Posted by SamIam_CA on 6/2/05 1:31am
Msg #41727

Crazy night!

Indoctrination by fire! Tonight I did a loan in San Diego for a 2nd home located in Georgia. No RTC - yikes. Had to get a witness on the 'security deed' and completed 8 certificates - only one of which had the California legal wording.

Then it was off to a fancy restaurant in La Jolla. Customer needed a notary for a Florida form called "Authorization for Cremation and Dispositions". Guess the funeral home needed to be sure he was really who he said he was before they cremated Mom. It's hard to go to sleep after one like that.

Reply by AngelinaAZ on 6/2/05 2:18am
Msg #41729

Hope it was Top of the Cove or George's after your crazy night. Sushi on the Rock is my personal favorite.. is it still there?

Reply by SamIam_CA on 6/2/05 9:53am
Msg #41768

I love top of the cove too - not familiar with Sushi on the Rock. Maybe Maggie May and I could research that one together!

Reply by Art_MD on 6/2/05 6:53am
Msg #41734

Samantha,

Remember that if the papers are for out of state, they don't have to have the CA legal wording.

Art

Reply by PAW_Fl on 6/2/05 8:18am
Msg #41750

I beg to differ. Under FL statutes (§92.50 and §695.03), if an oath/affirmation or acknowledgment is given/taken out of state, then the oath/affirmation or acknowledgment must conform to that state's laws. Therefore, if CA requires certain wording, then that wording must be included for the notarization to be lawful in the state of Florida.

Interestingly though, for states like Michigan which do not require the use of an embosser or stamp, the statute states: "If the acknowledgment or proof is made before a notary public who does not affix a seal, it is sufficient for the notary public to type, print, or write by hand on the instrument, 'I am a Notary Public of the State of (state) , and my commission expires on (date) .'"

Reply by SamIam_CA on 6/2/05 10:20am
Msg #41777

I concur with Paw. I'd love to have done it Art's way. It would have been much easier. In CA we have to have the wording be right for our state. Then for the GA refi I had to have the witness requirements for their state so it will record there.

I must say that NotRot saved my ass on this one. Had I not read this entire board I would not have realized that I had to attach all of the certificates to be CA legal nor would I have had a witness on the security deed. The CA handbook is swell if you work as only a NP and not a NSA.

On the cremation form I also had to attach the ack. There was only a line for the NP signature, name and address. They indicated notary should stamp in the margin next to that. No certificate area at all.

Reply by Art_MD on 6/2/05 10:27am
Msg #41778

Re: Crazy night! PAW.

According to CA 1189
(b) Any certificate of acknowledgment taken in another place shall be sufficient in this state if it is taken in accordance with the laws of the place where the acknowledgment is made.
(c) On documents to be filed in another state or jurisdiction of the United States, a California notary public may complete any acknowledgment form as may be required in that other state or jurisdiction on a document, provided the form does not require the notary to determine or certify that the signer holds a particular representative capacity or to make other determinations and certifications not allowed by California law.

So, if a CA notary has a form that completely meets FL notary wording, according to (c), it is sufficient and they can notarize it. BUT, according to FL statues, it is not acceptable in FL and has to have CA wording !!

How is one to know this !!!

Art

Reply by SamIam_CA on 6/2/05 10:31am
Msg #41780

Re: I looked it up too

Art - I'm with you 100% - just re-read 1189 for like the millionth time. I did UPL on myself and determined that as long as I always use the CA wording my tush is covered for both my state and theirs.

Reply by Art_MD on 6/2/05 10:44am
Msg #41788

Re: I looked it up too

That makes for a real pain if all the docs are preped for say FL and the person's wants to sign in CA. Following 1189 (c) would mean it would not be valid in FL. A lot of loose acknowledgements !!!

MD has no reference even close to 1189 c

Art

Reply by SamIam_CA on 6/2/05 10:52am
Msg #41792

Re: I looked it up too

***A lot of loose acknowledgements !!! ***

You got that right. Glad I filled them all out (except my signature and stamp) before I got there. She didn't have a table so we shared a TV tray.

Reply by PAW_Fl on 6/2/05 10:58am
Msg #41798

Re: I looked it up too

No, it would be valid in FL since CA law says it is okay, therefore the certificate, though FL compliant, would be valid in both jurisdictions. FL only requires that the state laws of the state in which the notarization takes place is followed. If the state allows certificates acceptable to other states, then it would be acceptable in FL since it is allowed by CA statute.

Either way, using a CA compliant certificate, or one generated for FL, sans capacity information, would be acceptable in FL as both are compliant with CA statutes.

Reply by PAW_Fl on 6/2/05 10:52am
Msg #41793

Re: Crazy night! PAW.

Considering the certificates that I have seen recorded here in Florida, I wouldn't worry about it. Whatever you can do in CA, by CA statutes, must be accepted here in FL. So, if CA, allows a CA notary to use a FL compliant certificate, even in CA, then it is acceptable under FL statutes since it conforms to CA law.

So, the notary only needs to know their own laws for notarizing signatures. There is no requirement that a notary must know the notary law of the state the document will be sent to or recorded in.

Reply by Art_MD on 6/2/05 10:55am
Msg #41794

Re: Crazy night! PAW.

You have to be a lawyer to read it that way - but your right. (no insult intended)

Art

Reply by SamIam_CA on 6/2/05 10:55am
Msg #41795

Re: Crazy night! PAW.

And with that said - I am off to UPS to drop off the docs. Ciao!