Posted by Mpt_CA on 1/11/06 10:24pm
Msg #87725

Which Verbiage to Use

If a Deed has pre-printed AZ Verbiage, the property is in AZ, will be recorded in AZ but it will be signed and notarized here in CA, which Verbiage do I use.

Reply by Jenny__CA on 1/11/06 10:35pm
Msg #87727

You can use another state's Ack. as long as it does not require that you certify the signer's capacity.

Reply by Jenny__CA on 1/11/06 10:36pm
Msg #87728

Re: forgot to add: since it is recording in that state. n/m

Reply by TitleGalCA on 1/11/06 10:48pm
Msg #87732

Re: Which Verbiage to Use - AZ

Agree with Jenny, here's the except from the CA Civil Code:

CC1189 (b) and (c)

(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.

If you use the AZ pre-printed language, it must be conforming to AZ requirements.

Reply by Susan Shipman on 1/11/06 10:50pm
Msg #87734

Whoopsie, "excerpt". Can't spell tonight. ~NM~

Reply by Jenny__CA on 1/11/06 10:55pm
Msg #87737

Re: Whoopsie, "excerpt". Can't spell tonight. ~NM~

Now I am thinking about a post I read here before don't recall who said what but : How do you know what is the acceptable wording for a certain state? Is there a short cut or will I have to google all 49 states to view their jurats and Acks?

Reply by TitleGalCA on 1/11/06 11:23pm
Msg #87752

Re: Whoopsie, "excerpt". Can't spell tonight. ~NM~

Yep, that's what you have to do to know *for sure*. But no NSA is required to know such things.

I was on the AZ SOS site today, to find out that very thing. I had docs with a signing in AZ, but the property was here and will be recorded here.

The AZ ack was not conforming to AZ req's. I'll find out manana when our service calls and tells me it can't record.

Iwish the notary had just called me as the TC - it could have been a simple fix.

Reply by Jenny__CA on 1/11/06 11:34pm
Msg #87757

Re: Whoopsie, "excerpt". Can't spell tonight. ~NM~

It's interesting how you get to see all sides of the transaction.

Have a good night and good luck tomorrow.

Reply by CaliNotary on 1/11/06 11:57pm
Msg #87759

Re: Whoopsie, "excerpt". Can't spell tonight. ~NM~

I just always use California wording. I'm not going to waste my time researching the notary laws of other states when CA wording is just as acceptable.

Reply by Mpt_CA on 1/11/06 10:55pm
Msg #87736

Thanks you guys.