Posted by Merry_CA on 7/19/05 12:45pm
Msg #53123

ACKS

Yesterday I said I would call the CA SOS office for additional clarification on the ack/jurat, borrower (signer) present/not present issue.

I just talked with the CA SOS regarding being asked by SS, TC and Lenders (for whatever reason) to supply duplicate acks and/or jurats. In CA it's a big NO-NO without the signer (borrower) being present to present their I.D. again and to sign and thumb print the journal for the duplicate ack/jurat. CA notaries are not following the law if they do not have the signer w/ I.D. present for each and every notarial act.

Also... If a doc is titled "Affidavit" (of whatever) it requires a jurat. Attach a loose jurat if the doc has ack wording and be sure to give the oath.

SOS said it is not UPL to perform correct notarial acts, regardless of what some lender, SS or TC has asked you to do. As a matter of fact we are required as CA Notaries Public to follow CA law.

Reply by BrendaTX on 7/19/05 1:02pm
Msg #53132

This is very interesting. Good for you for doing your due dilligence.

Reply by Merry_CA on 7/19/05 1:38pm
Msg #53143

Thanks Brenda! ;) ...

I was getting so confused with all the varying opinions on this subject. The bottom-line is the we are Notaries Public first, the laws of the notary's state must be followed for EACH notarial act. We are commissioned by the SOS and expected to follow the law.