Posted by Kate/PA on 5/16/13 7:52pm
Msg #470287

question for closing tommorow

have a closing 2morrow, but property being refinanced is located out of state.

So basically will everything else be the same?

thank you in advance

Reply by Buddy Young on 5/16/13 8:36pm
Msg #470291

yes, everything is the same.

If the wording is incorrect on the ack's and jurats, remember to use your states ack's and jurats. If the state where the property is located requires that states ack's and jurats to record you can use theirs. I don't know of any state that won't take notorial certificates from your state.

Reply by Jack/AL on 5/16/13 9:15pm
Msg #470295

That's "notarial," not "notorial or notorious".......... n/m

Reply by Sandra G Holland on 5/17/13 7:17am
Msg #470309

Re: That's "notarial," not "notorial or notorious"..........

Yep, Jack. Spelling is important. The other misspelled word should be "tomorrow". The way I punctuated that is considered by some English teachers as substandard, the quotation mark usually said to be after the period, but my educated opinion is that it looks better that way.

Reply by snowflake/PA on 5/17/13 7:47am
Msg #470312

Spelling is important. If you look at her profile, it is

loaded with errors. I do not know what companies hire these notaries who don't even take the time to review their profiles for accuracy. It's what our business entails. Accuracy, attention to detail. Perhaps her closing today is a "reserve morgage" - her spelling, not mine.

Reply by snowflake/PA on 5/17/13 7:50am
Msg #470313

Re: Spelling is important. oops s/b mortages according to

profile.

Reply by MistarellaFL on 5/17/13 8:03am
Msg #470314

LOL Snowflake...Nooooo, s/b mortgages...not "mortages"

Dontcha just hate it when you misspell something twice while attempting to correct someone else's bad spelling?

Reply by snowflake/PA on 5/17/13 8:31am
Msg #470317

Re: LOL Snowflake...Nooooo, s/b mortgages...not "mortages"

That's what happens before my 2nd cup of coffee. But, seriously, I know how to spell 'Mortgage". Take a second look. She misspells it in her profile. How do these notaries get work? Just amazes me.

Reply by Kate/PA on 5/17/13 2:36pm
Msg #470367

Re: Spelling is important. If you look at her profile, it is

At that snowflake character, if you are going to *attempt* -yet fail- to insult me, at least do it a private message

Reply by jba/fl on 5/17/13 3:41pm
Msg #470377

Kate/PA - I think it was done in the spirit of getting you

to take a look at your profile and make some corrections. I further think you are over-reacting, negatively, which makes me want to see if you did indeed correct your misspellings, or just left it alone to spite yourself.

Reply by Edward Cooke on 5/17/13 8:10am
Msg #470316

Re: That's "notarial," not "notorial or notorious"..........

Whether the punctuation is "inside" or "outside" of the quotation mark depends on which style manual is being used. MLA, APA, Turabian, etc. (American style guides) use the "inside" style. Oxford, Cambridge, etc. (British style guides) use the "outside" style.

Reply by Sandra G Holland on 5/17/13 7:43pm
Msg #470392

Re: That's "notarial," not "notorial or notorious"..........

Thanks, Edward! Now I know.

Reply by JanetK_CA on 5/16/13 8:53pm
Msg #470293

You may have some documents you haven't seen before because each state has different laws, and therefore sometimes different docs that address those laws. But the principles are the same. Like Buddy said, just make sure you use certificates that are legal for your state and that the venues are correct for where you're conducting the signing. Also, sometimes different locales have very specific recording requirements, but that should be your client's responsibility to advise you if there are any such requirements (e.g. witnesses, a certain color ink, paper size, page margins, etc.)

Reply by VT_Syrup on 5/17/13 8:33am
Msg #470318

The fact that the signer has physical access to the property that is the subject of the transaction is one of many factors that helps establish the identity of the signer. This factor will be lacking. So be extra vigilant in checking ID.

Reply by PRnotary/WA on 5/17/13 8:47am
Msg #470319

Hi, Kate

Buddy is not right about using another state's notarial certificates. You must use your own state's wording or the doc will probably be rejected by the Recorder of the other state.

If you want to check this, call the Recorder's office in the county in which the property is located. Don't ask the TC - they can be wrong.

I do signings for out of state properties several times every week. Some TCs get mad at me for using my state's notarial certificate wording. So I phone the Recorder's office, get told I must use my state's wording. Then I call the TC back and state I spoke with the Recorders office, tell them what the Recorder said, and give the TC the Recorder's direct number. That settles everything quickly and nicely.

Another tip - some state's require witnesses for certain docs. FL is one. You can check this webpage for info:
http://www.pawnotary.com/kb/2-4.html

I have a friend who works a short block away from my office so I call him if I need a witness and he is paid $5 per signature (his). If he is not available, I tell the client to bring a witness not related to them. Organizing witnesses is a real pain.

Best of luck,
LauraV

Reply by KarenVentura on 5/17/13 9:00am
Msg #470320

PRNotary I was just going to add that. Some states require witnesses, ie Florida. So always check which state it is being recording in. Then Check that states laws.
Karen

Reply by ananotary on 5/17/13 9:28am
Msg #470323

I completely disagree, Buddy is correct

Not only are we allowed per CA law to use another states cert, I would never go to all the effort you just indicated. That's ridiculous. If I was the TC on the other end of that call I would think you were a complete PITA. Don't analyze, notarize.

Reply by VT_Syrup on 5/17/13 10:02am
Msg #470328

Re: I completely disagree, Buddy is correct - CA irrelevant n/m

Reply by VT_Syrup on 5/17/13 10:05am
Msg #470329

Re: I completely disagree, Buddy is correct - CA irrelevant

The original poster is in Pennsylvania, and the location of the property is not stated. So unless the property happens to be in CA, CA law is irrelevant. If the property happens to be in CA, other discussions and my own experience indicate a certificate using the wording customary outside CA is accepted by CA recorders if the notarization was done outside of CA.

Reply by Marian_in_CA on 5/17/13 2:12pm
Msg #470361

Re: I completely disagree, Buddy is correct - CA irrelevant

It's CA law... Ca must accept any out of state notarial certificate, provided it was executed properly according to the laws of the venue. It's even in our handbooks. Any CA recorder rejecting a properly executed out of state notarial certificate is breaking CA law.

CA notaries are allowed, if they choose, to use acknowledgment wording (and ONLY acknowledgments) if the other state requires it for recording and if it doesn't ask us to do anything that is against CA law (such as certify capacity). Personally, I choose not to unless I'm specifically told that wording is required. I've only ever seen this on a Federal form. Why? Because our CA wording is there to protect US. The notarial act takes place in CA... and like CA, other states recognize out of state notarizations provided they are done properly according to the laws of the venue where it took place. I use CA wording... it's just that simple. Nobody can force me to use out of state wording.

We MUST use CA wording for jurats, no matter what.

Reply by jba/fl on 5/17/13 2:16pm
Msg #470363

Further, it is in the Constitution of the United States -not

that this is very important sometimes these days.

Reply by Linda_H/FL on 5/17/13 9:55am
Msg #470326

Buddy is absolutely correct about using another

state's certs - and the CA handbook is very clear on the issue. Recorder's office has no say whatsoever in the format of the cert used.

This is title's call. And witness requirements vary not only by state but also by lender - witness requirements may well be a lender requirement, regardless of state statute. This is something title needs to convey to the notary - not notary doing their freelance research which may or may not be accurate.

I'll also point out be very careful about using the link to Paul's site - that's not been updated in a long time and some of it MAY be out of date and not reliable. Let title handle it and be on the hook for credible info.

JMO

Reply by Sandra G Holland on 5/17/13 7:50pm
Msg #470393

When I had a home-based business and did notary work as a part of it, I would call a neighbor or two to witness a document. It didn't happen often. One day a man asked me to witness a document, not notarize it. It was a will. When the man died, now living in another county, his heir, because of the way the law was written, had to give the witnesses a ride to the other county's courthouse to sit for 45 minutes until the judge asked each of us, "Is this your signature?" A lawyer mentioned to me later that there is a codicil to a will that can be used that will prevent having to prove a signature. Wills are not required to be notarized in our state so I rarely have anyone request it now, but I definitely do not use my neighbors as witnesses anymore. I'm just glad that the person whose will it was got his own witnesses, and I happened to be one of them. My neighbors never had to go to court.