Posted by Delta_CA on 9/19/06 11:21pm
Msg #147111

Hey FL Notaries

Is it possible to have the signing capacitiy of a signer in your ACK verbage. I just did a package where the FL ACK included the language: Joe Blow, in his capacity as trustee and settlor of the Joe Blow Trust dated..............

Reply by PAW on 9/19/06 11:25pm
Msg #147115

Absolutely. We are required by statute to include the signers capacity if a capacity is claimed or known, such as "attorney in fact", or "trustee", or "president of the XYZ company". This does not include "husband and wife" or "single man" or "married woman", as these are a persons status, not a representative capacity.

Reply by Becca_FL on 9/19/06 11:30pm
Msg #147119

And as PAW points out, people in the position to sign for a company and POAs.

Reply by PAW on 9/19/06 11:37pm
Msg #147124

F.S.A. 117.05(13)(c)

is the statute that provides for the inclusion of a representative capacity for FL notary certificates.

Reply by BarbaraL_CA on 9/19/06 11:25pm
Msg #147116

I hope you atached an all-purpose acknowledgement to it - can't notarize capacity in CA

Reply by TitleGalCA on 9/19/06 11:33pm
Msg #147120

Re: Hey FL Notaries Barbara is correct - only for CA

And we won't list the capacity in our acknowledgement. The rest of the language in the acknowledgment takes care of "capacity".

CA notaries...just a reminder...no capacities, ever!

Reply by Linda_H/FL on 9/19/06 11:26pm
Msg #147117

Isn't that the way it's supposed to be?...his authority to sign should have been cleared by the lender prior to you getting the documents - you just identify Joe Blow is Joe Blow.

Reply by TitleGalCA on 9/19/06 11:33pm
Msg #147122

Re: Hey FL Notaries n/m

Reply by TitleGalCA on 9/19/06 11:35pm
Msg #147123

posted too soon

in Florida writing the capacity of your signer is much different than in CA. Refer to the handbook.

Reply by PAW on 9/19/06 11:38pm
Msg #147127

Yes sir ree bob. Different states, different statutes. n/m

Reply by Bob_Chicago on 9/20/06 8:50am
Msg #147162

Paul, were you calling me? Illinois permits representative..

capacity, but when notarizing corp officer, trustee, POA, etc,
I use a form which states "capacity claimed" There is no
way that I can know if they have the requisite capacity at
the time of acknowledgement. (eg " signing as POA, and
principal died five minutes ago in Austrailia.)

Reply by Becca_FL on 9/19/06 11:27pm
Msg #147118

Only in a Trust. We can not certify the capacity as married, widowed, single, etc.

Reply by Delta_CA on 9/19/06 11:33pm
Msg #147121

Well, ya learn something new every day. Yes, I attached CA Acks (that don't have signer capacity).

Reply by BarbaraL_CA on 9/19/06 11:48pm
Msg #147132

Good Girl Delta!

Reading between the lines of your post I kind of thought you would have - just making sure

Reply by Jon on 9/19/06 11:37pm
Msg #147125

Delta,

In FL you can include capacity, but since you are a CA notary you must follow CA law. Even if the property is in FL, as a CA notary you CANNOT include the capacity in the ack. You should attach an all-purpose ack.

Reply by Jon on 9/19/06 11:45pm
Msg #147129

Ca Civil Code 1189(c) n/m

Reply by TitleGalCA on 9/19/06 11:46pm
Msg #147130

Jon your making me hit the book tomorrow

I'm sure she can use CA ack, of course - a give. But I am also just as sure that if the PIQ is in anther state there are allowances.

Give me a few minites. I'ts late and I had a glass of WARM SAKE with my chinese delivery tonight.
Feel welcome, JohSan to clairfy this with our young sparrow charges......

In the meantime Jon-San. Keep our guest comforable while I scale the Great WAlls for the Truth.

Reply by Jon on 9/19/06 11:53pm
Msg #147133

Re: Jon your making me hit the book tomorrow

Ca Civil Code 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 TitleGalCA on 9/19/06 11:54pm
Msg #147134

Hmmmmmm Ommmm on further meditation I will get back

to this great and sancrosant delimma in......da morning. I will be there..

Hey.... wasn't that a song......"I'll be threre"....

But I will be. Promise. Pray to the Notary Gods for two things. Brad and his simion signing agents and Harry with his patience.

Hey it almost beats Poor Anna Nichole's tragedy - what's worse than that? This is FAR simpler than anything Anna Nicole could come up with....

unuf. Chech back in to your favorite SMART forum....manana.

Reply by TitleGalCA on 9/20/06 12:13am
Msg #147137

Re: Hmmmmmm Ommmm on further meditation I will get back

I hope you're buying this - at least it's a good excercise for anyone to go back to the handbook.

If not? Tell a good joke then, at least for pete's sake.

Reply by TitleGalCA on 9/19/06 11:39pm
Msg #147128

Delta normally there are provisions for signing in one state

where the property is in another and it's very flexible. Both CA AND the othe state/county recorder.

You can attach an all purpose CA ack and be fine (if it was signed in CA) or you can use the out of state language (CA allows for that).

If you're worried, call the CA SOS first, then call the TC. You'll be fine.

Reply by Jon on 9/19/06 11:47pm
Msg #147131

Re: Delta normally there are provisions for signing in one s

I disagree TG, Ca DOES NOT allow for including capacity in the ack. See Civil Code 1189(c) as posted above.

Reply by TitleGalCA on 9/20/06 12:09am
Msg #147135

Re: Delta normally there are provisions for signing in one s

Yes Jon, as long as the notary doens't represent capacity, they are FREE to fill in the other states acknowledgment, JUST AS THEY ARE WITH THAT ONE EXCEPTION OF CAPACITY.

Reply by TitleGalCA on 9/20/06 12:11am
Msg #147136

Re: Delta normally there are provisions for signing in one s

The capacity of the signer is an important differentiation in CA. All other langage will work; with that that one exception. (capacity).

Reply by Jon on 9/20/06 9:29am
Msg #147176

Re: Delta normally there are provisions for signing in one s

"All other langage will work"

Only if it is "required" in the other state or jurisdiction. Unless you know for sure that it is required, use the Ca ack.