Sending A Completed, Loose Certificate Not Allowed

I notarized a deed that had an area at the bottom of the page for the seal. When the escrow received it, the expiration date on the seal image had become illegible. The escrow company asked me to send a loose certificate with my stamp. I told them that I need another signature on the loose certificate but they said I did not.  What is the best practice in this situation? – T.T., Los Angeles, CA

You may not send a loose certificate in the mail; the certificate must be endorsed on or attached to the document (Government Code section 8205[a][2]). The Secretary of State could fine you $750 for doing this. The escrow should send the original document back to you. In its January 2014 Notary Newsletter (see page 2), the Secretary has clarified that in order to correct a notarial certificate, you must meet with the customer again and re-notarize the customer’s signature.

The California Secretary of State has said that if you must correct a Notary certificate and you are no longer in the presence of the signer, you must perform an entirely new notarization. That means going through all the required steps for a notarization, including properly identifying the signer, completing a new certificate and recording a new journal entry.

For more information about this subject, watch our short video below.

Hotline answers are based on the laws in the state where the question originated and may not reflect the laws of other states. If in doubt, always refer to your own state statutes. – The Editors