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 Blanks in a document
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edelske

New York
815 Posts

Posted - 05/07/2011 :  07:14:19 AM  Show Profile  Visit edelske's Homepage  Reply with Quote
Here in New York City I notarize BIG documents, often running into hundreds of pages. One example I processed was the sale of a "SuperTanker". The documents seemed as large as the ship! I was to "stand by" while the deal was made and notarize when called into the room. BIG BUCKS & BIG DOCS. It's easy to say no to a blank spot on a 2 page document. It's not so simple when the document is 794 pages, is bound like a law book; and is sprinkled with handwritten (and initialed) values - the result of many hours of negotiations.

I can find no requirement for me to reject blanks in the NY laws:
http://www.dos.state.ny.us/licensing/lawbooks/NOTARY.pdf

Thus, I do a standard notarization OF THE SIGNATURES, be the doc big or small.


Kenneth A Edelstein
Mobile Notary, Apostille / Legalization Processing & Fingerprinting
http://www.kenneth-a-edelstein.com
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jbelmont

California
3106 Posts

Posted - 02/12/2011 :  3:53:02 PM  Show Profile  Visit jbelmont's Homepage  Reply with Quote
I think that the point of any law in any state that prohibits notaries from notarizing documents with blanks is to prevent the content or meaning of the document from changing after it has been notarized. This is critical in financial transactions if dates or dollar amounts are left blank, they could be filled in with content that is "unreasonable" or unfavorable to one of the parties concerned later on.

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PWinFL

Florida
469 Posts

Posted - 02/12/2011 :  07:19:37 AM  Show Profile  Visit PWinFL's Homepage  Reply with Quote
Florida does not prohibit notarizing a document that contains blanks. The law stipulates that the document must be "complete" and cannot be blank. There are lots of documents that are complete even with blank spaces. Such as a 'grocery list' of items, some of which apply and some do not apply. If all items were marked in the list, then the document would be meaningless and confusing. The blank spaces are intentional and the inclusion of blanks makes the document complete.

It is imperative that the notary get assurance from the signer that the document is "complete as it stands". It is also beneficial to the signer that they maintain a copy of what was signed and notarized, for their own records to be used for comparison with the submitted document if necessary.

I can't think of any state laws that forbid the notary from notarizing a document that contains blanks. (If there is, please let me know, citing state and statute.)


Never drive any faster than your guardian angel can fly.

I am not an attorney licensed to practice law in the State of Florida,
and I may not give legal advice or accept fees for legal advice.


Visit us online at http://www.PAWnotary.com
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jbelmont

California
3106 Posts

Posted - 02/12/2011 :  12:15:47 AM  Show Profile  Visit jbelmont's Homepage  Reply with Quote
Visit our glossary page about blank spaces in documents
http://www.123notary.com/glossary/?blank-spaces-in-documents

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Renee

Michigan
549 Posts

Posted - 10/22/2006 :  8:42:50 PM  Show Profile  Visit Renee's Homepage  Reply with Quote
Imagine how RELIEVED we are in MI, now that the statutes have been revised to remove this headache re: blank spaces. (MI no longer prohibits notarizing a doc that contains blank spaces.)

I'm sure the statute prohibiting the act was put in place for very good reasons, and those reasons most likely weren't ever intended to cause the headaches it has - take the missing Liber/Page No. for example. There would be no way for a law to be written that could address every possible implication. In this example, the Liber/Page numbers aren't known until the doc is recorded - and it can't BE recorded until it is notarized. Catch 22.

In removing the prohibition - it removes perhaps the last vestige of a notary public's implied responsibility to the 'body' or contents of a document. We do not notarize documents - we notarize signatures ON documents. I agree w/ MI SOS in removing the prohibition against the 'blank space' issue - it is not my responsibility and never should have been.

I have to think that this change was brought about by actions from those that have national interests (lenders, title co, etc), and that MI will not be the only one to remove or revise this. We shall see?
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dfye@mcttelecom.com

New Hampshire
681 Posts

Posted - 01/14/2006 :  09:28:39 AM  Show Profile  Visit dfye@mcttelecom.com's Homepage  Reply with Quote
I would NEVER notarize a document with blanks. In your case, I would have suggested to the borrowers to go into their original loan docs and get the numbers. Unless it is a new purchase, the book and page has already been established. When recorded, if there is a new book and page number, they will have been placed on the recorded mortgage which is returned to the lender.

Also, watch out for blank signature pages. If you can fit your notary acknowlegment on the previous page, you should do so. I am really funny about placing my signature on a page that has nothing else on it.

If you cannot fit your subscription on the previous page, make a notation on the page what the signature is for. Do so in a nice and neat fashion so that it will not be rejected by the lender. Oftentimes, it turns out to be a computer "gremlin" on the lender's part.

Legal Eagle Para Professional Services
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DMARTZ

Indiana
9 Posts

Posted - 07/11/2005 :  1:26:17 PM  Show Profile  Visit DMARTZ's Homepage  Reply with Quote
Stand your ground. Ditech is wrong. You may not notarize docs that contain blanks.

The Rose Investigations
David Martz
Fort Wayne,Indiana
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n/a

5 Posts

Posted - 06/30/2005 :  09:14:41 AM  Show Profile  Reply with Quote
I have been a notary for 16 years, recently, I have come across Deeds of Trust that have a Notice of Default in the body of the deed. This notice contains blanks as the information as to Book, Page, etc. is not available at the time of signing. The NNA recommends having the borrower put TBD (To Be Determined) in the blanks, small enough so that the correct information can be filled in later.

Lately, I have received tremendous harassment from Ditech to notarize the document with the blanks. They have told me I was the only notary who ever said I could not notarize a document with blanks, that they are notarized all the time, and don't I understand that this information will be filled in later???

I am certainly no one to give into pressure, it only makes me hold my ground even harder. But, I find it maddening and was wondering if anyone else has run across this problem....
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