The Pre-Printed Certificate and the Mismatched Stamps
Marcus, commissioned in Washington County, is handed a warranty deed at a 4:40 p.m. closing. The title company supplied a pre-printed certificate reading: "State of Arkansas, County of Pulaski - Subscribed and sworn to before me on this ___ day of __, 20, by ________." The grantor's name line on the deed is blank and the legal description paragraph says "to be attached." Marcus carries two stamps. His current one reads "MARCUS T. HALE / Notary Public / State of Arkansas" with no commission number and no expiration date. His prior stamp includes every element but shows an expiration date that passed four months ago. The closer says, "Use whichever one - we'll fix the blanks Monday and drop it off."
1. Is the pre-printed certificate usable for a warranty deed? What has to change?
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No - it is the wrong type of act.
- "Subscribed and sworn to before me" is a jurat: it records that the signer took an oath. A deed of conveyance calls for an acknowledgment: the signer acknowledges executing the instrument voluntarily for its stated purpose. A jurat on a deed leaves the recording office without the required acknowledgment.
- The venue is wrong. The venue names the state and county where the notary performs the act - here Washington County, not Pulaski.
- The date line is blank, and the name line is blank.
Marcus should complete his own acknowledgment certificate reciting State of Arkansas, County of Washington, the date of the act, and the signer's name, then sign and seal it. He should not hand back a half-completed pre-printed form for someone else to finish later.
2. Which stamp is acceptable, and what must a valid Arkansas notarial seal contain?
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Neither. Arkansas requires the official seal or stamp to include:
- The notary's name exactly as commissioned,
- the words "Notary Public,"
- "State of Arkansas,"
- the notary's commission number, and
- the expiration date of the commission.
Marcus's current stamp is missing the commission number and expiration date. His old stamp has all five elements but states an expiration that has already passed, which affirmatively misrepresents the scope of his authority and is worse than an incomplete stamp.
He should not perform the act until he has a conforming stamp. The remedy is to order a correct stamp (and, in the interim, direct the parties to a notary whose seal is compliant) - not to pick the lesser of two defective seals. A certificate that cannot be tied to a specific commission by number and expiration date invites rejection at recording.
3. How should Marcus handle the blanks and the "fix Monday" instruction?
Read the worked answer
He should refuse to notarize the deed as presented.
- A blank grantor name and a missing legal description mean the instrument is not yet executed in final form. Once his certificate is attached, the page can be filled in by anyone: the blank name could become a different person, and "to be attached" could become any parcel.
- A notary's signature block is an official endorsement that this signer acknowledged this document. Notarizing an incomplete instrument converts that endorsement into a blank check.
The closer's plan is not a cure. When the deed is complete, the grantor can appear before Marcus (or any notary) and acknowledge it then; the certificate date must be that later date, not the original closing date. Marcus should note the refusal and the reason in his journal so the record shows why no act was performed.