Monday, May 11, 2009

Who is the client?

VA notaries requires government issued ID with photo to be used for identification. However, the photo on the driver's license may be significantly different from the client due the age of the photo, health changes of the client or the client is not the client. Recently, I was confronted with this situation. I requested additional ID and was presented with Canadian passport and Green Card with photo. Clearly, the client was the client.
I notarized an elderly client in a nursing home. She had a non driver VA ID with photo but the photo was old. After viewing various other items I concluded the client was the client. Another option would have two persons with ID with photo that did not have an interest in the transaction swear that the client is the client. However, I think that should be rarely done
All VA notaries have absolute authority to refuse a notarization if they have concerns about the identity of the signer. I do not go to the Fairfax Adult Detention Center. I would be totally clueless on how to sort through multi-identities of some of the residents. The Fairfax Detention Center has notaries on staff who are more familiar with their clients than I am.

Tuesday, May 5, 2009

Void Notarization vs Unaccepted notarization

A void notarization: 1) one done by non notary 2) one done with the signer not present 3) one done by by a vegetative client incapable of communicating with the notary or 4) a totally missing notary notarial certificate. An unaccepted notarization is one where one or more elements of the notarial certificate are missing. The missing elements can only be corrected by the original notary!!!Otherwise, the document needs to be reprinted and re notarized provided the signer is still competent and willing to sign. Va now require notaries to have a reproducible seal. However,a notarization done prior to this requirement are valid!!!!VA has assigned a number to each notary. Again notarization done prior to this requirement are still valid.VA also require all notaries renewing their commission to sign exactly the same name that appeared on their driver's license. Prior notarization are still valid and acceptable. Some countries require the notary commission to be valid through the term of the adoption process. The requirement is not a VA requirement and does not void the notarization or make the notarization unacceptable. However, this causes a client to shop around for a notary whose commission is not about to expire.

Monday, May 4, 2009

VA is not a State;it is a Commonwealth

Va is a Commonwealth not a State. This error will not void the notarization; however, the notary is solely responsible for stating the location of the notary act. No I do not waste my time notifying the various entities that get confused about this. Commonwealth was considered to be a friendlier form of government than a State.

When does VA DVM require notarization?

Normally, VA DMV does not require notarization for transfer of a title.However when you are buying a vehicle and paying less than the blue book value, you need go to a VA notary to get a jurat statement indicating the price you paid. Remember never lie to a VA notary. If you make a false sworn statement to a VA notary you are subject to criminal charge of perjury. Generally, if I get a call about VA DMV I am not needed. However in the case of PA and MD DMV a notary is needed if the vehicle is sold in VA

Friday, May 1, 2009

When does yes mean no!!!!

I had an elderly client who had signed my notary book and presented her VA ID to me.The two witnesses were present and I had determined the client know what she was doing. She then said no.Clearly yes meant no and I entered the not notarized into my book. There is a lesson here. Get the power of attorney done as earlier as possible People do age and they still have the right to say no. In this case it was a revocable power of attorney and the person requesting her to sign the document had been looking after her affairs for years.