By Elliott Topkins, Esquire
4/21/11
The function of the notary public is important, and the duties of the notary have been recently updated and reformed. Many of the changes have been dictated by shoddy and, basically, dishonest and unethical practices which had slowly crept into notary public practice. The notary public is an appointed state official, and as such, takes an oath to administer his or her position honestly.

Among other things, abuses by notaries public were noted in the following areas:
• Notaries were “back-dating” documents. That is to say, they were indicating that a document was signed yesterday, when, in truth, the document was signed today. This practice often arose in the mortgage industry where the borrower’s “locked-in” interest rate was expiring, and the closing needed to take place in the past to retain the locked-in rate. For the record, there is no justification for “back-dating” in any situation, and the only attorney who went to jail in the aftermath of the Watergate scandal was an attorney who “back-dated” Richard Nixon’s gifts of his personal items to his library.
• Notaries were taking acknowledgements over the phone, and saying that the person was personally present when he or she was not. Notaries were doing this for friends and relations. For the record, there is no justification for taking someone’s acknowledgement unless the person is physically present.
• Notaries were doing sloppy work. They were not filling in the “blank line” for identification. Appropriate “fill-ins” for this line are a driver’s license or passport with a photo, or a simple statement of “personal knowledge.” For the record, not filling in this blank can cause havoc when titles are examined. I have recently experienced a title review where a nominee trust required re-execution because the notary public had not filled in the blank with the entries described above. There is a bankruptcy case on record where the court “voided” an otherwise valid mortgage, because the proper insertions were not included. This insertion is, therefore, essential to a valid acknowledgement. The notary public needs to make sure that every document he or she notarizes contains same, or he or she will be doing a disservice to the client he or she is attempting to assist.

Many of us, who are real estate professionals, also serve as notaries public. We, generally, do this so we can assist the documentation process which leads to successful real estate sales and other transactions. I am available to any of the readers to notarize your documents without any charge. You may call me at (781) 849-5906 or e-mail me at the e-mail address set forth below. All I will require is a photo identification issued by a governmental agency, and I will do the rest. I hope to hear from many of you, and welcome the opportunity to be of service.

(Mr. Topkins is an attorney with Topkins & Bevans, Braintree Executive Park, 150 Grossman Dr., Braintree, MA 02184. His blog can be found at http://realtorsresourceblog.com. His e-mail address is etopkins@topbev.com.)