As I read this…There are two SEPARATE signatures on the Deed of Trust that need to be acknowledged before the notary. That means two separate notary acts. Which would mean two separate notary certificates should be created and entered into the Journal. Betty P. Fence and Betty Privacy Fence, trustee. We acknowledge signatures only in California and never capacity within the acknowledgement. Two separate acknowledgments should have been created to cover each notarial act. The way the bank wrote up the certificate is a very grey area or just plan incorrect. Personally I would never put the same person on one acknowledgment because there are two acknowledgments required. That being said, there also should have been a loose certificate to acknowledge the second signature. If she (notary) crossed out one of the two names on the certificate she has only acknowledged one signature. The bank needs both signatures acknowledged and notarized on the Deed of Trust. This is very common when dealing with Trust in California. The best way to remedy this situation would be to have the notary meet with Betty and acknowledge the second signature using a loose certificate. Problem solved. I am only basing this response on the information that I was given. Hope this helps her. Good luck.
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Messages in this Thread |
| Something new for me. - Belinda/CA on 1/7/17 11:32am |
| Re: Something new for me. n/m - LKT/CA on 1/7/17 11:59am |
| This is very common for me in commercial loan signings - ananotary on 1/7/17 12:06pm |
| Re: Something new for me. - LKT/CA on 1/7/17 12:08pm |
| You are over thinking it. It's not uncommon for one document - ananotary on 1/7/17 12:10pm |
| Re: You are over thinking it. It - LKT/CA on 1/7/17 12:26pm |
| Got it. I would have provided two so I guess we agree. n/m - ananotary on 1/7/17 12:49pm |
| Yes, agreed...separate certs in CA n/m - LKT/CA on 1/7/17 1:48pm |
| LKT , what CA code states that? - rengel/CA on 1/8/17 1:30pm |
| Re: LKT , what CA code states that? - LKT/CA on 1/8/17 1:54pm |
| Re: LKT , what CA code states that? - VT_Syrup on 1/8/17 2:45pm |
| Brilliant, VT Syrup!! - LKT/CA on 1/8/17 3:33pm |
| Very common in Trusts & Estates world .. - BobbiCT on 1/7/17 12:55pm |
| Very common in CA also. n/m - ananotary on 1/7/17 1:25pm |
| Re: Very common in Trusts & Estates world .. - LKT/CA on 1/7/17 6:21pm |
| Re: Very common in Trusts & Estates world .. - VT_Syrup on 1/7/17 6:33pm |
| Re: Very common in Trusts & Estates world .. - LKT/CA on 1/7/17 8:58pm |
| Re: Very common in Trusts & Estates world .. - LKT/CA on 1/7/17 9:23pm |
| I'm sorry, but I agree with what VT was getting at - Linda_H/FL on 1/8/17 8:05am |
| Re: I - LKT/CA on 1/8/17 9:44am |
| Re: Something new for me. - Laurie Manzanares on 1/8/17 12:02am |
| Wait - I have a question... - Linda_H/FL on 1/8/17 9:48am |
| Yep, Linda is correct - Blueink_TN on 1/8/17 9:55am |
| Re: Wait - I have a question... - LKT/CA on 1/8/17 10:41am |
| Re: Wait - I have a question... - Laurie Manzanares on 1/8/17 10:44am |
| One FINAL thought - LKT/CA on 1/8/17 10:58am |
| Re: One FINAL thought - ananotary on 1/8/17 11:26am |
| Re: One FINAL thought - LKT/CA on 1/8/17 12:32pm |
| Re: One FINAL thought - Laurie Manzanares on 1/8/17 11:43am |
| Re: One FINAL thought - LKT/CA on 1/8/17 12:35pm |
| Oh Lordy. n/m - ananotary on 1/8/17 12:52pm |
| Re: I agree we have agreed the whole time-lol n/m - Laurie Manzanares on 1/8/17 1:04pm |
| Right? I even have a post above saying that. I guess the - ananotary on 1/8/17 1:09pm |
| Again, where is the CA code that you are talking about? - rengel/CA on 1/8/17 1:47pm |
| Re: Again, where is the CA code that you are talking about? - LKT/CA on 1/8/17 1:57pm |
| Re: Ca code section 1193 - Laurie Manzanares on 1/8/17 9:01pm |
| Re: Ca code section 1193 - VT_Syrup on 1/9/17 8:58am |
| Re: Wait - I have a question... - linda/ca on 1/9/17 6:21pm |
| Re:Correction...should have spelled separate, not seperate. n/m - linda/ca on 1/9/17 6:24pm |
| Re: Something new for me. - Donna LaBelle on 1/8/17 2:37pm |
| Surprised how many notaries are not commenting. - Belinda/CA on 1/8/17 5:36pm |
| Well, I've been pretty busy filling sandbags and putting - Cheryl Elliott on 1/9/17 8:18am |
| Re: Well, I*ve been pretty busy filling sandbags and puttin - VT_Syrup on 1/9/17 9:07am |
| Re: Well, I*ve been pretty busy filling sandbags and puttin - LKT/CA on 1/10/17 4:47am |
| I do exactly as Cheryl. One acknowledgement - garland/CA on 1/10/17 1:50pm |
| Re: Something new for me. - jojo_MN on 1/8/17 7:20pm |
| Me too JoJo, but they can't use the capacity in CA.. n/m - Linda_H/FL on 1/8/17 7:48pm |
| Re: Something new for me. - JanetK_CA on 1/9/17 1:50am |
| Here's the California SOS language from handbook - Cheryl Elliott on 1/9/17 8:53am |
| It is very common in commercial loan signings for one person - ananotary on 1/9/17 11:03am |
| Re: It is very common in commercial loan signings for one person - JanetK_CA on 1/9/17 3:02pm |
| Thanks all. - Belinda/CA on 1/9/17 9:43pm |
| Re: Thanks all. - LKT/CA on 1/10/17 7:45am |
| Irrelevent - ananotary on 1/10/17 10:08am |
| Bingo! - LKT/CA on 1/10/17 11:59am |
| Yikes, we are all speaking to our experience - ananotary on 1/10/17 12:02pm |
| Re: Yikes, we are all speaking to our experience - LKT/CA on 1/10/17 12:51pm |
| It is common in commerical loans. It doesn't mean - ananotary on 1/10/17 1:23pm |
| Nope, won't accept as rhetorical.... - LKT/CA on 1/10/17 8:02pm |
| OK, you win. I should have stopped a LONG time ago. - ananotary on 1/10/17 11:16pm |