Posted by PB_CA on 10/26/05 5:33pm
Msg #72487

Property in Arizona

This is my first time doing a purchase in a different state, just a quick question because I'm doubting myself. Do I attack loose certificates to all the Arizona notarial wording to follow the California state laws?
TIA

Reply by Brenda/CA on 10/26/05 5:53pm
Msg #72491

The new law goes into effect in 2006. It will affect all signings you do, because the signing takes place in California.

Reply by Brasring_Ca on 10/26/05 6:01pm
Msg #72493

I have a friend and she invests in properties all over. I did a property for her in Arizona last month. You may use the wording and simply change the venue; State of Arizona County of ?????...... Line through Arizona and write California then you initial it and do the same for the County of ??????. You may then proceed with the pre-printed wording. Now, on the Jurat style notarizing, I used my California jurat stamp and crossed out the Arizona jurat wording. All documents were great and loan went through! Hope this helps, have a great day! Jenifer

Reply by Joan Bergstrom on 10/26/05 8:48pm
Msg #72516

I concur with Brasring_Ca. When the property is located in another state we can use their Acknowledgment verbiage, but we must use our 2005 Calif Jurat wording. Just line through their Jurat wording and apply your 2005 Jurat Stamp.

Concerning other state's Acknowledgment wording we can't do anything that is illegal for a Ca. Notary to do (proving a person(s) Capacity) and Arizona ACK. wording is perfectly OK to use for a property located in that state.

Reply by TitleGalCA on 10/26/05 9:44pm
Msg #72527

PB, most, if not all, states have reciprocal agreements about accepting other states certificates. In CA, it is never questioned about an out-of-state certificate, regardless if the language meets CA requirements or not.

Reply by Joan Bergstrom on 10/27/05 12:05am
Msg #72547

TitleGalCa is wrong on this issue

Calif state law allows notaries to use the acknowledgment verbiage from other states if the document will be recorded in that other state. The ACK. verbiage may be different from the Calif. verbiage but may be verbiage required in that other state.

The most critical issue here is that the verbiage may not require a Calif. notary to do anything "ILLEGAL."

For example a Ca. notary may not determine or certify that the signer holds a particular representative capacity.

Acknowledgments made in Ca. require that the signer simply claim their authorized capacity which is not necessarily known or proven to the notary.

Other states states may require that the a notary know or otherwise certify the the capacity of a signer such as a CEO/ Secretary/etc.

If we certify the capacity of a signer we have done an illegal notarization.