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WWYD Answer: The Case Of The Missing Figures

Sign-Here.jpgOn Dec. 19 we posed a scenario, The Case of the Missing Figures, about a Notary who was asked by a signer to notarize a promissory note that was missing critical information, including the final loan amount. The Notary refused to notarize the incomplete document, but the signer kept insisting. The question is: Was the Notary correct in refusing the notarization, and what explanation should be given to the signer?

Notaries nationwide weighed in on the NNA Facebook page, including several California Notaries — Lynell HoldenMarian HarmonVerne Gordon, and Janice Leigh, to name a few— who cited state laws forbidding Notaries from notarizing incomplete documents. Virginia Notary Susan Kehoe-Sutphin, Arizona Notary Melodye Davis, and Clara Williams all agree: Incomplete documents = no notarization. Period.

Florida Notary Linda Hubbell further noted that it’s the Notary’s responsibility to scan documents to ensure there are no blank spaces, and Sylvia Henderson Crouse said she’d have the signer call the lender and inform him that the transaction could not be completed until all blanks were filled in completely. Dolly Thornton cited the possibility for fraud as her biggest reason for not notarizing the document, as someone could easily fill in the wrong amount at a later date.

Here’s what the NNA Hotline had to say:

Promissory notes do not typically require notarization, but, if they do, the same rules apply as with any other document: the document must be filled out completely in order for the Notary to perform the notarization. Notarizing an incomplete document exposes the signer to fraud, so no official instrument, including a promissory note as used in this example, should ever be notarized unless it is entirely completed and there are no blank spaces.

While the lender and borrower may have agreed upon an amount, there is no way to know what amount will be used in the final note. The lender could, in fact, write in a much higher amount at a later time (or a borrower a lesser amount), resulting in a legal conflict. In such a case, it is not unusual for the Notary to be brought in to testify in the legal proceedings.

To avoid potential liability, a diligent Notary must always ask the signer to fill in any blank spaces, or ask the signer to take the document to the appropriate issuing agency and have them complete it. If the blank spaces are inapplicable, then the Notary can ask the signer to line through the space or write “NA” in the blank areas.

Kelle Clarke is a Contributing Editor with the National Notary Association.

1 Comment

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iz

04 Jan 2017

My Mother was the victim of the WAMU loan fraud. I noticed the massive amount of notary fraud wasn't much of a problem until 2004 and 2005. It isn't really notaries per say. It's the Bank notaries who are out of control, but in all honestly, they're making all notaries look bad. Millions of people have lost their homes because of robo-signing and notary fraud, and I can tell you for sure, many of those people are now wary. Of both Banks & Notaries. The Bank had mailed my mother her documents, so she never signed a single thing in front of a notary, yet the copies were notorized on the same day she signed them, which is impossible since the mail takes 2 - 3 days, each way. In California, I thought a thumb print was necessary for Deeds. If not then it should be.

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