Many states provide model notarial language in a general notary statute as well as in their statute relating to real property. In these circumstances, First American Docutech generally utilizes the model notarial language in the real property statute as it more closely relates to the products and services we provide.
The State of New Jersey recently adopted amendments to the Model Rule on Notarial Acts which includes new short form notarial language in addition to the existing notary language provided under the real property code. The New Jersey real property statute states that the use of the general notary statute language complies with the real property statutory requirements (see NJSA 46:14-2.1(e) and NJSA 52:7-19(b)(1)). Due to this provision Docutech recently modified our standard New Jersey forms to utilize the general statute notary language. However, in a few counties we have run into issues where they are not accepting the general notary language, despite the statute providing its compliance.
In order to accommodate this occurrence, we have decided to allow for either the general statute or the property statute to be used on our standard New Jersey documents that require a notarization. We are implementing a setting where clients can decide whether to use the general notary statute or the real property statutory language on their forms. The field 143245 “Notary Block Model Language” will be used to choose whether to have the standard general format or the real property format used. Please note that custom documents were not modified to include this new field. The impacted documents are:
•NJ Mortgage (Cx340)
•NJ Mortgage Second (Cx498)
•HELOC Mortgage – NJ (Cx1359)
•FHA NJ Mortgage (Cx19388)
•Compliance Agreement (Cx4)
•Occupancy Statement (Cx15)
•Manufactured Home Affixation Affidavit (Cx43)
•Signature/Name Affidavit (Cx865)
•Manufactured Home Limited Power of Attorney (Cx6874)
•Signature/Name Affidavit (NPE) (Cx7965)
•HomeStyle Renovation Loan Rider (Cx22294)
•HomeStyle Renovation Loan Agreement (Cx22295)
•FNMA Construction Loan Agreement (Cx22651)
•FNMA Construction Loan Rider to Security Instrument (Cx22653)
•Community Land Trust Ground Lease Rider (Cx23607)
•Irrevocable Stock Power – COOP (Cx4986)
•Loan Security Agreement – COOP (Cx4987)
•Cooperative Pledge Agreement (Cx22775)
•Cooperative Loan Recognition Agreement (Cx22776)
•NJ Assignment of Mortgage (Cx1540)
•NJ Assignment from MERS (Cx4336)
•NJ Assignment – INV BLANK (Cx4523)
This change will be in effect on February 5, 2022. If you have any questions or concerns about this change, please contact Client Support at 1.800.497.3584.
DR 365388