Tuesday, March 09, 2004

Today's Registers' meeting was dominated by a lively discussion on the governor's recent executive order regarding notaries. Many registers - certainly the majority - plan to reject documents with notary clauses that do not strictly comply with the format set out in the executive order. In Lowell, we plan a much less restrictive interpretation. In our view, the executive order is directed at notaries and clearly tells them how to perform certain tasks. Those of us who are notaries will comply explicitly with the order when notarizing documents. The order is silent as to the effect of any deviation from the order's standards on the recordability of a document with a non-complying notary clause. In my view, the notary involved would have violated the order, but the document should not be rendered unrecordable. But as I said, when the order goes into effect on April 19, you can expect to have some of the documents you present for recording at some registries rejected due to noncompliance with the executive order. More on this tomorrow.

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