Adjunct Law Prof Blog

Editor: Mitchell H. Rubinstein
New York Law School

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Thursday, January 27, 2011

President Obama Vetoed National Notary Legislation

The President  recently vetoed HR 3808 which would have allowed state and federal courts to recognize notary signatures from other states. I cannot imagine why the President did this. It makes perfect sense to recognize notaries from the several states.

Mitchell H. Rubinstein 

http://lawprofessors.typepad.com/adjunctprofs/2011/01/president-obama-vetoed-national-notary-legislation.html

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Comments

The bill wouldn't have "allowed" recognition, but would have required it. One reason the bill was vetoed was the robo-signing mess in home foreclosures. The bill would have made it difficult to challenge whether a purported notary's signature from another state was genuine. Courts already accept notarized statements from other jurisdictions, usually without any questions.

Posted by: Josh Ard | Jan 31, 2011 8:46:39 AM

President Obama's veto memorandum reads:

"It is necessary to have further deliberations about the possible unintended impact of H.R. 3808, the 'Interstate Recognition of Notarizations Act of 2010,' on consumer protections, including those for mortgages, before the bill can be finalized. Accordingly, I am withholding my approval of this bill. (The Pocket Veto Case, 279 U.S. 655 (1929)).

"The authors of this bill no doubt had the best intentions in mind when trying to remove impediments to interstate commerce. My Administration will work with them and other leaders in Congress to explore the best ways to achieve this goal going forward.

"To leave no doubt that the bill is being vetoed, in addition to withholding my signature, I am returning H.R. 3808 to the Clerk of the House of Representatives, along with this Memorandum of Disapproval."

Posted by: C | Feb 2, 2011 11:20:11 AM

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