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PWinFL
Florida
469 Posts |
 Posted - 01/16/2011 : 05:44:39 AM
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quote:
Originally posted by Lee-AR
I believe the answers to both these questions are, like many other Q&As, state-specific.
In AR, a notary can use a signature stamp--provided they go thru a legal process in the state to do that. However, a signer cannot.
I did know that AR (and a couple of others) do allow the notary to use a facsimile signature stamp in certain circumstances. The AR Handbook states: "The notary may use a facsimile signature and seal, such as a stamp or engraved reproduction, in lieu of the manual signature and rubber or embossed seal on commercial documents, except deeds or other documents for conveying real estate." The precludes its use in most notarizations that signing agents, and even many general notaries, are apt to do.
I also was unable to find a legal (legislated or case law) definition of an official signature as it pertains to the document signer(s). IMO, silence on this subject (facsimile signature stamps) does not necessarily mean that a document signer cannot use a facsimile stamp, just that its use and acceptance must be determined by the recipient of the document and/or other competent authority.
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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Lee-AR
Arkansas
678 Posts |
Posted - 01/16/2011 : 03:54:34 AM
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I believe the answers to both these questions are, like many other Q&As, state-specific.
In AR, a notary can use a signature stamp--provided they go thru a legal process in the state to do that. However, a signer cannot.
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Dannotary
California
265 Posts |
Posted - 01/15/2011 : 9:55:54 PM
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| yes, exactly, they do have to make a mark using foot or mouth. |
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PWinFL
Florida
469 Posts |
Posted - 01/14/2011 : 7:08:15 PM
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quote:
Originally posted by Dannotary
I had a severly disabled signer once who wanted to use a stamp for their signature which I thought would be humane and kind. After calling the NNA and State Notary division they said it would definatley not be allowed because there is too much room for abuse by family and workers in the home which made perfect sense to me.
That may be a violation of the Americans with Disabilities Act of 1990 (as amended). It is because of the ADA that Florida modified their statutes and procedures to allow for signature facsimile stamps. I think the NNA and your notary division were off base in not accommodating the signer.
How would they respond had the signer lost both limbs? Make them sign with their feet or mouth? (Rhetorical question.)
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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Dannotary
California
265 Posts |
Posted - 01/14/2011 : 2:29:57 PM
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| I had a severly disabled signer once who wanted to use a stamp for their signature which I thought would be humane and kind. After calling the NNA and State Notary division they said it would definatley not be allowed because there is too much room for abuse by family and workers in the home which made perfect sense to me. They reminded me that the person has to be able to at least make a mark and proceed with signature by mark procedures. THis person did sign but with great difficulty. Thats the extent of my research into this. |
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PWinFL
Florida
469 Posts |
Posted - 01/05/2011 : 6:23:40 PM
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quote:
Originally posted by Alex Teran
Can a borrower use a stamp to sign his or her name? I can across this last night and I said nope! But wasn't sure...now I'm curious.
Signer's signatures are a different story. Again, many jurisdictions do allow people who have special medical limitations to use facsimile signature stamps. I personally have done two closings where the signer used a stamp. Special considerations and citations may be required, such as the execution of the document must be witnessed by two witnesses, much the same as for someone signing by a mark.
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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PWinFL
Florida
469 Posts |
Posted - 01/05/2011 : 6:18:29 PM
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I seriously doubt it, for a couple of reasons. One is that the signature you place on your notarial certificates must be the same signature that appears on your notary application. Chances are, you signed the application by hand. Second, many jurisdictions do not recognize facsimile signature stamps on official documents. (A notarial certificate is an official document of sorts.) However, many jurisdictions do allow facsimile signature stamps if a person is not able to write their signature by hand. This is something you may need to address with the CA SOS, since the CA Notary Manual doesn't state one way or the other when it comes to facsimile signature stamps.
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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Alex Teran
California
2 Posts |
Posted - 01/05/2011 : 2:00:20 PM
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Here's another thing I was thinking about...can I use a stamp to sign my name!? This would be cool
Alex Teran
Los Angeles County
Certified NNA Loan Signing Agent
vipdocs@aol.com
323-229-0322 |
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Alex Teran
California
2 Posts |
Posted - 01/05/2011 : 1:47:05 PM
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Can a borrower use a stamp to sign his or her name? I can across this last night and I said nope! But wasn't sure...now I'm curious.
Let me know, thanks
Alex T
Los Angeles County NP
Alex Teran
Certified NNA Loan Signing Agent
vipdocs@aol.com
323-229-0322 |
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Using a Stamp to sign in CA
