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Posted by Clem/CA on 3/22/18 8:28pm
Some Colorado EO is insisting that I have to notarize capacity for a POA signing. First she added the POA verbiage to the certificate attached to the DOT and put initial lines for the borrowers. Wrong! Before the signing I had to tell her that I would not include the name of the person that was not there. She then insisted that the signers initial the bad certificate anyway. Wrong! Sent back a Ca apa. She just sent another email telling me I had to notarize capacity. Wrong! I suggested that she call one of her counter parts in Ca. to clarify. and attached a note from My SOS. Must be hard for an EO to have to understand all the laws on an out of state job.
Dear Mr. XXXXXXXX,
Thank you for contacting our office regarding the duties of a notary public.
The signers capacity is signing as, President, Vice President, Husband, Wife, Attorney In Fact etc.
A California notary public may not notarize a signers capacity. The notary public may notarize an individual's signature only.
If you have additional questions or this information does not answer your questions, please let us know.
Sincerely,
Notary Public & Special Filings Section
A summary of the new laws affecting notaries public and helpful information is available on our website at www.sos.ca.gov/notary/newsletter.htm.
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