The Old Stamp, the New Expiration Date, and the Handwritten Fix
Priya's Iowa notary commission expired on February 28, 2025. She renewed promptly, and the Secretary of State issued a new commission effective March 15, 2025, with a new expiration date of March 14, 2028. Priya still has her old stamp, which reads: 'Priya N. Shah, Notary Public, State of Iowa, Commission No. 123456, My commission expires 2/28/2025.' On March 20 she notarizes a mortgage acknowledgment for a refinance. She realizes the stamp shows the old expiration date, so she draws a line through '2/28/2025,' writes '3/14/2028,' and initials the change. The county recorder rejects the mortgage. Priya says the stamp is 'basically correct' because her commission number did not change and the new date is written on the document. The lender asks whether the mortgage can be recorded as is or whether the notarization must be redone.
1. Why did the recorder reject the mortgage? Evaluate the stamp under Iowa's official stamp requirements.
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The recorder rejected it because the official stamp did not show the correct commission expiration date at the time of the notarial act. Iowa requires the official stamp to include the notary's name, the words 'Notary Public,' the words 'State of Iowa,' the commission number, and the commission expiration date. A stamp bearing an expired date does not comply, even if the notary has renewed. The handwritten strike-through and initials do not cure the defect. A stamp is supposed to be a single official imprint; altering it by hand makes the document look altered and does not produce a compliant stamp. The commission number staying the same is not enough. The date element was wrong, and the recorder was entitled to reject the document.
2. What must Priya do before notarizing again, and can she simply keep using the old stamp until it runs out of ink?
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Priya must obtain a new official stamp that shows the current expiration date, March 14, 2028, along with her name as commissioned, 'Notary Public,' 'State of Iowa,' and her commission number. She should stop using the old stamp immediately; saving ink is not a legal justification for an incorrect stamp. She should destroy or retire the old stamp so it cannot be used by mistake. Before each notarization she should check that the stamp is legible and that the expiration date matches the active commission. If the stamp becomes illegible, she needs a replacement rather than handwriting over the imprint. She should also keep a record of when she began using the new stamp.
3. If the mortgage is re-notarized, does the borrower need to sign again?
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The borrower does not necessarily need to sign a new signature, but the borrower must appear before the notary and acknowledge the existing signature. An acknowledgment is not a signature guarantee; it is the signer's appearance and acknowledgment. Priya should prepare a new certificate with the correct date and stamp, and the borrower should personally appear and acknowledge the mortgage signature. Priya should not alter the old certificate or backdate the new one. If the borrower cannot appear, the notarization cannot be corrected by Priya alone. The lender should be told that the old certificate will not be used and that a fresh acknowledgment is required before recording.