Posted by erinCA on 2/5/05 7:39pm
Msg #19527

CA acknowledgement and names question

I just attempted an acknowledgement notarization for a husband and wife whom I personally know. There were two issues that came up in the process that I was not sure what I should do.

The first issue:
Within the body of the document ("Covenant and Agreement Restricting Residential Use of Property"), the wife had written her husbands first and middle name and her first and last name. Example: John William and Barbara Smith. Both of their last names are Smith but because it was all written together, she just put the last name at the end. Is this going to be an issue? Do I write the names in the notarial section exactly as they wrote them in the document? I cannot find anything specific to this in my handbook.

The second issue:
The wife filled out the State of _____________ County of _______________ part of the notarial section on accident. I knew I should not cross anything out, so I wrote the state and county again above her writing. I've been thinking about what would be best to do in this situation, and I'm wondering if I should attach a seperate certificate.

Any help at all from California notaries would be greatly appreciated. I want to make sure this is done right! Thank you!

Reply by Hampton/CA on 2/5/05 8:01pm
Msg #19529

You're not notarizing the contents of the document. You're notarizing who appeared before you. I would enter their names as John William Smith and Barbara Smith, provided that their ID supports those names. Don't worry about how it's written in the document.

As far as the venue, I wouldn't worry about it if she wrote it in, as long as it was correct. Yes, she shouldn't have, but it doesn't really matter. We don't worry about a loan document ACK with the venue pre-printed, so don't worry about this.

Since you wrote the venue again, I'd cross out the one that Barbara wrote and initial the change.

Reply by CaliNotary on 2/5/05 8:01pm
Msg #19530

We're not expected to know what is the right or wrong way to complete the forms that we notarize. All you need to be concerned about is completing the notarization correctly, and writing each name individually is the correct way to do that.

As for her filling in the State of, County of, as long as it was correct, you didn't even need to correct it. Someone correct me if I'm wrong, but I don't think there's any regulation that says that has to be in our own handwriting.

Reply by erinCA on 2/8/05 4:39pm
Msg #19813

Thank you very much for your help! I was actually able to sleep after I read your posts. The notarization was completed correctly and everything is fine. Thanks again for your prompt replies. Erin