Posted by Life Saving Services - Doug on 7/9/06 7:37pm
Msg #131978

To Continue Out of State Signings in California

OK OK If I understand this correctly. Sign and date the out of CA. Notorized section of the doc's then attach an acknowledgement and fill in the bottom section stating the Doc it belongs to. If this docuement is recorded in another state you are OK and you are in compliance with CA. with the attached acknowledgement. If this is true why don't we ( if you have one ) just stamp the additional acknowledement language on the out of state doc and sign and execute both ?

Just trying to understand, any feed back is appreciated.

Reply by kathy/ca on 7/9/06 7:46pm
Msg #131981

It may not be just "additional ack language", it may be

substantailly different. If you have an ack stamp, I guess you could cross out the entire out of state language and stamp with the Ca Ack language. In every loan signing I have done that is out of state, I have always used my CA acks and have never had any come back to me or be questioned about it. Reason is, how do I know that the enclosed out of state ack is truly the acceptable language for THAT state, I dont, so am therefore comfortable using Ack language I KNOW is correct.

Reply by BrendaTx on 7/9/06 8:01pm
Msg #131983

**If this is true why don't we ( if you have one ) just stamp the additional acknowledement language on the out of state doc and sign and execute both ?**

(1) My feeling is that one notarial act, once certificate.

(2) Your duplicate out of state/in state certificate can be clipped off the document and attached to another document.

(3) Though not stated in the notary education materials (handbook) in Texas, I have been told by Tx title company personnel that stamps are not acceptable on recorded documents. I have not researched this to assure myself of this but this is a rule I follow (not using an ack stamp) on conveyance instruments.

Reply by Jon on 7/9/06 8:52pm
Msg #131990

Why would you complete two acks? One is sufficient for recording in any state. If you read Ca code, which is included in the handbook, it is very clear.

Never trust notary law given to you on a message board. You MUST research for yourself and check EVERY answer against Ca code. If you ever have to go to court, you had better be able to explain yourself.

Reply by kathy/ca on 7/9/06 9:20pm
Msg #131994

No one said anything about completing 2 acks. It was said

that possibly the added notorial CA language could be stamped in the out of state Ack. Just 1 ack!

Reply by Joe Ewing on 7/9/06 10:17pm
Msg #132003

Re: No one said anything about completing 2 acks. It was said

**CERTIFIED LOAN SIGNER ** 951-258-5095 - Doug Beaver
You look a little desperate in your profile Doug.

Notary Public
New Acknowledgment Requirement for 2006 for every acknowledgment taken and filed within the state.

Assembly Bill 361 (Statutes of 2005, Chapter 295) was signed into law and makes several significant changes in current notarial law, including the amendment of Civil Code section 1189 as described below.

Effective January 1, 2006, the California certificate of acknowledgment must be in the form set forth in Civil Code section 1189, rather than "substantially" in the form set forth therein. The form set forth in Civil Code section 1189 did not change, but variations in the California form are no longer permitted. (The law regarding acknowledgments to be used with documents to be filed in other states has not changed (Civil Code § 1189(c)).


Regarding that stamp. Acknowledgment Stamp would have to be large enough to be photographically recordable.

Reply by BrendaTx on 7/9/06 11:54pm
Msg #132015

Re: No one said anything about completing 2 acks. It was said

Doug said this, Kathy:
**If this is true why don't we ( if you have one ) just stamp the additional acknowledement language on the out of state doc and sign and execute both ?**

I think that indicates two acks - operative word is "both."

Thus, my response that one could be clipped off and attached to an additional document.

Reply by kathy/ca on 7/10/06 12:31am
Msg #132020

I thought he meant to stamp the add'l Ack "LANGUAGE" not an

add'l Ack. My mistake!

Reply by BrendaTx on 7/10/06 12:34am
Msg #132021

Re: I thought he meant to stamp the add'l Ack - Kathy/Ca

Thank you so much! That's the first time I have been "right" in so long I cannot remember.

Reply by Kelly M Robertson on 7/9/06 10:07pm
Msg #132001

Doug - you can call me about this for understanding

However, I bet you "get it". Feel free!

Reply by larry Schaffer on 7/9/06 11:37pm
Msg #132013

i thought for an out of state document, to be recorded in another state, you could sign and stamp the wording and it only needs to comply with the recording states wording requirements. is this not ture?

Reply by Life Saving Services - Doug on 7/10/06 1:03am
Msg #132026

OK then the proper way for a Calif. Notary in Calif. would be to attach the Calif. Acknowledgment, Notorarize it and make sure you place in the bottom section the description of the attached docuement. Then to notarize the out of state doc. In this way complying with Calif.'s Wishes and making sure the out of state Doc can be recorded in there home state without the Calif. Acknowledgement if they want ?

Woud this be correct or am I over complicating it ?

Reply by Ndwa on 7/10/06 3:55am
Msg #132033

You sounded like a stamp happy kind of guy. It's either or, not both.

Reply by Pamela on 7/10/06 9:06am
Msg #132042

Doug,

Doug, Good Morning!

For further reference, any document "notarized in California", requires either a
California Acknowledgement or California Jurat, with the revised California notarial verbiage.

Any (and all other) incorrect notarial verbiage, is to be lined through and initial by the notary (you). If there is space on the document for a Jurat or Acknowledgement stamp, then stamp it.
However, if there is no space, then attached either a loose Acknowledgement Certificate or Jurat Certificate.

[Note: Also make reference to the loose certificate as to "Please see attached Acknowledgement Certificate" or similiar wording. Make this annotation below the lined
through incorrect verbiage. I usually print this on the notary signature line.]

As a California notary, you ARE NOT required to know the notarial verbiage (and requirements) for all 50 states! However, you MUST know California's notarial laws!
Please re-read the California Secretary of State's 2006 Handbook, regarding this issue.

Once again, Doug, you are mandated to notarized documents with the correct California notarial verbiage (via stamp or loose certificate). All other incorrect notarial verbiage is to be lined through and initialed!

Take Care!

Pam

Reply by GF_CA on 7/10/06 9:40am
Msg #132046

Re: Doug,

Does really exist a Ca Ack stamp? I never saw one. I have a CA jurat stamp that I bought here …. Does also the notary need initial after he/she put one line though the wrong word and write “see attached”? Never done. I guess I learn something new every day ...

Reply by Pamela on 7/10/06 10:52am
Msg #132056

GF! Re: Doug,

Good Morning GF!

Yes! There is an Acknowledgement stamp!
Mine was purchased via "gomobile" (Great customer service).
It came pre-printed with both my name and notary title.
There are two stamps to choose, either blank (and the
notary fills in the name and title) or pre-printed.

I've seen many a document (including those issued in, and to
be filed in, California) with incorrect notarial verbiage.
Each incorrect word (or words) is lined through and initialed.
However, if an entire section or block is wrong,
I line through the entire verbiage, line by line and place
my initials at the beginning of each sentence and/or venue.

The appropriate stamp or loose certificate is then used as replacement.

So far, so good!

Have a Good (and cool) day!

Pam

Reply by kathy/ca on 7/10/06 10:25am
Msg #132052

Not only are you over complicating it, you are incorrect.

Just use your CA verbiage and notary certs and you will be fine, but remember, just 1 notary cert per notarization, thats it, just one!

Reply by Pamela on 7/10/06 9:13am
Msg #132043

Hello Larry!

No, this is incorrect!

All documents notarized in California, are to be completed using the correct
California notarial verbiage. Please re-read the California Secretary of State
2006 Handbook.

Also, as a California notary, you are required to know only this state's notarial
laws, not all fifty!

Have a Good Day!

Pam