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Louisiana notary question
Posted on 12/1/18 at 5:09 pm
Posted on 12/1/18 at 5:09 pm
Real estate act of sale between two parties, signed on separate pages. Vendor signed with witnesses but notary neglected to affix his signature. Vendee's signature is properly notarized. Nobody noticed until the certified copy came back from the clerk of court, where apparently they didnt notice it either.
Is another deed necessary, or can the notary file an affidavit of correction stating he officiated at the signing? Careless mistake but shite happens. Parties live out of town so getting them all back together or mailing back and forth would be a hassle.
Is another deed necessary, or can the notary file an affidavit of correction stating he officiated at the signing? Careless mistake but shite happens. Parties live out of town so getting them all back together or mailing back and forth would be a hassle.
2
Posted on 12/1/18 at 5:24 pm to Jim Rockford
That's an extremely detailed question. Even as an attorney, I'm not comfortable answering it, as it's outside of my specialty. Have you asked the notary this question? It's literally their job to know the answer.
Posted on 12/1/18 at 5:30 pm to Joshjrn
Wont be able to talk to them until Monday. I'm just wanting to get an idea of what we're dealing with.
The deed was signed on the same day, but the parties came in at different times. Vendors signed first which is the one the notary didnt sign. Vendees signed afterward. Apparently the notary put it aside after the first signing and didn't double check after the second, nor did anyone at the clerk's office.
The deed was signed on the same day, but the parties came in at different times. Vendors signed first which is the one the notary didnt sign. Vendees signed afterward. Apparently the notary put it aside after the first signing and didn't double check after the second, nor did anyone at the clerk's office.
Posted on 12/1/18 at 7:23 pm to Jim Rockford
If the notary witnessed the signature, he or she can notarize it now.
Posted on 12/1/18 at 7:53 pm to geauxpurple
After its been recorded?
Posted on 12/1/18 at 8:27 pm to Jim Rockford
If you can obtain the original I don't see any reason why the document can't be completed and re- recorded. Edit: This is assuming the Clerk of Court allows you access to alter the original. Don't worry. It can be fixed.
This post was edited on 12/1/18 at 8:57 pm
Posted on 12/1/18 at 8:30 pm to Jim Rockford
You can do an Act of Deposit attaching an executed signature page with the Vendors,two witnesses, and Notary ...Act of Deposits add to the original doc
This post was edited on 12/1/18 at 8:35 pm
Posted on 12/1/18 at 9:40 pm to SlowurRole
Thanks guys.
Posted on 12/1/18 at 11:52 pm to Jim Rockford
Was this done at a title company or an independent notary? Should be an easy fix either way.
Posted on 12/3/18 at 10:50 pm to LSU1018
Just saw this. Excellent answers. Pretty crazy that they missed their own signature on one of the most important part of a closing.
Before someone tries to blame an indie notary versus title company, I’ve seen hard up/overbooked title companies locally pull in Notaries off the street to handle their volume in house. Within the last 60 days. It’s not necessarily a competence issue. It could’ve been a ton of issues.
I have a small, consistent book of folks I handle overflow/double bookings for. They don’t always need someone but when I’m not available and they’re stretched thin, mistakes happen. Heck I’ve made them a time or two over the past few years.
No one on this Earth is infallible.
Before someone tries to blame an indie notary versus title company, I’ve seen hard up/overbooked title companies locally pull in Notaries off the street to handle their volume in house. Within the last 60 days. It’s not necessarily a competence issue. It could’ve been a ton of issues.
I have a small, consistent book of folks I handle overflow/double bookings for. They don’t always need someone but when I’m not available and they’re stretched thin, mistakes happen. Heck I’ve made them a time or two over the past few years.
No one on this Earth is infallible.
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