The Incomplete Closing Journal and the Title Company Request
Denise is a notary commissioned in Oakland County, Michigan, with a commission that expires March 14, 2027. On February 3, 2026, she handled 14 acknowledgments at a mortgage closing. In her paper journal she recorded the date, each signer's printed name and address, and the fee, but she wrote "closing" as the act type, omitted the time for every entry, and omitted the identification type and number for three signers. She signed her own name in the notary-signature column but did not have the signers sign the journal. Eighteen months later, a title company asks for copies of the entries for two borrowers. Denise has moved, the journal is in a storage unit, and she wants to know whether she can redact the ID numbers, whether she must produce the journal, and how long she must keep it. She has no other notarial entries after February 3, 2026.
1. Identify the journal deficiencies and explain how Denise should correct or supplement the record without violating recordkeeping duties.
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Denise's journal is incomplete. A compliant Michigan notary journal entry should capture the date and time, the type of notarial act, the signer's name and address, the signer's signature, the identification type and number (or a note that identity was established by personal knowledge or a credible witness), and the fee. Writing "closing" is not a specific act type; she should have written "acknowledgment" for each. She cannot truthfully reconstruct missing ID numbers or times later. She should not alter the original entries. She may add a dated, signed supplemental note explaining the omissions and what she can verify, but she must not invent data. Going forward she should use a checklist and record each act contemporaneously. If the Act requires signer signatures in the journal, the missing signatures are another deficiency; she should note that they were not obtained and avoid repeating it.
2. May Denise provide the title company with copies of the two entries? What limits apply?
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The journal is not a public record that the title company can demand wholesale. Denise should release only the two relevant entries, and preferably only to the borrowers or to someone with their written authorization, or as required by subpoena or other legal process. She should redact identification numbers and any unrelated personal data, and she should log the request, date, recipient, and what was produced. If the title company is acting for the borrowers, she should get written consent or a lawful subpoena. She should not hand over the entire journal or let anyone browse it.
3. How long must Denise retain the journal, and what should she do if she cannot locate it?
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She must retain the journal for at least seven years after the last notarial act recorded, which here is February 3, 2033. Her commission expiration in 2027 does not shorten that period. If she cannot locate the journal, she should document a thorough search, preserve any storage or moving records, notify her surety or legal counsel, and not recreate or backfill entries. A lost journal is a records problem, not a reason to fabricate a replacement.