Tuesday, August 14, 2012

Notary seal

On May 25, 9:04 am, Tony Sivori <TonySiv...@yahoo.com> wrote:
> I bought a house this month. The bank's closing attorney, who is also a
> notary, failed to apply his seal to my signature on the deed. He did sign
> on the appropriate line, and he filled in the line showing the expiration
> date of his commission.
*  *  *
> Should I ask them to refile the deed so the copy at the courthouse has the
> proper seal on my signature?

Not enough information.  For one, you don't say what state you're in (other than a state of confusion and anxiety).   If the deed is valid without the seal on buyer's signature under your state's laws, it doesn't really matter.   What really matters is that the _seller's_ signature, turning over title to you, be properly authenticated by whatever means your state requires, and you admit that was done.

For another thing, there are different kinds of "seals."   Often it is just the letter "S", sometimes between two slashes like this: "/S/", printed at the end of the line for your signature, thus:

_________________________________/S/
John Doe, Buyer

Or, if the notary used a rubber stamp containing his name, notary number and jurisdiction, and date of expiration, that is a legal "seal" just as much as the kind made by a raised-paper press,. which I assume is the kind the seller's notary used.   I imagine if you found a notary old-fashioned enough to want to use red sealing wax, sticking his seal ring into the hot wax to make an impression, that would do the trick too.    Or a Chinese-style chop (wooden stamp) in red ink, or an ancient Egyptian cartouche (roller or button seal, often worn as a necklace) used to make an impression of the bearer's name in hieroglyphic characters; i.e. whatever it is that the particular notary uses to indicate "his seal."

But if in doubt, and not satisfied with the bank's explanations, you certainly have the right to ask the bank's lawyer to do it over again for you and re-file the document.   Just make sure that won't have some other adverse consequences for you, since it will change the filing date of the deed.   Good luck,

--
This posting is for discussion purposes, not professional advice.
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I am not your lawyer, and you are not my client in any specific legal matter.
For confidential professional advice, consult your own lawyer in a private communication.
Mike Jacobs
LAW OFFICE OF W. MICHAEL JACOBS
10440 Little Patuxent Pkwy #300
Columbia, MD 21044
(tel) 410-740-5685      (fax) 410-740-4300

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