Posted by O/CNotary on 1/2/06 10:46am Msg #85594
Do the words Notary Public have to be after our name on CA
jurats as well as on CA Acks? ALSO, I would like to purchase a CA Ack stamp to put on all the acks that will be incorrect for CA. Any suggestions of where I can get a good one that will allow enough space for the names of the persons being notarized??? Thanks and happy new year!
|
Reply by Brad_Ca on 1/2/06 11:11am Msg #85597
GMN has them. You can either order one with your name or without. Go to www.notarysupplyshop.com Go down to specials and click. Then go to Notary admin stamps. Scroll down and you will see California Acknowlegement Stamps.
|
Reply by TitleGalCA on 1/2/06 11:23am Msg #85603
Notary Rotary has the Jurat stamp and...
Adding "Notary Public" after your name *was* considered more a matter of professionalism and personal style, rather than a requirement. Since the new 2006 law has made a point of stating "title", I'm going to do so to be on the safe side. I'm told by my underwriting and the county recorders office that not including your title will not be a cause for the document to be pulled however my thinking is why take the chance?
The 2005 jurat requirement didn't state anything about the *title* of Notary Public.
I don't know why they did this in the first place - it's not like our "titles" vary from Notary to Notary. Overkill, imo, but I'm not writing the rule book....
|
Reply by Anonymous on 1/2/06 12:10pm Msg #85613
Re: Notary Rotary has the Jurat stamp and...
From what I understand the 2006 Ack. for Ca must have the words "notary public" after the notary's name. I found a free Ack. on www.notaryclasses.com to download.
I don't think we need to add "notary public" on Jurats at this time. I wonder when the Sec of State will get around to putting the new 2006 Handbook on his website?
|
Reply by CaliNotary on 1/2/06 1:04pm Msg #85633
What nobody has pointed out
Is that we don't put our names in the jurat wording.
|
Reply by O/CNotary on 1/2/06 1:12pm Msg #85636
Oh so true! So just on the Acks we need to add, Notary Pub
after our name. I still think having an Ack stamp would be a good idea instead of having to attach a loose Ack so often, especially for out of state signings.
|
Reply by Dave_CA on 1/2/06 2:56pm Msg #85645
out of State Acknowledgments
I did not see anything in the new law that prohibits us from completing another State's Ack, for filing out of state so long as it does not require us to do anything we are not permitted such as certify capacity.
Does anyone else read this differently?
|
Reply by NorCalDar on 1/5/06 2:06am Msg #86174
Re: out of State Acknowledgments
1189 c) On documents to be filed in another state or jurisdiction of the United States, a California notary public may complete any acknowledgment form as may be required in that other state or jurisdiction on a document, provided the form does not require the notary to determine or certify that the signer holds a particular representative capacity or to make other determinations and certifications not allowed by California law.
|
Reply by Jon on 1/3/06 9:31pm Msg #85839
Re: Notary Rotary has the Jurat stamp and...
"I don't know why they did this in the first place - it's not like our "titles" vary from Notary to Notary."
The reason that a persons title may be important is because individuals other than notaries are allowed to take acknowledgements in CA. Since notaries are required to use a stamp that states "Notary Public", it is pretty clear when we are taking the ack. However, some of the others that are authorized to take acks do not use stamps and by stating their title the receiving agency is able to see the capacity of the individual taking the ack.
|
Reply by TitleGalCA on 1/3/06 10:05pm Msg #85846
C'mon Jon
For the purposes of the board (and the post)..."it's not like our titles vary from Notary to Notary"...is true in general, but not to the rare specifics. For a general statement...bewailing the change that has many notaries a bit confused, it was right on.
How many times have you seen a Court or County Clerk, Judge, District Attorney and others listed in CC 1181 fill out an acknowledgement? (Now that I've stuck my neck out, with my luck, you're a legal consultant for US Consulate on retainer...or something).
I'll give you that you, more than ANYBODY I've seen post here, have the CA notary laws and *obscurities* down to a gnat's ass. You're right of course in the most technical way, but lets face it, most notaries here don't even know what an apostille is.
With the varying degrees of notaries on the board, no need to muddy the waters with Notary, Ph.D.
I take that back. I appreciate the truth of the position and commission and there's not many (make that none, other than you) who quite get all the twists and turns, even the SOS. In fact, they should hire you. At least I'd get an accurate answer when I call.
|
Reply by Jon on 1/5/06 1:12am Msg #86172
Re: C'mon Jon
Thanks TitleGal....I think. I can't quite determine if you just complimented or insulted me. Having been accused of being arrogant several times on this board, I'll take it as a compliment ;) (hmmm...does that make me arrogant or optimistic????)
I agree that most of those you mentioned probably will never take an ack, but if they do, we need to have laws in place to govern the procedure.
That said, I don't necessarily think that the recent change in the law requires the notary to put "Notary Public" after their name to begin with. I know that many here will disagree with me(what's new), but the purpose behind the law is to foster conformity with acks. Putting "Notary Public" after our name in the ack fails to do that.
Of course this is not legal advice and anyone who blindly takes info on this or any other board needs to have their head examined. Always do your own research because if you ever go to court, "The guy on NotRot said so" will not be a good defense.
|
Reply by TitleGalCA on 1/5/06 11:47am Msg #86261
Re: C'mon Jon
Definitely a compliment. Sometimes, when you sense arrogance, there's either one of two things behind it: a) someone who is confident and knows their stuff; or b) an idiot (typically in a sales capacity).
I've posted before that not putting your title "notary public" will NOT get a document pulled from the Recorders office (at least in my area). However, if you listen to the likes of notaryclasses.com, you *must* have it there.
Here's my take: while I know it's "okay" to leave the title out....you never know when or if some officious recording clerk will take things to *their* interpretation of the letter of the law. To remove any doubt, I've added "notary public" to my certs (even though most of the notary certs I see don't add the title).
I've run across too many recording clerks who think the sun rises and sets on their decisions to take a chance.
|
Reply by BarbaraL_CA on 1/2/06 1:32pm Msg #85638
ACK stamp cumberstome
I researched getting an ACK stamp last year and the result is that you would have to have would made at a stamp place. There is so much wording on the ACK that the size of the stamp would be cumbersome and awkward.... much easier to just add a loose ACK.
|
Reply by Brad_Ca on 1/2/06 1:36pm Msg #85640
Re: ACK stamp cumberstome
California Acknowledgment Stamp [UM30-Ack] $24.95
Click to enlarge Font 9.5 pt. Stamp size 1 13/16" x 3 13/16" W/L
|
Reply by BarbaraL_CA on 1/2/06 2:57pm Msg #85646
Brad - did you mean to include a link in this msg? n/m
|
Reply by Brad_Ca on 1/2/06 3:37pm Msg #85653
Re: Brad - did you mean to include a link in this msg? n/m
Barbara,
Sorry about that. Here it is:
http://www.notarysupplyshop.com/~notarysu/notary-stamps/catalog/product_info.php/cpath/40/products_id/178
|
Reply by DellaCa on 1/2/06 5:25pm Msg #85659
Re: Brad do you know how room the wording
takes up length,width?
|
Reply by Brad_Ca on 1/2/06 5:49pm Msg #85665
Re: Brad do you know how room the wording
Hi Della,
Go to my post above, and I have a link listed there. When you get to the page, it states the size under the words California Acknowledgement Stamp.
|
Reply by Brad_Ca on 1/2/06 5:52pm Msg #85667
Re: Brad do you know how room the wording
Font 9.5 pt. Stamp size 1 13/16" x 3 13/16" W/L
|
Reply by Nicole_NCali on 1/3/06 7:02pm Msg #85820
Re: Brad do you know how room the wording
I am just reviewing some loan docs and the size of the stamp would still be to big for the acknowledgment for this loan..looks like loose acks until the whoever draws the docs catches up.
|