Posted by O/CNotary on 10/3/05 12:22pm
Msg #68513

I did a signing for a property located in VA, I am on CA.

SS called to tell me I didnt need to attach a CA Ack to replace the VA verbiage on the Notary Cert as the language was "basically" the same. At what point do we feel comfortable with the out of state language and not attach our own? Please reply, thanks.

Reply by Art_MD on 10/3/05 12:33pm
Msg #68515

Re: out of state verbage

To the best of my knowledge, you can only notarize documents that have verbage that conforms to your state's requirements.
Don't have my CA handbook handy so can't quote passage and verse.

Art

Reply by Giselle_CA on 10/3/05 12:38pm
Msg #68516

Re: I did a signing for a property located in VA, I am on CA

We can complete an acknowledgement required in another state as long as that document will be file in that other state. We can't certify capacity or make other determinations not allowed in CA.

Reply by O/CNotary on 10/3/05 12:45pm
Msg #68518

The DOT will be recorded in VA, but dont we still have to...

conform to the language used in the state the notarizaton took place, in this case is CA???

Reply by Giselle_CA on 10/3/05 12:55pm
Msg #68522

Re: The DOT will be recorded in VA, but dont we still have t

As long as the certificate does not ask you to certify capacity or other determinations not allowed by law in CA, you can fill that acknowledgment. Look up Section 1189 of the Civil Code.

Reply by KarenJ_CA on 10/3/05 1:07pm
Msg #68527

Re: The DOT will be recorded in VA, but dont we still have to...

From Section 1189 of the California Civil Code:

"(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."

Reply by CaliNotary on 10/4/05 12:37am
Msg #68689

The catch is....

While we can complete acknowlwedgements that comply with the state they'll be filed in, how many of us know for sure whether the wording actually complies? I've seen enough incorrect wording on CA documents to know that you can't assume that it's correct just because it's there.

You can't go wrong with attaching CA wording to these documents. I just make sure everything I notarize complies to California law and in 2.5 years it's never once been a problem.