| Know Notarization & Know your Notary | | | | Â Â Â Â Â Â Â Â Â Â Â A |
| Â Â Â Â Â Â Â Â Â Â Â | | | | worst case practice by a dismal few notaries is the |
| Perhaps the second oldest profession, the function of | | | | practice of merely stamping and signing a document |
| the Notary Public is one of the most ancient of public | | | | (that does not have proper notarization wording) and |
| offices. It developed from a need to conduct | | | | calling it notarized. This occurs all too frequently. The |
| commerce without face to face contact, and to | | | | proper procedure is to use an Acknowledgement |
| assure the validity and transferability of contracts. | | | | stamp (directly on the document) or adding a |
| Central to answering these needs was the Notary | | | | separate page called a "loose |
| Public, a local who knew everyone - and everyone | | | | Acknowledgement". It is required for the |
| knew the Notary. Long before photo ID - the | | | | notary, in addition to the Venue - to make a |
| verification of signatures was only done on a personal | | | | statement, e.g.: "sworn to and subscribed |
| knowledge basis. This carries over to modern times, | | | | before me", and the notary should print your |
| as notarizations still have a "basis of | | | | name and the date of the notarization; in addition to |
| notarization" selection for the notary - | | | | the notary's signature - exactly the same as on their |
| personally known or produced ID. If an individual | | | | rubber stamp. Embossing by the notary is always a |
| signature could be in doubt, how then could the | | | | good idea. |
| assurance of the notary be beyond reproach? | | | | Â Â Â Â Â Â Â Â Â Â Â Be |
| Governing bodies developed the concept of a hard | | | | sure the Notary you select has proper equipment - |
| to duplicate notary seal, originally impressed into wax, | | | | ask if they have: An Acknowledgement stamp to |
| it evolved into today's embossing. | | | | add proper notary wording to an existing document; |
| Â Â Â Â Â Â Â Â Â Â Â In | | | | Multiple size Notary stamps for "tight |
| addition to the concept of signature authenticity, the | | | | spots" and larger size for readability; Multiple |
| concept of truthfulness was quickly appended. Words | | | | embossers - one for "bottom" use / the |
| written, and signed before the notary, were sworn | | | | other for "side" use; A good supply of |
| statements, compelling honesty; under penalty of law. | | | | Notary forms, Acknowledgement, Jurat, Affidavit of |
| Thus a contract could be both accepted as authentic | | | | Photocopy, etc.; A copy of the Notary Law, and |
| and be enforceable. The document did not require a | | | | Phone Numbers / Addresses of Local County Clerk |
| witness to add credibility to the signature, and could | | | | offices; A cell phone - that is always answered - by |
| be brought before judicial authority if breeched. Early | | | | the same notary in case of a question; National |
| notaries were the equivalent of modern day Town | | | | Notary Association Receipts - often honored for |
| Clerks. They recorded contract, births, deaths, | | | | rebate of Notary Fees; "Gold" foil - for |
| marriages and conveyances. This is still true in some | | | | embossing seals on documents to foreign countries; |
| Latin American countries where the title of | | | | Pens, stapler, adhesive tape, etc - a mobile office of |
| "Notario Publico" represents a major | | | | supplies to solve problems. All of these items are not |
| public official. It is illegal in New York State for a | | | | needed for every notarization, but the better |
| Notary Public to represent themselves using that title | | | | equipped notary is likely to have more experience in |
| as it gives the impression of an authority to certify | | | | solving real world situations; without compromising. |
| and authenticate documents that does not really | | | | Â Â Â Â Â Â Â Â Â Â Â You |
| exist. | | | | also have to do your part. It is your responsibility to |
| Â Â Â Â Â Â Â Â Â Â Â | | | | provide proper ID. The standard is |
| Contrary to popular opinion, it is sometimes | | | | "government issued photo ID". I have |
| permissible for a document to be notarized to be | | | | had people present to me, and I rejected: a social |
| signed prior to meeting with the notary. It depends | | | | security card (no photo); a Gold's Gym membership |
| on the wording in the notary section. If the phrase | | | | with photo (not government issued), a birth |
| "this instrument was acknowledged before | | | | certificate (no photo), etc. Married women often |
| me" appears in the notary section - the | | | | have their Drivers License in their maiden name - |
| responsibility of the notary is to establish ID and, with | | | | bring your marriage license showing change of name |
| face to face contact; ask the person if they did | | | | and there will be no problem. It is the duty of the |
| indeed sign the document - then it can properly be | | | | notary to notarize the name exactly as on the ID |
| notarized. If the phrase reads "sworn to and | | | | presented. If your driver's license has Thomas Smith, |
| subscribed before me" - then the operative | | | | don't sign Tommy Smith, or request the notary to |
| word is subscribed; and the notary is required to | | | | notarize a "stage name". A good notary |
| actually witness the signature. In every case the | | | | will be quite strict about this. The duty of the notary |
| notary is required to have face to face contact and | | | | is to protect you from someone using your name on |
| check the affiant's ID. It is always illegal to do a | | | | a document. The notarization date must be the date |
| notarization "over the phone", or via FAX. | | | | you actually meet with the notary; the document |
| Â Â Â Â Â Â Â Â Â Â Â The | | | | date can be any date - in the past. Backdating |
| start of the notary section contains a Venue; | | | | documents places the notary at grave risk; technically |
| typically (in my case) "State of New York, | | | | it's the crime of Forgery. |
| County of New York" - that is where the | | | | Â Â Â Â Â Â Â Â Â Â Â |
| notarization has taken place. The Latin letters to the | | | | Notarization is serious business. The oath given to |
| right of the venue are typically: SS: (scilicet) meaning | | | | you by the notary has the exact same legal |
| "namely" or 'in particular' or L.S.- (Locus Sigilli) - for | | | | consequences as one given to you in a courtroom by |
| 'place of seal'. Both serve the same purpose. The | | | | the bailiff of the court (do you swear to tell the |
| "SS" does not require someone to enter | | | | truth......). False statements made on a notarized |
| their Social Security number at that location! Often | | | | document are a serious crime. Technically it is Perjury, |
| the preprinted notarization has an incorrect venue | | | | not something to take lightly. The role of the Notary |
| (typically where the property is located) as in a | | | | Public has a proud heritage. With the requirement for |
| mortgage. It is the notary's responsibility to correct | | | | ever greater security measures in our changing world, |
| the Venue to the actual State and County where the | | | | more frequent contact with the Notary Public is likely |
| document is to be signed. | | | | in the years to come.kenneth-a-edelstein. |