Posted by SoCal_Money on 1/11/06 11:15am
Msg #87571

Notarizing Spouse's Signature

My husband and I will be doing construction on our home. We are both listed as owners of the property. The city application has a few pages that need to be notarized. (Jurats)

** Applicant Affidavit** Swears that the application was read and the content is true.

**Property Owner Affidavit** Swears to the ownership of the property stated in the application & consent to filing the application.

**Hazardous Waste & Substance Affidavit** Applicant swears the property is not located in hazardous waste area.


Each of these requires only one signature. Would I be able to notarize my hubby's signature? We're not transfering anything nor is there any type of financial gain for me. Please let me know what you think. TIA

Reply by srnotary_CA on 1/11/06 11:18am
Msg #87574

I was told to stay on the safe side and not do it. That way you cover yourself. That is a good question though.

Reply by Brad_CA on 1/11/06 11:22am
Msg #87577

California is a community property state. You have interest in the property that the loan is for.
You may not notarize the documents.

Reply by Brad_CA on 1/11/06 11:25am
Msg #87578

I meant application not loan.

Reply by Roger_OH on 1/11/06 11:32am
Msg #87581

You do have an interest that the city will approve your application based upon his sworn answers, so that the construction can proceed; you will also benefit from the increased value the improvements will add to your home. Do NOT do this! Get an unrelated third party notary to do the notarization. Look here on Not Rot for one in your area.

Reply by cfwMI on 1/11/06 11:47am
Msg #87586

In Michigan we aren't allowed to notarize any family members signature, not even stepfamily.

Reply by SoCal_Money on 1/11/06 12:07pm
Msg #87591

Thanks for all your help. Hmmm ... guess I need to find a notary.

Reply by srnotary_CA on 1/11/06 12:08pm
Msg #87592

Where are you located Socal_Money?????n/m

Reply by SHARON MONEY on 1/11/06 12:11pm
Msg #87593

Ontario n/m

Reply by srnotary_CA on 1/11/06 12:12pm
Msg #87594

Re: Ontario n/m

Too far from me lol. I am in the Lancaster/Palmdale area.

Reply by SoCal_Money on 1/11/06 12:18pm
Msg #87596

Any-1 in IE (Ont, Chino, Montclair, Fontana, Norco)?

Reply by Martha Gall on 1/11/06 3:20pm
Msg #87627

Re: Any-1 in IE (Ont, Chino, Montclair, Fontana, Norco)?

I'm in Homeland - between Perris and Hemet. I'd be glad to meet you part way or have you come out here - call me if you can't find anyone closer. 951 926-2217

Reply by JM_NY on 1/11/06 4:43pm
Msg #87641

Re: Any-1 in IE (Ont, Chino, Montclair, Fontana, Norco)?

Go to your local bank. That is what I do. No charge for depositors.

Reply by mo/ca on 1/12/06 11:11am
Msg #87850

Re: Any-1 in IE (Ont, Chino, Montclair, Fontana, Norco)?

If you are still looking for a notary, I am in Fontana. E-mail me at [e-mail address]

I'll be more than happy to help.

Reply by Julie Williams on 1/11/06 1:22pm
Msg #87612

Observation

I cannot believe that a state that requires notary instruction, a notary test, has a notary handbook, requires thumbprinting in certain acts, requires journaling and has a national notary organization with its homebase in CA, does just not have a simple sentence somewhere that clarifies whether or not a notary can "notarize" a spouse's signature.

Just a simple observation from a state that doesn't require much, but at least is clear that I cannot notarize for a family member.

Reply by Blueink_CA on 1/11/06 2:13pm
Msg #87621

Re: Observation

It is in the handbook. Under Important Issues and Information - Miscellaneous provisions: " A notary public is not prohibited from notarizing for relatives, unless doing so would provide a direct financial or beneficial interest to the notary public. Gov't Code 8224. With California's community property law, care should be exercised if notarizing for a spouse."

Reply by John_NCal on 1/11/06 2:23pm
Msg #87623

Re: Observation> Just shows that people will not get..

familiar with their laws and above all don't always use common sense.

Reply by Charles_Ca on 1/11/06 4:02pm
Msg #87635

What I find incredible is how much liability some people

are willing to accept in exchange for saving a few bucks.

Reply by SoCal_Money on 1/11/06 5:49pm
Msg #87655

What I find incredible....

What I find incredible that this has become whether or not I'm trying to "save a few bucks". How silly. My question was the signature issue. There is nothing that has to be approved or declined based on my hubby's answers. There is no money or tranfer involved. They just want to know who the owner is and if they read the form. I believe it was Roger who explained that the construction itself would give me benefit and I could not notarize. (Thanks Roger for taking it further than I looked). The form has nothing to do with construction at ALL. If you want to critizize me for not knowing the answer... okay no problem. Don't assume it's to save a few bucks. My AAA membership will get it notarized for free. That was NOT my issue.

Reply by Brad_CA on 1/11/06 6:21pm
Msg #87668

Re: What I find incredible....

Sharon,

You made the right decision to use another notary. It is always the right choice when community property and/or finacial interest or gain may be involved.

If this were something your husband needed to do for work, and you had no interests in it, you could do it. However, it is not recommended in any case due to your close relationship as husband and wife.

Reply by Gerry_VT on 1/11/06 3:54pm
Msg #87633

Fuss, Bother, and Cost

If I, as a notary, wanted to help a family member get a notarization for something other than a real estate loan, I would direct the family member to a nearby competent, non-mobile notary. In Vermont, that would be a town clerk or police officer. It would be only a little trouble, and hardly any cost. Except for very busy people, the value-add for the mobile notary is the knowledge of e-docs and real estate paperwork.

Also, even if I could legally notarize the document, I would not, because the fuss and bother of being questioned about it would be much greater than the fuss and bother of finding an notary who is not related.