Posted by anonymous on 6/19/05 1:19pm
Msg #46035

QUESTION, state of CA

Correction Agreement
Limited Power of Attorney

In WITNESS WHEREOF, the undersigned have executed this Limited Power of Attorney as of the date and year first aboce referenced.

__________________ __________________
Borrower Borrower
It is the notary signature that goes after By below?

State of____________________
County of__________________

This Instrument was acknowledged before me on _________________
By___________________________________


___________________________
Notary Public
My Commission expires:__________

Reply by John_NorCal on 6/19/05 3:03pm
Msg #46047

Look in your handbook anonymous. This wording does not comply with CA law. The POA should be prepared by an attorney, or if this is for a real estate transaction, the title company should have the correct format for you.

Reply by anonymous on 6/19/05 3:20pm
Msg #46049

Re: QUESTION, state of CA-To John_NorCal

May I attach an ack? The real esate is here in CA but the loan company is in Arizona and did make the mistake of sending Arizona ack, corrected themselves with CA ack in the packet. However this form did throw me since I haven't seen this one before. Thank you, you are most helpful.

Reply by John_NorCal on 6/19/05 3:25pm
Msg #46052

Re: QUESTION, state of CA-To John_NorCal

Any form that you use has to conform with California law. If you need to replace the AZ ack with a CA ack then do so. You'll see a lot of loan packages that have wording appropriate to other states. Just disregard those and substitute the correct form.
Good luck

Reply by anonymous on 6/19/05 4:13pm
Msg #46063

Re: QUESTION, state of CA-To John_NorCal

Thank you again John.

Reply by TJ_CA on 6/19/05 10:20pm
Msg #46103

Re: QUESTION, state of CA-To John_NorCal

You may only use another state's notarial wording if the document is to be recorded in the other state AND does not require the notary to certify capacity of the signer. In your case, the property is in California and therefore will be recorded in California -- so, you must use a California Ack. However, if the property were an Arizona property, and it did not require you to certify capacity, then you could go ahead and use the Arizona wording. Page 9 of the California notary Handbook states:

"A notary public may complete an acknowledgment form required in another state or jurisdiction of the United States on documents to be filed in that other state or jurisdiction, provided the form does not require the notary public to determine or certify that the signer holds a particular representative capacity or to make other determinations and certifications not allowed by California law."

Reply by Easy Way To Remember on 6/20/05 10:49am
Msg #46136

Out - of - State Notarial Verbage

"When in doubt, leave it out" -- if you're not sure if you are violating any California notarial laws, keep it simple! Just use the CA All-Purpose Ack or Jurat (whichever applies) and you're safe.