The Notary Public whose ink bled through my document doesn't know what measures to take in amending her mistake, so she allocated my document forwarding it to another notary who may be more skilled in addressing ink bled mistakes.
The original notary was informed all she had to do was attach an All Purpose Acknowledgement and apply her seal on this attachment. The notary question the time lapse between the notarized document in which was a quit claim deed notarized two years ago. She is under the impression that quit claim deed reached its expiration at the time her seal expired in 2011.
I stated I would call-California Secretary of State, Debra Bowen, Notary Public Department, to help with this matter. The notary replied this action was not necessary.
What should I do?
Based upon the complicated set of facts revealed in your prior post, you really need to see a California probate attorney. Your situation is way beyond the issue of just recording a Quitclaim Deed.
Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.
The quit claim deed did not expire because the notary's seal (commission) expired years after she stamped your document. Notaries must renew their commissions every few years, depending on the state. Think about it: if you bought a house in 1998, would your deed be invalid in 2012 because the notary's stamp expired in 1999?
I agree with Mr. Chen. A notary public is not qualified to determine the legal significance of a bleed-through onto another document. Spend a few minutes with an attorney who does a lot of real estate or probate work. You may be relieved to learn that you don't have a problem with your document. Or, if your document is defective, the lawyer can advise you what to do about it.
Rani K. Sampson is a Washington lawyer. All answers are based on Washington law. All answers are for educational purposes and no attorney-client relationship is formed by providing an answer to a question.
As both attorneys stated this is a legal problem. Get with a good real estate lawyer to look over the document and do what is required to rectify this situation.
Hope this helps.
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