The Photocopy, the Phone Call, and the Backdated Acknowledgment
Denise is commissioned in Pulaski County and works at a Little Rock title agency. On a Tuesday, her brother drops off a deed of trust conveying Arkansas property owned by Ruth, a 79-year-old Tennessee resident who stayed home in Memphis. He hands Denise the document already signed by Ruth, a photocopy of Ruth's Tennessee driver's license that expired eight months ago, and Ruth's cell number. "Call her - she'll confirm she signed it," he says. He also asks Denise to date the acknowledgment two Fridays ago, "because that's when Ruth actually signed," and to use the agency's corporate seal because Denise's own stamp is at home. Denise has never met Ruth and has no prior dealings with her.
1. May Denise notarize the deed of trust by calling Ruth and relying on the photocopied ID? Explain the failure point.
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No. The defect is personal appearance, not the ID.
- A notarial act requires the signer to appear personally before the notary at the time of the act. A speakerphone call is not appearance; Denise cannot see Ruth sign or hear her acknowledge the signature firsthand.
- A photocopy of an ID is not something the notary can examine: Denise cannot compare the photo to a live face, feel the card, or check security features.
- Denise also has no personal knowledge of Ruth to fall back on.
Practical fix: decline. Because the property is in Arkansas but the signer is in Tennessee, any commissioned notary where Ruth actually is can perform the acknowledgment; the certificate simply recites that notary's own state and county in the venue.
2. Suppose Ruth instead drives to Little Rock and appears in person with the same license, expired eight months ago. What must Denise evaluate, and what should she record?
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With appearance satisfied, the question becomes satisfactory evidence of identity. Arkansas follows the Revised Uniform Law on Notarial Acts model, under which an identification credential (government-issued photo ID such as a driver's license or passport) may be current or expired not more than three years. An eight-month-old expiration therefore does not by itself disqualify the license.
Denise must still actually do the verification:
- Examine the card, compare the photo and the signature on it to Ruth in front of her.
- Confirm the name matches the name on the document.
- Satisfty herself Ruth understands the act - not merely that she says "yes."
- Record in her journal the ID type, issuing authority, number, and expiration date.
If any doubt remains, she may instead use a credible witness who personally knows both Ruth and Denise, appears, and swears to Ruth's identity.
3. What is wrong with the backdating request and with using the agency's seal?
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Backdating: the certificate date must be the date the notarial act is performed - the day the notary witnesses the acknowledgment. The date the signer put pen to paper is a different fact and can be shown by a signature-date line, a recital in the document, or testimony. Writing an earlier date falsely certifies when the notary acted, is a prohibited act, and exposes Denise to discipline, civil liability, and a claim on her bond. If the parties need the earlier signature date reflected, they should re-execute or add a dated signature block.
Seal: a notary must use her own official seal, in her possession, applied at the time of the act. The corporation's seal is not a notarial seal and does not identify the officer. Borrowing it also means the certificate carries no commission number or expiration date tying it to Denise. She should retrieve her stamp or decline the act.