The Stamp With the Wrong Expiration Year
Priya renewed her New Mexico notary commission, which expires March 15, 2026, and ordered a new stamp. The stamp reads “Priya Nair, Notary Public, State of New Mexico, My Commission Expires March 15, 2027.” She did not notice the wrong year and used the stamp on nine acknowledgments over two weeks. One acknowledgment is on a real estate affidavit that has already been recorded with the county clerk. Another is on a will that the signer has taken home. Priya discovers the error when a title company calls to say the recorded affidavit may be rejected. She wants to cross out “2027,” write “2026,” and initial the change on the recorded affidavit. She also wants to re-stamp the will with a corrected stamp and mail it back to the signer, who lives two hours away.
1. Is Priya’s stamp compliant with New Mexico stamp requirements? What must the stamp show?
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No. A New Mexico official stamp must include the notary’s name as commissioned, the title “Notary Public,” “State of New Mexico,” and the commission expiration date, among any other required elements. Priya’s stamp shows an expiration date one year later than her actual commission expiration. That is not a minor typographical issue: the stamp affirmatively misstates when her authority ends. A person relying on the document could believe she remains commissioned through March 15, 2027, when she does not. The stamp must be accurate when used. Priya should stop using it immediately, obtain a corrected stamp, and destroy or clearly retire the defective one so it cannot be used again.
2. Can Priya correct the recorded affidavit by crossing out “2027,” writing “2026,” and initialing the change?
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No. A notarial certificate and official stamp should not be altered after the act by crossing out, writing over, or initialing the stamp. That kind of change makes it look as though the notary is editing the official record after the fact and undermines the integrity of the certificate. The recorded affidavit may be rejected by the recorder, title company, or court. Priya should notify the title company and, if appropriate, the recorder’s office about the defective stamp. A corrected certificate, if one is needed, must be prepared with the signer appearing again, with proper identity verification, a new certificate dated the actual date of the new act, and the correct stamp. She must not backdate the corrected certificate to make it appear that the original act was valid.
3. What should Priya do about the will and about future notarizations?
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Priya should not re-stamp the will and mail it back. She no longer controls the document, she cannot verify that the signer is appearing before her, and she cannot perform a new notarial act by mail. The signer would need to appear again, with the will, so Priya can verify identity, administer the acknowledgment, use the correct stamp, and make a new journal entry. The old certificate remains defective and should not be treated as corrected. For future acts, Priya should inspect every new stamp before use, confirm the name, title, state, and expiration date, and keep a sample of the approved stamp. If she discovers another defective stamp, she should document the affected acts, notify the parties, and avoid any after-the-fact alteration.