Updated 5-17-23. I overlooked putting my Notary stamp on a deed of trust. How do I correct my error? This was a couple of months ago and now they are asking me to mail a new acknowledgment so they may record the deed of trust. — J.O., North Dakota
The way to correct the error is to ask for the original deed of trust to be returned to you so that you can add the seal and initial and date the correction. Or, to have the party appear before you again with a new deed of trust.
A Notary should never send an unattached, signed and sealed, certificate form through the mail, even if requested to do so by the lender or a signer who previously appeared before the Notary. These actions may facilitate fraud or forgery, and they could subject the Notary to lawsuits to recover damages resulting from the Notary’s negligence or misconduct.
In California, the Secretary of State has clarified that, when a mistake in a Notary certificate is discovered after the signer and Notary have left each other’s presence, the signer and Notary must meet again, the Notary must perform a brand new notarization and the Notary must complete the Notary certificate with the current date.
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
Confronted with a tricky notarization? Unsure how to proceed? NNA members have unlimited access to our expertly trained NNA Hotline counselors to help you with all of your notarial questions. Call 1-888-876-0827, Monday through Friday, 6 a.m. to 6:00 p.m. PST; Saturday, 5 a.m. to 5 p.m. PST.
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