Ask Experts Questions for FREE Help !
Ask

Notary public Is is valid

Asked Jan 21, 2010, 06:16 PM — 5 Answers
I have a document that reads " In witness Whereof, the parties have hereunto set their hands and seals this 21st day if February 1938" and it is signed by the individual.

Then the notary public states " On this 24th day of February, 1938, before me personally appeared Wootonbooton, to me known and known to me to be the same person described in and who executed the foregoing instrument, and he duoy acknowledged to me that he executed the same" XYZ, Notary Public, Bergen Cty.

With the two dates being different, 21st and 24th, does this make this document invalid? (Please tell me Yes)
Thanking you in advance.

5 Answers
Fr_Chuck's Avatar
Fr_Chuck Posts: 72,597, Reputation: 37021
Expert
 
#2

Jan 21, 2010, 06:39 PM


It may allow it to be challenged, it is not invalid just because of this, the agreement would have been written on a specific date, but not signed till another date a few days latter.

It would help to know what type of contract it is,
Since of course was the contract acted on, was other agreements done after this to, to change the terms and so much more
Helpful
ebaines's Avatar
ebaines Posts: 10,033, Reputation: 5529
Expert
 
#3

Jan 22, 2010, 07:39 AM
I agree with Fr_Chuck - quiite often a contract is dated as effective on a certain date, but with multiple parties having to sign and the delays of sending the document via mail from one party to the next the actual signature dates are quite often different.
Helpful
twinkiedooter's Avatar
twinkiedooter Posts: 12,172, Reputation: 6046
Uber Member
 
#4

Jan 22, 2010, 03:22 PM
This would not be considered invalid as the notary probably had the correct date when he notarized the document. The date the notary always uses is the date the notary witnessed the signatures - not the date contained within the document itself. The notary is only attesting to the fact that the individual signed the document on such and such date in front of him and nothing else. This in itself does not invalidate the document.

Lots of times documents are made up days or even weeks in advance and the individuals who sign this may not have been available the date the document was prepared. Happens all the time. I've notarized documents that had dates as much as a month prior to the individual signing it.
Helpful
ScottGem's Avatar
ScottGem Posts: 57,988, Reputation: 28100
Computer Expert and Renaissance Man
 
#5

Jan 22, 2010, 03:41 PM


The wording of the notary is clear. The notary is not saying they witnessed the signature. They are saying that the signator was known to them and attested to signing the document. The notary may not have witnessed the sgnature, but is verifying that the signator acknowledged signing the document.
Helpful
wootonbooton's Avatar
wootonbooton Posts: 5, Reputation: 1
New Member
 
#6

Jan 22, 2010, 04:33 PM
Thank you for your replies. It is now very clear to me.
Helpful

Not your question? Ask your question View similar questions

 
Thread Tools Search this Thread
Search this Thread:

Advanced Search

Add your answer here.

Remove Text Formatting

Undo
Redo
 
Decrease Size
Increase Size
Bold
Italic
Underline
Align Left
Align Center
Align Right
Ordered List
Unordered List
Decrease Indent
Increase Indent
Insert Email Link
Wrap [QUOTE] tags around selected text
Wrap [CODE] tags around selected text
Wrap [HTML] tags around selected text
Wrap [PHP] tags around selected text
Wrap [YOUTUBE] tags around selected text
Notification Type:



Check out some similar questions!

Is old valid b1/b2 still valid travel doc if new h4 is stamped? [ 3 Answers ]

Hi, I am an Indian citizen currently in the US on h4 visa valid until 1st Oct 2009. My husband is currently on an h1b. I also have a stamp of b1/b2 valid till 2013 (the stamp has not been cancelled or striked out) on my older passport. (both the visa's were stamped on my older passport, since...

Notary Bond [ 1 Answers ]

I was required to become a notary at a job I no longer work at. They paid for the bond. Am I ok performing as a notary? I know that I will have to obtain a new bond when my commission expires (09). State of Alabama Thanks.:)

Can one who is a covicted felon with a suspended sentence become a notary public [ 9 Answers ]

Can a person who is a convicted felon with a suspended sentence become a notary public... Missouri & kansas


View more Real Estate Law questions Search