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 Re: Should I Have Said No? (California)
Posted by  JanetK_CA on 4/7/19 3:10pm

I pretty much agree with your assessment, Gerard. As with many things in life, a little common sense can go a long way, and I've never been concerned about that in a verbal conversation. Wink (The only exception would be when the conversation is in Spanish, as required by state law. I either avoid using the term "Notario/a" altogether or I include a statement explaining what a 'notary' is in this country and that we are not lawyers, etc.)

I try to look to the intent and the context as guides. When the context is just a being presented with copy of an ID that someone says they need notarized, I want to separate myself from any act that sounds like I'm certifying or guaranteeing anything beyond the facts stated in my notary certificate. (So the signer makes the certification and I notarize their signature on their statement.)

However, if I'm presented with a statement from a lender or title company in a loan package that, to me, has the intent of confirming that I did examine what qualifies as acceptable ID in my state and determined that this person provided satisfactory evidence, I'll consider signing it. But that's only as long as the wording doesn't feel like it's asking me to do something not permitted under my state law. Signing with a different title than "NP" is primarily a technicality and a precautionary reminder that a CA NP cannot certify anything except a copy of a POA or a journal line item entry. There have been a few that I didn't sign at all.
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