| |
 Dear Signing Agents,
You need to REGISTER and have a password to post or reply to discussion topics. Please remember, your password for your listing on 123notary.com is NOT RELATED to and is different from your password on the forum. Your password on the forum can be whatever you want it to be.
|
|
  Be the first person to vote!
| Author |
 Topic  |
|
|
edelske
New York
815 Posts |
|
|
middleVT
Afghanistan
38 Posts |
 Posted - 02/12/2013 : 09:58:59 AM
|
As for edelske's experience with a marital status in a certificate being rejected by a county clerk, perhaps the clerk was right. It certainly makes sense that notaries often are not in a position to verify that people are married, and there doesn't seem to be anything specifically stating that so verifying is authorized.
But it's a bit of a stretch to say the name in the certificate must be the name in the ID; NY notaries don't always have to see ID; they may have personal knowledge. And some might read edelske's comment to mean the name on the ID must exactly match the name in the certificate, which might not be what he meant.
Finally, I don't think all of §135 applies only to attorneys, I think the only part just for then is the sentence that starts "A notary public who is an attorney at law...." Besides the way it is worded and punctuated, there doesn't seem to be any other section that explicitly confers on all notaries their basic powers, such as administering oaths and affirmations.
So if some other state authorized notaries to determine if people were married, and required that to be stated in order for a deed to record, a NY notary might very well be allowed to do that for a deed to be recorded in that hypothetical state, as long as he cited the laws in that state that authorized it.
middleVT |
|
|
|
edelske
New York
815 Posts |
Posted - 02/12/2013 : 08:10:30 AM
|
So I'm curious to know where it says NY notaries may only notarize the name on the ID.
That rule comes from my license authority, the NY County Clerk's office. They rejected a notarization I submitted for "authentication" because a marital status was included.
"You notarize just the name on the ID - nothing more" was their admonishment. But it should be obvious in the law. There is an area on the notarization examples for the "name" it says nothing about attributes added to the name.
"a married man/woman" etc. is not on the ID nor is it on the birth certificate; thus it is not part of their name.
BTW: Your quote is for notaries who are attorneys - I am not an attorney. |
Edited by - edelske on 02/12/2013 08:15:19 AM |
|
|
|
middleVT
Afghanistan
38 Posts |
Posted - 02/12/2013 : 05:42:02 AM
|
quote:
Originally posted by edelske
I modify it to meet the laws of New York State and situation before me. There is really no other option or valid answer. There is no need to ask for approval, arguments are pointless....
Marital status may NOT be declared by the notary in NY State - we can ONLY notarize the name as on the ID - nothing more.
Of course it's your statement, if the person paying your fee chooses to engage you. But the person paying has the option to tell you to forget it, he/she/it will make other arrangements.
As for NY notaries only being able to notarize the name on the ID, the authority of NY notaries seems quite expansive compared to other states. According to the Executive Law (http://www.dos.ny.gov/licensing/lawbooks/notary.pdf):
quote:
§135. Powers and duties; in general; of notaries
public who are attorneys at law.
Every notary public duly qualified is hereby authorized and empowered
within and throughout the State to...and, for use in another jurisdiction, to exercise such other powers and duties as by the laws of nations and according to commercial usage, or by the laws of any other government or country may be exercised and performed by notaries public, provided that when exercising such powers he shall set forth the name of such other jurisdiction.
So I'm curious to know where it says NY notaries may only notarize the name on the ID. My curiosity comes from dealing with New Yorkers who find it more convenient to sign in Vermont because they know me or work here. (If I climb the hill across the road, I can see New York.)
middleVT |
|
|
|
edelske
New York
815 Posts |
Posted - 02/11/2013 : 8:51:20 PM
|
The notary section "ack" is MY territory - NO ONE other than me has any authority in that area. It's my signature and statement. I modify it to meet the laws of New York State and situation before me. There is really no other option or valid answer. There is no need to ask for approval, arguments are pointless. If you understand your state laws and the situation at hand; do the right thing.
Common issue: Before me appeared Mickey Mouse, a married mouse
Marital status may NOT be declared by the notary in NY State - we can ONLY notarize the name as on the ID - nothing more.
This changes to:
Before me appeared Mickey Mouse, a married mouse kae
Kenneth A Edelstein
Mobile Notary, Apostille / Legalization Processing & Fingerprinting
http://www.kenneth-a-edelstein.com |
|
|
|
middleVT
Afghanistan
38 Posts |
Posted - 02/11/2013 : 4:16:19 PM
|
Demand full payment no matter whether the signer is willing to sign, or the notary is willing to notarize, before printing and/or leaving for the appointment.
middleVT |
|
|
|
jbelmont
California
3106 Posts |
Posted - 02/11/2013 : 12:43:09 PM
|
What if the lender says that no changes may be made to the document? And then what if there is a problem in the Acknowledgment Certificate. Perhaps the venue is showing the wrong state or county. Perhaps the name is not spelled correctly on the Acknowledgment form. Perhaps there are two names on the Ack form, but only one signer is present. What do you do? Punt?
|
|
| |
Topic |
|
|
|
| Mobile Notary / Signing Agent Discussion Forum |
© 123notary.com |
|
|
|
Tips for using the forum
The most important feature on the forum is the search box. You can look up a particular word, phrase, name of a company, and see a potentially large list of search results with which you can obtain data. Filters are also valuable. If you want to find popular posts, you can use the number of views filter. You can also see whats new with the active topics link. Email us at info@123notary.com if you need any help using the notary forum.
Resources
The notary public resource page is valuable as it has links to all of the free information pages for notaries. Pages linked to the resource page include a page that teaches you everything you need to know to get the most out of your listing. Another page teaches you all the secrets of getting paid. There is a link to our free list of signing companies. There is also a glossary, learning tools, and much more.
If you are a notary, the free tips we give are invaluable.
Popular pages
If you visit 123notary.com often, you might want to visit some of our most popular pages such as the California notary, Texas notary, Florida notary, and New York notary pages to browse the site. We also have valuable pages for notaries such as the free list of signing companies, and the resource page. Please also visit our get notarized and notarized letter page.
|
| |
no changes whatsoever" may be made to the document
