The Deed in the Car
Maria is a notary public commissioned in Erie County and works at a Buffalo bank. A man named Tom arrives with a deed transferring his mother’s house to him for one dollar. Tom says his mother, Rose, signed the deed this morning at home, but she is 78 and has a broken ankle, so she is waiting in the car. He gives Maria a photocopy of Rose’s driver’s license and asks her to “just stamp it” because Rose cannot walk inside. Maria has never met Rose. The deed identifies Rose as grantor and Tom as grantee. Maria’s stamp, seal, and certificate form are on the desk. Tom offers to pay an extra $20 for the convenience.
1. May Maria notarize Rose’s acknowledgment based on Tom’s request, the photocopied license, and the signed deed? Why or why not?
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No. An acknowledgment requires the signer to appear personally before the notary. Tom’s request is a proxy request; Maria cannot take Rose’s acknowledgment by having Tom carry the deed out to the car. A photocopy of a license is not a substitute for personal appearance, and even satisfactory identification would not cure Rose’s absence. Notarizing an absent signer would produce a false certificate, expose Maria to discipline, and make the deed easier to challenge. The extra $20 also cannot be accepted as a notarial fee.
2. If Rose later comes inside and asks Maria to take her acknowledgment, what steps and certificate elements should Maria use?
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Maria should verify Rose’s identity by personal knowledge or satisfactory evidence such as a current government-issued photo ID, confirm that Rose signed voluntarily and understands the deed, and take her acknowledgment. The certificate should show the State of New York and the County of Erie (where the act occurs), the date, Rose’s name, a statement that she personally appeared and acknowledged execution, and Maria’s signature, title, and compliant stamp. Maria should not administer an oath for an acknowledgment; the acknowledgment is not a sworn statement.