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Re: Is This My Job To Oversee Split Signing Notary Work?
Posted by  Marian_in_CA of CA on 7/25/11 12:44am Msg #391050
"They didn't say "only if the state requires that wording for filing", we really have no way of knowing that. They actually put that in one of their quarterly magazines about allowing out of state acknowledgments."

Who really cares what the NNA says about it? The NNA often gives out incorrect (or too general) You should pay attention to what the state handbooks says:

"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."


So, the requirements are:

1) Required in another state or jurisdiction of the United States on documents to be filed in that other state or jurisdiction.
2) 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.


Too many CA notaries just consider #2 and not #1... that the ACK is "required....to be filed" in that other state. As as been discussed here before, every state in the country must recognize a properly executed acknowledgment done in another state. Even recorders in CA must accept out of state wording if it were properly done from that other state.

Personally, I don't even consider #2 unless I can get past #1 first. I've yet to find a situation where #1 applies.
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Messages in this Thread
 Is This My Job To Oversee Split Signing Notary Work? - NotaryMot/CA on 7/24/11 4:00pm
 P.S. - NotaryMot/CA on 7/24/11 4:07pm
 Well, not completely true -  Linda_H/FL on 7/24/11 4:36pm
 But is that the case here? -  JanetK_CA on 7/24/11 5:34pm
 I was addressing the "P.S." -  Linda_H/FL on 7/24/11 5:42pm
 I think you're right Janet...I think I mis-read it -  Linda_H/FL on 7/24/11 5:43pm
 Thank U! n/m - NotaryMot/CA on 7/24/11 7:18pm
 Re: But is that the case here? - NotaryMot/CA on 7/24/11 7:16pm
 Re: Is This My Job To Oversee Split Signing Notary Work? -  Notarysigner on 7/24/11 5:47pm
 Re: Is This My Job To Oversee Split Signing Notary Work? -  Marian_in_CA on 7/24/11 8:17pm
 Re: Is This My Job To Oversee Split Signing Notary Work? - NotaryMot/CA on 7/24/11 11:44pm
 Ah, an NNA grad. So expensively armed with so little -  Susan Fischer on 7/25/11 12:14am
 Re: Is This My Job To Oversee Split Signing Notary Work? -  Marian_in_CA on 7/25/11 12:44am
 The correct resource for accurate notary info in California -  JanetK_CA on 7/25/11 2:17am



 
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