Bulletin: FL000010

Date:
May 29, 1992
To:
All Stewart Offices and Agents
RE:
New Notary Law

Dear Associates:

The new notary law which became effective January 1, 1992, has already been amended and the changes are effective immediately (April 16, 1992).

This is an opportunity to re-emphasize one particular aspect. I continue to see notaries that are not specific as to the identification which was taken and simply indicated that identification was taken. The exact language in the statute states:

"A notary public shall certify in his certificate of acknowledgment or jurat exactly what type of identification upon which the notary public is relying."

The following are the changes of which you should be aware.

The notary no longer has to indicate whether or not an oath is taken.

The law already provides that a notary may not notarize an incomplete document. The term "incomplete" is now given an exception which reads as follows: "However, an endorsement or assignment is blank of a negotiable or nonnegotiable note and the assignment is blank of any instrument given as security for such note (i.e., a mortgage) is not deemed incomplete."

The clause dealing with notarizing the signature of a person who has been adjudicated mentally incapacitated has been modified and now states that the notary cannot notarize such a signature when".. the notarization relates to a right that has been removed pursuant to F.S. 744.3215 (2) or (3) and that the person has not been restored to capacity as a matter of record."

The clause which prohibits taking the acknowledgment of a person related to the notary has been modified to specifically state that the related person would only include a spouse, son, daughter, mother or father of the notary public.

The notary public may not take a notarization when he is a party to the transaction. The clause has been clarified to provide that an employee of a party to the transaction is not thereby automatically disqualified unless he receives a benefit other than salary.

This is possibly the most important change because it changes the form of the notarization certificate which must now be substantially in the following form:

_________________________
(Signature of Applicant)

Sworn to and subscribed before me this _____ day of __________, 199__.

(Signature of Notary Public - State of Florida)
(Print, type or stamp commissioned name of
notary public)

Personally known: _____ or Produced Identification: ______
Type of identification produced: ________________________________________________

THIS BULLETIN IS FURNISHED TO INFORM YOU OF CURRENT DEVELOPMENTS. AS A REMINDER, YOU ARE CHARGED WITH KNOWLEDGE OF THE CONTENT ON VIRTUAL UNDERWRITER  AS IT EXISTS FROM TIME TO TIME AS IT APPLIES TO YOU, AS WELL AS ANY OTHER INSTRUCTIONS. OUR UNDERWRITING AGREEMENTS DO NOT AUTHORIZE OUR ISSUING AGENTS TO ENGAGE IN SETTLEMENTS OR CLOSINGS ON BEHALF OF STEWART TITLE GUARANTY COMPANY. THIS BULLETIN IS NOT INTENDED TO DIRECT YOUR ESCROW OR SETTLEMENT PRACTICES OR TO CHANGE PROVISIONS OF APPLICABLE UNDERWRITING AGREEMENTS. CONFIDENTIAL, PROPRIETARY, OR NONPUBLIC PERSONAL INFORMATION SHOULD NEVER BE SHARED OR DISSEMINATED EXCEPT AS ALLOWED BY LAW. IF APPLICABLE STATE LAW OR REGULATION IMPOSES ADDITIONAL REQUIREMENTS, YOU SHOULD CONTINUE TO COMPLY WITH THOSE REQUIREMENTS.

References

Bulletins Replaced:
None
Related Bulletins:
None
Underwriting Manual:
1.16 Acknowledgments
 
13.08 Notaries Public
Exceptions Manual:
FL Acknowledgments
Forms:
None