[WSBAPT] Notary fails to affix seal.

[Katrina Durkin]

I think you might try RCW 42.45.240: "Except as otherwise provided in RCW 42.45.020<http://app.leg.wa.gov/RCW/default.aspx?cite=42.45.020>(2), the failure of a notarial officer to perform a duty or meet a requirement specified in this chapter does not invalidate a notarial act performed by the notarial officer. The validity of a notarial act under this chapter does not prevent an aggrieved person from seeking to invalidate the record or transaction that is the subject of the notarial act or from seeking other remedies based on law of this state other than this chapter or law of the United States."

Katrina B. Durkin
Attorney at Law
Brothers & Henderson, P.S.
2722 Eastlake Avenue East, Suite 200
Seattle, Washington 98102
Phone: (206) 324-4300 x123
Fax: (206) 324-3106
e-mail:  katrinad at brothershenderson.com<mailto:katrinad at brothershenderson.com>
www.brothershenderson.com<http://www.brothershenderson.com/>
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Eric Nelsen
Sent: Monday, December 16, 2019 4:30 PM
To: jeff at bellanddavispllc.com; WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Notary fails to affix seal.

Notary stamp is a required part of the notarization per RCW 42.45.130(2)(a)-under current law, anyway. This is the new notary act, so I'm not sure about requirements under old law. I do know that under the old law, there were some "oaths" that notaries could take that didn't require a stamp, but I don't think that would include notarization of DPAs etc.

Interesting map showing which states require either an ink stamp, or an embosser, or neither:
https://notarypublicunderwriters.com/wp-content/uploads/2014/12/seal-requirements-maps.jpg

Older Washington law, you might check State v. Epstein, 138 Wash. 118, 244 P. 388 (1926); Melovitch v. City of Tacoma, 135 Wash. 533, 238 P. 563 (1925); Bloomingdale v. Weil, 29 Wash. 611, 70 P. 94 (1902).

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Jeff Davis
Sent: Monday, December 16, 2019 3:00 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Notary fails to affix seal.

Listmates,

Years ago an estate planning attorney created a Community Property Agreement, Wills, Durable Powers of Attorneys for Asset Management and Healthcare decisions.  This same attorney acted as notary.  Only the Wills contain the Notary seal on the self-proving affidavit.  Does a lack of the seal mean the Community Property Agreement can not be recorded; are the Powers of Attorney valid?

Jeff Davis

W. Jeff Davis, Esq.
BELL & DAVIS PLLC
P.O. Box 510
Sequim WA 98382
Phone No.:(360) 683.1129
Fax No.: (360) 683.1258
email: info at bellanddavispllc.com<mailto:info at bellanddavispllc.com>
www.bellanddavispllc.com<http://www.bellanddavispllc.com/>

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