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NEW COUNTY RULE?
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NEW COUNTY RULE?
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Posted by NS35/CA on 1/12/12 6:01pm
Msg #408876

NEW COUNTY RULE?

Title got a rejected filing for DOT from Santa Clara County, CA that I did on 11/16/2011. The reason was "incomplete notary acknowledgment." I have read the first page of DOT and my acknowledgment page several times and the only thing I found differently is: I printed the wife's name first and then the husband's. It was the order of the names, but nothing was incompleted.
Title wanted me to print exactly the same names order as the first page plus to print "husband and wife" on the new Acknowledgment as well.
I just called NNA to check if I have missed something here. None that I can find.
Please advise and thanks for all your insights.

Reply by Sharon Spence on 1/12/12 6:10pm
Msg #408877

Counties may make up all sorts of new rules all they want, but the ack is set by the state legislature. And no way are we allowed to ack "husband and wife" or any other capacity. That would mean automatic rejection, so title is absolutely wrong about that.

I've never heard of an ack being rejected because of the "order" of the names. That sounds ridiculous ... but you never know.
If it were me I'd call the Santa Clara County recorder's office and find out what's up; not to mention why it took them a year to reject this...

Also, are you double sure the ack is CA compliant verbiage in every detail?? What did the NNA say?

Reply by SharonMN on 1/13/12 5:27pm
Msg #408994

Note than in MN when a married couple acknowledges a doc together, the notary is REQUIRED to include "husband and wife." I know that's prohibited in CA, but maybe your clerk used to work here or heard about our requirement somehow.

Reply by Sharon Spence on 1/12/12 6:12pm
Msg #408878

Woops, misread date. Thought it was 1/16/11 ....! n/m

Reply by Marian_in_CA on 1/12/12 7:08pm
Msg #408888

"Title wanted me to print exactly the same names order as the first page plus to print "husband and wife" on the new Acknowledgment as well."

You're in California, right? The Title company cannot dictate to you how to fill out your notarial certificate. That is YOUR domain and you are under state laws in how to fill it out. In CA, you absolutely cannot write capacity on the certificate, and that includes "husband and wife" or anything similar. You only write the names of the individuals, and that's it. Order doesn't matter, IMO.

You need to call the county clerk and get more information as to why they rejected it. Don't listen to the title company. If some numbskull at the county clerk's office tells you you forgot "husband and wife" then you need to set them straight.

Reply by Buddy Young on 1/12/12 7:09pm
Msg #408889

I couldn,t tell if anything was wrong unless I read the entire ack.


Reply by NS35/CA on 1/12/12 9:36pm
Msg #408904

Thank you all! Wanted to show you the at issue ack but don't know how to do it here. I cannot send pdf attachment on this message board, right?
I have returned email to title but have not got response from them yet!

Reply by jba/fl on 1/13/12 12:48am
Msg #408918

In order to show us you would have to copy & paste

Must be sure to redact for privacy concerns though.

Reply by Buddy Young on 1/12/12 7:10pm
Msg #408890

Re: Listen to Marian n/m

Reply by Stoli on 1/12/12 8:16pm
Msg #408895

Agree with Sharon and Marion - See Page 11 of the handbook

A notary public may complete a certificate of acknowledgment 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 other determinations and certifications not allowed by California law.


Reply by Stoli on 1/12/12 8:17pm
Msg #408896

Sorry - Agree with Sharon and Marian n/m

Reply by desktopfull on 1/13/12 7:55am
Msg #408926

Why would you verify any notary requirement with NNA instead

of your own Notary laws of your state or your SOS?

Reply by Ernest__CT on 1/13/12 5:42pm
Msg #408998

Here's one possibility

Avoid the NNA at all costs! They often get things wrong. Never trust them.

Here's one possibility for rejection:
[blah blah blah] Mary and John Jones [blah blah blah]

To be correct, it should be:
[blah blah blah] Mary Jones and John Jones [blah blah blah]
and if possible
[blah blah blah] Mary Q. Jones and John P. Jones [blah blah blah]



 
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