Posted by janCA on 5/16/05 4:13pm
Msg #38114

Signing in the capacity/conflicting answers from NNA

I've gotten conflicting answers from NNA, so I'm going to this board.

Signature line is stating, John Doe as trustee and also in his capacity as individual. John Doe can sign as such and I can notarize with John Doe, just not in any capacity, right?

Reply by Sam I am on 5/16/05 4:56pm
Msg #38120

Can you re-word your question? I'm not sure I understand what you're asking.

Reply by Sylvia_FL on 5/16/05 5:02pm
Msg #38123

As far as I know, California notaries cannot notarize the capacity, however on the California All Purpose Acknowledgment there is a box where you can check "trustee".

Reply by CAtitlegal on 5/16/05 5:06pm
Msg #38126

It should be notarized as John Doe.

Reply by janCA on 5/16/05 5:09pm
Msg #38128

Thanks. I spoke with two different individuals at NNA, one said no, cannot notarize signature which is stating capacity, other said signer can sign any way he wants as long as notarization is only with his name and no capacity.

Reply by janCA on 5/16/05 5:06pm
Msg #38127

The signature line for the borrower has "Jon Doe as trustee and also in his capacity as individual. Can the borrower actually sign his name in this way just as long as I notarize just as "Jon Doe" not as trustee and also in his capacity as individual. Sorry, about the confusion.

Reply by SamIam_CA on 5/16/05 5:32pm
Msg #38131

Got it now - Sylvia and Title Gal are correct. In CA you can not determine capacity. So on the certificate the name of the person that appeared before you is just Jon Doe - not Jon Doe as Trustee. That way you are not notarizing his capacity.

Reply by Sylvia_FL on 5/16/05 5:33pm
Msg #38133

Yes, he must sign exactly as printed on the signature line.
But you notarize John Doe

E-mail me ([e-mail address]) if you need those CA All Purpose Acknowledgments with the box to check "trustee"

Reply by PAW_Fl on 5/16/05 5:37pm
Msg #38137

The signer needs to sign EXACTLY as it is printed. (IMO, it should have two signature lines, one for John Doe the individual and one as John Doe, Trustee. Or at least simpler wording: John Doe, individually and as trustee.)

Your notarization is for the PERSON's signature only, that is John Doe. The capacity should not be a part of your certificate (in California).

Reply by janCA on 5/16/05 7:01pm
Msg #38167

He grumbled.

The borrower grumbled quite loudly on having to sign this way. There is never enough room on the signature line. whoa as me. The wife informed me she just got her notary and will be doing signings, but after going through this HELOC, very simple, you know if you've done enough of them, she was a bit overwhelmed.

Reply by Bobbi in CT on 5/17/05 6:46am
Msg #38263

Yes in Connecticut. Different in every state. /nm



Allowed by our statutes, BUT every state is different.