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edelske
New York
815 Posts |
 Posted - 01/01/2014 : 07:54:38 AM
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I stay out of the lockup!!
What I described is to the best of my (limited) knowledge perfectly OK, I see nothing in the New York code as strict as your Florida laws.
NY: Easy on notaries, hard to get a gun permit.
FL: Tough on notaries, easy to get a gun permit.
Sometimes I wonder why we call it the "United States". At least in Europe you know when you are crossing a border into a land with new rules. Here the state lines are often unmarked, but the jurisdiction has strange and different rules. Viva la Difference!
Kenneth A Edelstein
Mobile Notary, Apostille / Legalization Processing & Fingerprinting
http://www.kenneth-a-edelstein.com |
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LindaH
Florida
1754 Posts |
Posted - 01/01/2014 : 07:43:43 AM
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"Related question: Would it be backdating if you witness the sigs and oath at 11PM and add the (prior day date) acks the next morning? I think not"..."Do you feel processing the acks at 12:01AM (the next day) or, more realistically, when I wake up the following morning is wrong? "
That's prohibited here = here the notarizations must be done in front of the signers - and no changes to the certs once out of the presence of the signer or once the document is returned to the signer/document recipient (after the fact) - any changes would require a new visit with the signer and a new notarization. The date on the ack/jurat must be the date they signed in front of us - AND the date we affix our signature and seal.
New York may be different -I gave you the Florida answer. If it's not different, I hope you enjoy your stay, Ken!! :)
In your scenario, I'd get the notarizations out of the way before midnight - issue resolvd.
Linda
http://www.columbiacountynotary.webs.com
http://www.notary.net/websites/LindaHubbell |
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edelske
New York
815 Posts |
Posted - 01/01/2014 : 05:57:16 AM
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quote:
Originally posted by LindaH
Short answer - yes - here in Florida, complying with his request would be backdating.
Linda
http://www.columbiacountynotary.webs.com
http://www.notary.net/websites/LindaHubbell
That's not like you "Short answer"! Are you saying it would be illegal to do in the sunshine state?
WHY? The ack would make a true statement.
Related question: Would it be backdating if you witness the sigs and oath at 11PM and add the (prior day date) acks the next morning? I think not. To me the key is the truthfulness of the notary statement.
I have done 11PM signings, some where the borrower literally played "beat the clock" to finish signing by midnight. Do you feel processing the acks at 12:01AM (the next day) or, more realistically, when I wake up the following morning is wrong? If so; I just might have to reply from my stay at the "Window Bars Motel".
Kenneth A Edelstein
Mobile Notary, Apostille / Legalization Processing & Fingerprinting
http://www.kenneth-a-edelstein.com |
Edited by - edelske on 01/01/2014 07:18:38 AM |
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LindaH
Florida
1754 Posts |
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edelske
New York
815 Posts |
Posted - 01/01/2014 : 05:34:35 AM
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Call was for “an Apostille”. Upon arriving I am given 17 documents that eventually receive 56 signatures. I witness and oath all of the signatures. The ID is good.
“Way too expensive, just use one Apostille” was the client reaction to the cost of an Apostille per document. As there were duplicate documents, I told the client that it was likely that each of the duplicates would have to go to a different department in the target country. I told client I strongly doubted that a single Apostille would do what they wanted.
Client was adamant in wanting a single Apostille. OK, which of the 56 signatures do you want me to notarize and Apostille, I asked. Client drafted a “cover letter” saying that he “approved” the underlying documents. That cover letter was bound to the underlying documents via my embossed gold foil seal wrapped around the top of the pile, and a gigantic stapler was used to bind the set.
I added my notarization to the cover letter, and processed the thick pile as a single Apostille affixed to the single notarization on the cover letter. Note that each of the underlying 56 signatures were witnessed and were “under oath”.
As expected the “pile” was rejected overseas – an Apostille would be required for each of the 17 documents (whatta surprise).
Now for the real issue:
The documents were “time sensitive” and the notarization date of the cover letter was the last day for my client to sign. Now the client wants me to use the cover letter signing date to notarize and Apostille (individually) each of the 17 documents. With an acknowledgement on each of the 56 signatures bearing that “date in the past”.
Would honoring their request be backdating? I did witness and oath each of the 56 signatures on the 17 documents on the date they need. The standard “Sworn to before me on xx/xx/xx…” would be a true statement. However, it’s been a few weeks since that event.
One final thought: between when I witnessed the signatures and did the oath; the documents have been “out of my sight”. It’s possible, but unlikely, that what he wants me to process is not exactly the same things. But, let’s assume he presents me with the pile still bearing the staple and my seal; and removes the staple before me. No signatures could be added because he had already signed each page.
What would you do?
Kenneth A Edelstein
Mobile Notary, Apostille / Legalization Processing & Fingerprinting
http://www.kenneth-a-edelstein.com |
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Backdating Via a Revisit? Legal?
