Posted by Rob_NoCal on 7/14/05 11:57am
Msg #52065

Proper Wording

So I'm doing a refi requiring 4 notorizations....of course the DOT will be recorded, the others will not. Now, as usual, I notorize basically everything the title company wants....some want more some want less. But then I run across some docs required to be notorized that do not have the correct wording for my state (CA). Who is responsible to make sure the wording is correct. Certainly if the DOT is not correct I would find out (county recorder would reject).......but who would every know or notice if the others are not correct.....any input???

Reply by Sylvia_FL on 7/14/05 12:14pm
Msg #52076

If you mean the correct wording on the notarial certificates, you are responsible for making sure they are correct, and if not, attach a loose certificate.

If you mean the wording of the documents themselves, not your problem. We are not responsible for the wording of any documents we notarize. Just make sure the notarizations are correct.

Reply by Rob_NoCal on 7/14/05 12:21pm
Msg #52082

I guess my naive question is why would a title company in my state who does like a bazillion of these evey month have the wrong wording? any who would ever know other than a recorded document?
thanks

Reply by SamIam_CA on 7/14/05 12:24pm
Msg #52084

I know exactly what you mean. It's one thing when we have to correct the wording for docs from another state - but it drives me bat$4it when title, escrow, lender - everyone - is in CA and the wording is still wrong.

To answer your question - from everything I've read - there is no notary police. If the document is not recorded then only you will know/care if the wording complied with CA requirements.

Reply by IrisWA on 7/14/05 12:27pm
Msg #52085

Though it may be your home-state TC that forwards the documents to you, they are merely an intermediary. It is the Lender who prepares the documents. Their headquarters (and, as a generalization, the place from which their document templates originate) may not be located in your state.

Reply by Brian/CA on 7/14/05 12:54pm
Msg #52102

Many times the TC does not go thru all the documents. Alot of those with incorrect wording are the lenders documents and they are out of state the wording is correct for their state, but not ours. Just follow CA state law, better safe than sorry.

Reply by Rob_NoCal on 7/14/05 1:05pm
Msg #52108

Thanks for the info...I knew the title company was in CA but not sure about the lender....anyways I'm not going to answer the door for the next week in case it IS the Notarial Police
Thanks again all for the info!

Reply by TinaG_CA on 7/15/05 9:52am
Msg #52440

Where in NoCal are you? I'm just outside of Sacto. I'm just now starting to get packages with the correct Jurat wording.