manner influences a notary public to perform
an improper notarial act knowing that act to be an improper notarial act, including any act
required of a notary public under Section 8206, shall be guilty of a misdemeanor.
(b) Notwithstanding any other limitation of time described in Section 802 of the Penal Code,
or any other provision of law, prosecution for a violation of this offense shall be commenced
within four years after discovery of the commission of the offense, or within four years after
the completion of the offense, whichever is later.
(c) The penalty provided by this section is not an exclusive remedy, and does not affect any
other relief or remedy provided by law.
Nothing can be convincing when the person at the company, or the whole company, have closed their minds.
Thank you @yolicue 
Thank you for sharing that insightful information.
I do not understand why notaries would take the chance but Title companies are not above the law and should follow notary laws too
In my expertise, I can tell you that sometimes it is not about bending the law, sometimes we are new and don’t know, so we try relying on the signing company (“because sure they know”). If we don’t inform ourselves, they will take advantage and make the process easier for themselves.
Truer words were never spoken. Their only concern is getting the loan closed, and to heck with the laws the notary must follow.
Just remember…your notary laws are what drive your notary performance, not the signing service, title or lender…at least with regard to your notarizations. Never let them bully you into doing something illegal - the cost in the end is just not worth the risk
@estefanyfg10 Totally agree! You hit the nail on the head and you were being very kind by saying “Bending the law”, when actually notaries are breaking the law, when they are not following the state statutes. It’s crucial to recognize that this profession is not an environment where one can afford to learn through trial and error. The consequences of mistakes can be severe, as judges, signers, and their legal representatives will likely not exhibit the same understanding or leniency. Therefore, it is of the utmost importance that we have a thorough and accurate understanding of our state’s specific statutes and regulations to ensure we are performing our duties correctly and ethically. Nah, I don’t think companies are trying to get one over on us regarding adhering to the laws, but it’s not their job to make sure we follow state laws. They have their own rules to follow. They hire us assuming we know what we’re doing. Yeah, for sure, some of their people can be a bit lost because we shouldn’t expect them to know the state notary statutes for all 50 states. Yeah, if we’re talking signing fees, those companies are definitely taking advantage of us, but like “Forrest Gump said, that’s enough about that!”
Just wondering, could you have added that in your notarial block, To be compliant?
Forrest Gump was a very wise man
@marci.sunsetnotary, That’s an insightful point, and I appreciate you bringing it up. The fundamental misunderstanding and ensuing conflict with the title company’s representative unfolded right from the beginning, specifically during our initial phone conversation where the request for notary services was initiated. As I had detailed in my earlier post, the representative displayed a closed-minded attitude, refusing to entertain any alternative perspectives or potential solutions to address my concerns regarding legal compliance. This behavior, unfortunately, aligns with the timeless wisdom shared by Stephen Covey in his influential book, “The 7 Habits of Highly Effective People,” where he emphasizes the paramount importance of “seek first to understand, then to be understood.”