Sunday, March 18, 2018

Misinformation on Signing by Mark or X

Visit the Texas Notary Professionals Directory if you are seeking a mobile notary in Texas!

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For Texas notaries, there is more misinformation online than accurately stated information relating to signing by mark or signing by X. 

I'm looking at two handbooks on my desk in which both have stated a complicated manner of handling the signature of a person who writes an X as his signature.  Both have copied sources (that have copied other sources) from the 1980s--that's 30 to 40 years ago!

The Texas Secretary of State's FAQs says:
Are there restrictions on the way an instrument is signed?
A notary must sign the notarial certificate using the same name that is listed on the commission issued by the secretary of state. However, as long as the name matches, the signature of the notary may be printed, written, typed, stamped, etc.

The individual signing the document may sign in whatever manner he/she chooses.

The name or manner of signing used by the signor is not the responsibility of the notary public. However, the notary public does have a responsibility to make sure that the information contained in the notarial certificate is accurate. For example if John Doe appears before a notary public and signs the instrument with an “X” the notary public should still state in the notarial certificate that John Doe personally appeared on a given date.

In 2014, while editing a handbook for a client, I found this Tex. Gov't Code §311.005(c) which clued me in that Texas law didn't require a person signing by mark  to be treated differently than a person who signed with perfect penmanship:

Tex. Gov't Code §311.005
(6) "Signed" includes any symbol executed or adopted by a person with present intention to authenticate a writing.
      (Note:  italics added by me.)

To me, that sounds like the signer who writes an X or a symbol is the same as any other signer--I'm not lawyer, but that's what I draw from these two items. 

Over the years, I have observed (and experienced) that notary website owners are writing for search engine content--banging on certain keywords to bring shoppers to their supplies section over and above providing accuracy.  There is no problem with that as long as the correct information is provided.

I have also experienced (as an editor) while working with writers that some are more interested in boasting about what the author believes, not producing a guidebook that is accurate.   In fact, the more complicated and frightening some writers can make your duties sound, the better, for some reason. Your actions do indeed have consequences, for both you and the signer.  However, you can't learn in a frenzy of fear.  And, if you are informed and careful, you won't make errors.  

Become an INFORMED Texas notary today!



My best advice to you is when in doubt, go to the Texas Secretary of State's Notary Public Unit for correct information. 

Notary Public Unit: (512) 463-5705
Notary Public Unit FAX number: (512) 463-5255

The Notary Public Unit processes notary public applications. Upon qualification, a notary public is mailed a four-year commission. This unit is also responsible for processing the notary public complaints received and distributing an educational notary public video. Questions/Comments may be submitted by contacting our Notary Public Unit.

Unit Mailing Address:
Notary Public UnitSecretary of StateP.O. Box 13375Austin, Texas 78711-3375

The Texas Secretary of State or your own attorney is the only source that can lead you in the right direction with certainty.

If you are seeking information about how to handle signing on behalf of a person who cannot sign for her- or himself, please consult 

Sec. 406.0165.  SIGNING DOCUMENT FORINDIVIDUAL WITH DISABILITY. 

(a) A notary may sign the name of an individual who is physically unable to sign or make a mark on a document presented for notarization if directed to do so by that individual, in the presence of a witness who has no legal or equitable interest in any real or personal property that is the subject of, or is affected by, the document being signed. The notary shall require identification of the witness in the same manner as from an acknowledging person under Section 121.005, Civil Practice and Remedies Code.

(b) A notary who signs a document under this section shall write, beneath the signature, the following or a substantially similar sentence:

"Signature affixed by notary in the presence of (name of witness), a disinterested witness, under Section 406.0165, Government Code."

(c) A signature made under this section is effective as the signature of the individual on whose behalf the signature was made for any purpose. A subsequent bona fide purchaser for value may rely on the signature of the notary as evidence of the individual's consent to execution of the document.

(d) In this section, "disability" means a physical impairment that impedes the ability to sign or make a mark on a document.

Visit the Texas Notary Professionals Directory 

if you are seeking a mobile notary in Texas!

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