Posted by Bamberry/CA on 2/7/13 5:56pm
Msg #454614

Name on California Acknowledgement or a Jurat ... question??

When your completing an Acknowledgement or a Jurat and the name varies between the name printed on the document your notarizing and the name on the CA\DL, Which name should you put in the space for : On__02/07/2013___ Before me, ____My name -Public Notary___ personally appeared ___XXXXXX_____????

Example :

(Doc’s) – Ray Smith

(CA\DL) Raymond Doe Smith

In my journal I always put the name on the CA\DL but on the Acknowledgement / Jurat I’m questioning…

Thoughts? Thanks…

Reply by KODI/CA on 2/7/13 5:59pm
Msg #454615

Always the document when you have properly identified the signor.

Reply by VT_Syrup on 2/7/13 6:01pm
Msg #454618

It depends on the state where it will recorded. I've seen recorder websites (I think it was Pennsylvania, but I'm not sure) that claimed the recorder would reject it if the name printed under the signature did not agree with the name in the acknowledgement certificate.

Reply by Marian_in_CA on 2/7/13 6:11pm
Msg #454620

You are going to get a lot of different opinions here. Me? I always, always put the name on the ID on the certificate. Why? Because *that* is the person in front of me and *that* is the person's signature I'm certifying. While I may be reasonably certain the person named in the document is the person in front of me, I cannot be 100% sure they are exactly the same person. And since acknowledgements are signed under penalty of perjury... I don't mess with comitting a felony thank you very much.

The language of the acknowledgment says that "... before me [name of person] personally appeared..." --- well, that's the person who actually personally appeared, not some name printed on a piece of paper.


I've never had this be an issue, not once. It's the name on the ID or I don't do it at all.

Reply by Bamberry/CA on 2/7/13 6:26pm
Msg #454626

Marian, Thank you. So when your at a Signing of sorts, say a Re-fi... and escrow/loan docs have the name(s) pre printed and they dont match the CA\DL but you are able to notarize, do you just use a Loose Leaf Cert and fill in the names that are on the ID's?

Reply by Marian_in_CA on 2/7/13 6:40pm
Msg #454632

Well... not necessarily. In those cases, I tend to leave that alone but it annoys me to no end that companies pre-fill my certificates for me. I suppose that is an exception, but I actually don't see that too often.

Reply by Christine Allies, Allies Business Services on 2/7/13 6:47pm
Msg #454635

In my journal I enter the name as it appears on the I.D. presented. If the document says "Ray" and the borrower has sworn under oath on the AKA that he is both Raymond and Ray, then the certificate attached to the document says Ray. The general rule is that the name on the document can be 'less but not more than the name on the I.D.". Likewise, if the docs have a middle name or middle initial and it is not listed that way on the I.D., then I would not notarize.

Reply by Linda_H/FL on 2/7/13 7:39pm
Msg #454646

All due respect:

"If the document says "Ray" and the borrower has sworn under oath on the AKA that he is both Raymond and Ray, then the certificate attached to the document says Ray. "

The AKA statement should have absolutely no bearing on what is in your certificate. Your reliance should be only on the ID presented - not statements the signer swears to..

"The general rule is that the name on the document can be 'less but not more than the name on the I.D.". "

There's lots of debate on this as no one can say with any certainty whose "general rule" that is...

JMHO

Reply by JanetK_CA on 2/8/13 12:06am
Msg #454699

<<"The general rule is that the name on the document can be 'less but not more than the name on the I.D.". "

There's lots of debate on this as no one can say with any certainty whose "general rule" that is...>>

I agree. I think that "general rule" is nothing more than a guideline that some notary teachers offer as a useful guideline but I'm not aware of anything in any legal codes that even mentions the issue. It's a matter of personal interpretation, imo, and as Marian said, there will be differing opinions on this.

Reply by CarolF/NC on 2/7/13 6:50pm
Msg #454636

Follow your CA SA lead as this differs by state. n/m

Reply by Julie/MI on 2/7/13 8:40pm
Msg #454667

Re: Follow your CA SA lead as this differs by state.

Is it just me after all these years that wishes there was a forum just for CA notary questions

I mean there is Discuss Work, Just Politics, Leisure and now we could have Calif. Specific

Reply by Marian_in_CA on 2/7/13 8:55pm
Msg #454672

Re: Follow your CA SA lead as this differs by state.

The really ironic part of it all is that there aren't *that* many CA notaries compared to other states. Although, in sheer numbers, it's still up there.... but nearly nearly the most. Florida, Texas, Ohio, New York, Illinois and Georgia (if not others) have more notaries than California.

CA has the lowest number of notaries per capita in the country - that's the real issue. Well, that and we're regulated to death. Google the NNA 2012 Notary Census... it's interesting reading.

Reply by Malbrough_LA on 2/7/13 8:46pm
Msg #454669

Not sure if you can utilize this in your state, so check

with your SoS:

AFFIDAVIT OF ONE AND THE SAME

STATE OF LOUISIANA
PARISH OF ___________________________

BEFORE ME, the undersigned notary public, duly commissioned and qualified in and for the parish and state aforesaid, personally came and appeared:
______________________________________________________________
(Affiant’s Printed Name)

who after being first duly sworn by me, Notary Public, did depose and state the following:


I, ________________________________ and ________________________________
are one and the same person.


_______________________________________
AFFIANT SIGNATURE


SWORN TO AND SUBSCRIBED BEFORE ME, this ____ day of _________________, 2_____.


_______________________________________
Ryan A. Malbrough
Civil Law Notary
MY COMMISSION IS FOR LIFE

Reply by jba/fl on 2/7/13 9:04pm
Msg #454674

Wouldn't that be adding to the package? Should that be done? n/m

Reply by Malbrough_LA on 2/7/13 9:19pm
Msg #454683

Re: Wouldn't that be adding to the package? Should that be done?

That's why I said it might not apply for other states. Then again, is adding an ack or jurat not adding to the package? I don't utilize those. This is where things always get tricky for me. In one state, xyz is the norm due to common law. In my state xyz is not ok due to civil law, but xyz[squared] divided by pi is. I always check with Title or SS to confirm what I'm going to do and inform them of the relevant statute explaining the deviation (via email of course so I have a paper trail).

Reply by Bear900/CA on 2/8/13 1:17am
Msg #454703

“but xyz [squared] divided by pi is."

Are we describing acknowledgements or Governor Christie?

Reply by JanetK_CA on 2/8/13 12:09am
Msg #454700

Not an option for CA n/m

Reply by linda/ca on 2/7/13 10:51pm
Msg #454690

What does the instructions from the company who is going to PAY YOU say? If not written on any instructions go with the name printed under the line as that is the rule of thumb. That is if you want repeat business or don't want to take a chance on having to go back and due it correctly on your dime. If that's okay with you, then follow .........'s instruction's and not the one who writes the check.

If you are not a gambler go with: Ray Smith, the name on the docs!