Posted by LS_Ca on 8/18/05 9:53am
Msg #59866

absent signer

Verification to a silly questioni. I have a signing this afternoon where one person may not be present. Doesnt it depend on the notarial wording (jurat vs acknowledgement) whether or not that person needs to sign in my presence. And if it is an acknowledgement, the signer does not have to sign in my presence or can a subscribing witness sign my journal instead?

Reply by Dave_CA on 8/18/05 12:16pm
Msg #59906

You need to read your state handbook but for now.
In CA, for a jurat the person must always be present to take the oath or affirmation and sign. This is true even if the other docs are being signed using a POA.

Additionally, the use of a proof of execution by Subscribing Witness "should only be used as a last resort and never merely because the principal signer prefers not to take the time to personally appear before a Notary."

Proofs of execution are not permitted with mortgages, deeds of trust, security agreements,quitclaim deeds, and grant deeds, but are allowed with trustee's deeds resulting from foreclosure and deeds of reconveyence.

Reply by Brian/CA on 8/18/05 12:43pm
Msg #59913

As a notary let the borrower tell you if the other party is not going to be there, if she/he is not notify the SS or TC, let them decide what to do about the 2nd party. I would let them know in advance, they may want to postpone the signing. Otherwise they may arrange for another notary to meet with the other party and let you do this one. I would not proceed with a signing with out getting the O.K. from who ever called you. I would never suggest using a subscribing witness on any notarization unless actually asked about a situation, as mobile as notaries are there is very little need for this, too much of a chance for fraud.