Posted by Blueink_CA on 9/28/06 11:42am
Msg #149053

Question for CA notaries

I've been challenged (by a TC) to present the code reflecting our inability to claim capacity on an Ack. Is there anywhere else in the handbook which addresses this besides Civil Code 1189 (c) which could be interpreted as only pertaining to out-of-state documents. This particular issue is regarding a CA ack for filing a deed in CA for property in CA. They want me to add the word "trustee". I know this cannot be done, however I can't find the code & I'm out of here as soon as my nails dry. TIA.

Reply by Brad_CA on 9/28/06 12:32pm
Msg #149069

On Page 11 of the California notary Handbook: "A Notary Public may complete a certificate of acknowledgement required in another state or jurisdiction of the United States on documents to be filed in that other state or jurisdiction, provided the form does not require the Notary Public to determine or certify that the signer holds a particular representative capacity or to make determinations and certifications not allowed by California Law."

Reply by Gary_CA on 9/28/06 12:45pm
Msg #149077

Another angle

The Ack wording (the only wording allowed by the State) specifically says the signer certifies his own capacity....

acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s).

Now that doesn't prove you can't certify, and the other paragraph may only apply to out of state transactions... but I think if you put two and two together you'll come to the same conclusion you and I and everyone else comes to...

The SOS doesn't want us to certify capacities.

To give an opinion otherwise would be the practice of law... notary law... the lawyer that can give the opinion is probably a lawyer... or has one sitting next to him... tell them they can stamp the damn thing while they're at it.

Reply by Blueink_CA on 9/28/06 8:56pm
Msg #149158

Re: Another angle

Whew, what a day. Is the EOM here yet?!? Gary, I think your answer is as good as it's gonna get. Thank you, and everyone else for their thoughts.

Reply by Joe Ewing on 9/28/06 12:42pm
Msg #149075

Civil code violation on a Security Instrument. Refer them to Govt. Code 8227.3

Reply by DellaCa on 9/28/06 12:48pm
Msg #149080

Re: also page 38 n/m

Reply by NotaryGirl71 on 9/28/06 5:56pm
Msg #149140

Title Companies and Escrow Officers

I am so sick of title companies and escrow officers pushing us around with what they "think" is the law...or saying "everyone else does it this way"

Reply by Joan Bergstrom on 9/29/06 1:29am
Msg #149174

8227.3

After passing your Ca State Notary Exam and your background check is approved, you will receive your letter of commission. You will have 30 days to take subscribe and file an oath and bond with the office of the County Clerk in the county in which you indicate on your application will be your principal county of business.

This may be done by certified mail or in person but you may not notarize documents until you do so as your commission is not valid without an oath and bond on file.

If you notarize a Security Agreement, Deed of Trust, Grant Deed, Warranty Deed, Mortgage, Quit Claim Deed, before you are sworn in as a notary (per above) you are quilty of a Felony in Calif.

Most Notaries in Calif go to their County Clerk to get sworn in and when she/he walks out of the County Clerks office that is when they are legally a CA notary and can sign and stamp for the next 4 years.

Go to your County Clerk's Office in the afternoon because its not busy then if you choose this option.

There is usually an administator fee for each county: (Riverside County is approx $35-40)

Reply by Gary_CA on 9/29/06 2:08am
Msg #149177

Re: 8227.3 What...

All that's true, but what does it have to do with certifying capacity....

It's way too late and I've worked way too hard today, but your answer makes me think I just stepped into the non sequitur zone

doo doo doo doo doo doo doo doo (to be read like you're waiting for Rod Sterling, not like your following Scooby Doo)