Notary Signing Agents are often asked by title companies and signing services to include extra signed and stamped notarial certificates in the completed loan packages they return after an appointment.
The reason given is that the company wants extra certificates to rectify any mistake the NSA made in completing a notarial certificate on the mortgage, deed of trust or other notarized document in the loan package without having to send the entire document back for the NSA to correct. That would take precious time that could delay the closing of the transaction.
But this is a problem for NSAs. Sending extra loose certificates that have been pre-stamped and pre-signed is a violation of Notary law.
State laws and extra Notary certificates
Many states address the issue of sending pre-signed, pre-stamped certificates, but they do it in different ways.
- Some states, such as Florida, outright prohibit the practice.
- Other states, such as California , require Notaries to complete the certificate at the time they sign and affix their seal. Notaries in these states who fail to do this can have their commissions suspended or revoked, and California Notaries could be fined.
- Still other states’ laws, as in Mississippi, say that a certificate must be completed “contemporaneously” with the performance of the notarial act, not before or after.
NSAs in states that do not have one of these explicit laws should follow the established professional standard of practice against providing these extra certificates to clients. In fact, much of the mortgage industry already recognizes that requests for extra certificates are inappropriate. The Notary Signing Agent Code of Conduct, drafted by the Signing Professionals Workgroup, specifically prohibits NSAs from complying with such requests.
Saying no to your client
As much as you might not want to, you will have to say “no” to any client who asks you to send extra certificates. Simply explain that it is against the law. Every certificate you complete must be attached to, related to, or connected to a specific document.
You also can remind the client that if an unattached certificate were to be used for fraud, they could be named in a lawsuit.
Related Articles:
When and how to use a loose certificate
Additional Resources:
Signing Agent Tools