Recently I notarized a special power of attorney in Santa Clara, California with a homeowner. The power of attorney notary wording in the acknowledgement was out-of-date. If I used it the lender may have rejected it, which would delay the closing of purchasing their property. She was scheduled to leave town the next day. The following day loan documents for the purchase of their new house would be signed by her attorney in fact in another county at the escrow/title office. The seller, the movers and the borrowers were operating with the property closing on a specific date.

If I used the out-of-date notary acknowledgement and the lender rejected the power of attorney, there may have been some delay with the loan document execution. I would have to hand deliver the executed notary acknowledgement to their office immediately. If I was unable to hand deliver it immediately, there would be a delay in the closing of the property which would add more stress to the seller and borrowers by changing scheduled dates for items such as insurance, movers and utilities. In addition, there would be additional costs such as interest for the borrowers. There may be other costs involved.

In a different situation, I have seen this occur where another notary executed a power of attorney using the outdated notary acknowledgement. The bank rejected it because of the out-of-date notary acknowledgement. I was called to re-notarize the power of attorney using the correct notary acknowledgement. The additional stress is unfortunate when this happens to people, as usually they are already experiencing a lot of stress with why the person signing the power of attorney is unable to manage or handle financial themselves.

I am a member of the National Notary Association which keeps me up-to-date on new notary laws through their monthly publications. I am also a member of Notary Rotary, 123Notary.com and Golden State Notary which also keep me up-to-date on notary laws and industry changes. They also have notary forums where notaries from around the country share and discuss notary public matters. These organizations are focused on providing notary public education, supplies and platforms for notary publics to grow professionally.

When you have important documents such as a power of attorney requiring notarization, do you have a knowledgeable notary public you can call?

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