Posted by Chris/calif. on 7/17/05 7:09pm
Msg #52833
Journal documentation
When doing loan docs and there are a couple of forms that need to be notatized, such as dot, signature affidavit, and etc. Should you have a journal line for each notrization in the loan docs or can we only have one journal line for the set of docs and indicate that is was a loan doc in the journal??
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Reply by bdinn_AZ on 7/17/05 7:23pm
Msg #52834
You would use one line in your journal for each borrower, not each doc notarization. Check out the journal from Notary Rotary, it has a place on each line where you can check off the doc's notarized and write in one's that are not listed. I got my first journal through the NNA, but this one is much better.
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Reply by dm/CA on 7/17/05 7:59pm
Msg #52843
California law does not specify how many lines to use, but it does require that you record a specific set of facts for each document. It is NOT sufficient to just write "Loan Docs" to describe the doc set.
As long as you keep track of the required info, if you can fit the info for more than one doc onto a line, Knock yourself out! That is one reason so many of us are fans of the Notary Rotary MOJO. It has pre-printed the names of the most commonly used docs on each journal line, so all you need to do is check off which ones you are notarizing.
link to CA notary handbook at: http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=6477735474+0+0+0&WAISaction=retrieve
The section of interest to you is:
8206. (a) (1) A notary public shall keep one active sequential
journal at a time, of all official acts performed as a notary public.
The journal shall be kept in a locked and secured area, under the
direct and exclusive control of the notary. Failure to secure the
journal shall be cause for the Secretary of State to take
administrative action against the commission held by the notary
public pursuant to Section 8214.1.
(2) The journal shall be in addition to and apart from any copies
of notarized documents that may be in the possession of the notary
public and shall include all of the following:
(A) Date, time, and type of each official act.
(B) Character of every instrument sworn to, affirmed,
acknowledged, or proved before the notary.
(C) The signature of each person whose signature is being
notarized.
(D) A statement as to whether the identity of a person making an
acknowledgment or taking an oath or affirmation was based on personal
knowledge or satisfactory evidence. If identity was established by
satisfactory evidence pursuant to Section 1185 of the Civil Code,
then the journal shall contain the signature of the credible witness
swearing or affirming to the identity of the individual or the type
of identifying document, the governmental agency issuing the
document, the serial or identifying number of the document, and the
date of issue or expiration of the document.
(E) If the identity of the person making the acknowledgment or
taking the oath or affirmation was established by the oaths or
affirmations of two credible witnesses whose identities are proven
upon the presentation of satisfactory evidence, the type of
identifying documents, the identifying numbers of the documents and
the dates of issuance or expiration of the documents presented by the
witnesses to establish their identity.
(F) The fee charged for the notarial service.
(G) If the document to be notarized is a deed, quitclaim deed, or
deed of trust affecting real property, the notary public shall
require the party signing the document to place his or her right
thumbprint in the journal. If the right thumbprint is not available,
then the notary shall have the party use his or her left thumb, or
any available finger and shall so indicate in the journal. If the
party signing the document is physically unable to provide a
thumbprint or fingerprint, the notary shall so indicate in the
journal and shall also provide an explanation of that physical
condition. This paragraph shall not apply to a trustee's deed
resulting from a decree of foreclosure or a nonjudicial foreclosure
pursuant to Section 2924 of the Civil Code, nor to a deed of
reconveyance.
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Reply by Stephanie Santiago on 7/18/05 3:39pm
Msg #52943
Re: Journal documentation...dm/CA.....explain to me how
the time of notarization of say a dot and an affidavit of occupancy & financial status can be entered into a journal as the same exact precise time.
The dot is generally towards the fron of a loan packet, while additional docs needing notarization are throughout the loan packet.
So, by entering official acts into your Notary Rotary MOJO, you are not being detailed - not in regards to the time each doc is notarized.
***How do you justify this?
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Reply by Stephanie_CA on 7/18/05 3:30pm
Msg #52939
Re: Journal documentation....Chris...
I highly recommend to get the correct answer to your inquiry, you go to the CA Secretary of State, Notary Public Section - open the 2005 Notary Public Handbook. On pages 7 & 8 referring to Government Code Section 8206(a), a response to your question is adressed - straight from the California notary Public Handbook.
**I ALWAYS follow CA notary Law. When it comes to my duties as a Notary Public - I am very straight arrow.
Why cause problems for myself by not following Notary Law.
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