Posted by janCA on 2/3/05 11:46am
Msg #19326

Signature by Mark/CA

I'll be doing a loan package this evening for someone who will be signing with a signature by mark. This will be the first one I have done.

The CA handbook explains it quite well, but in addition the CA primer says, "for a document filed in CA, county recorders require the witnesses to sign a statement on the document confirming the particulars of the procedure. This statement is in addition to the notarial certificate. And then it proceeds to the wording of the statement that the county recorders prefer, and each witness is required to sign. This is not stated in the notary public handbook from the SOS. What is the proper procedure? Of course, the Primer is put out by the NNA so it's rather confusing as to what needs to be done. TIA

Reply by Sherri_In on 2/3/05 12:57pm
Msg #19336

You should probally call the Title Company and check how the statement needs to read. There are strict ALTA guide lines when it comes to insuring a document signed with an "X". They may also be able to supply you with the statement, I know the ALTA reference books used to carry samples of the statements.

Reply by Terri - CA on 2/3/05 1:54pm
Msg #19341

If the Title Company can't or won't help, try calling the County Recorder's office for the county which the Deed will be recorded in.

Witnesses will need to sign every where the "signer" makes his/her mark, and you still need to ID the "signer."

Good Luck!

Terri
Lancaster, CA

Reply by janCA on 2/3/05 2:33pm
Msg #19345

Re: Signature by Mark/CA/Will be POA instead

Thanks. I did try the country recorder's office and all I get are "recordings". Even tried SOS and kept getting busy signals.

Turns out that the nephew will actually be signing as the Power of Attorney and uncle won't be signing with X or otherwise.

Reply by Kim/Southern CA on 2/3/05 11:02pm
Msg #19383

Hi Jan,

I had a signing last year where one of the borrowers had to sign by mark. She also didn't have id, so there were two credible witnesses present. The title company informed me of all of this before I accepted the signing. There is specific wording that needs to be on the DOT. I called the County Recorder and read the wording from the primer to her, she said that was correct and I added it. It recorded without a problem.

Kim