Posted by Anonymous on 6/16/06 5:15pm
Msg #126375

I have a few quick questions.

I am new (I have done about 15 with no problems)

These docs are different than the ones I have ran across before.

On the Adj Rate note, the last page has "Witness the hand(s) and seal(s) of the undersigned and only has a spot for the borrower. Does this need any thing from me? Should I use a loose acknowledgement?


Then on the Compliance agreement, it has the words "Sworn to before me this" and then a blank for "notary public" This does not have the Jurat wording. How should I handle this...

I know these may be basic questions, but I have not seen this quite like this and I really don't want to screw this up...

Thanks
Anon in CA

Reply by Annette_CA on 6/16/06 5:20pm
Msg #126377

Contact the company who generated the docs. They are the ones to provide this guidance.

Reply by Ndwa on 6/16/06 5:23pm
Msg #126378

1. Only borrower sign the note and you need not do anything.
2. If the notary wording on a document does not comply with your state (CA) requirements then attach a loose certificate.

Reply by Annette_CA on 6/16/06 5:27pm
Msg #126379

The thing is ...
California requires California Ack. wording ONLY on docs recorded in CA. The Sec State sites specifically states that our required wording is not required in other states. This Notary needs to contact the company and ask if the desire an Ack or a Jurat.

Reply by Jenny_CA on 6/16/06 5:35pm
Msg #126380

"The thing is...."

Are you saying that ND's advice of using the appropiate certificate per SOS is wrong?


Did I not read into the question deep enough, and missed that it was being recorded out of state? Notarize in CA, use CA certificate.

Reply by Jon on 6/16/06 8:52pm
Msg #126405

Exactly where on the SOS site state that the CA Ack is not required in other states? I have never seen that.

Reply by Jenny_CA on 6/16/06 5:38pm
Msg #126382

NDwa, got theproblem w/ the left side of computer fixed.

Now I can try to catch up on weeks of not reading the board.

Reply by Ndwa on 6/17/06 12:30am
Msg #126460

Jenny - Good to here/see you're back online n/m

Reply by Ndwa on 6/17/06 12:31am
Msg #126463

Re: Jenny - Good to hear/see you're back online n/m

Reply by Gerry_VT on 6/16/06 5:35pm
Msg #126381

Anonymous from 24.6.42.170: "On the Adj Rate note, the last page has "Witness the hand(s) and seal(s) of the undersigned and only has a spot for the borrower. Does this need any thing from me? Should I use a loose acknowledgement?"

You do not say what state the property is in. It was discussed before on this board that in some states, there is an archaic custom that the signer uses a personal seal. Since few borrowers have their own seals, this has been simplified in these juristictions so that the word "seal" or the letters "L.S." serve as a seal for the borrower. So the phrase "Witness the hand(s) and seal(s)" has the same effect as if the borrower pulled out a brass seal and lit a stick of sealing wax and sealed the note.

Some people do have personal seals; I had a roommate at U. Southern California who was from Taiwan; he had a chop, which is his name carved on a hard seal in Chinese characters, which is coated with red ink and applied to the document. He used his chop whenever he signed anything the least bit important.

Reply by BarbaraL_CA on 6/16/06 6:58pm
Msg #126394

The note is signed by the borrowers only. I've never seen a note needing notarized. The DOT gets notarized. As for the Compliance Agreement... you are in CA and the wording is not correct for the new Jurat wording. I recommend you purchase a Jurat Stamp from NotRot - it's great, and then you don't need to attach loose Jurats. Meanwhile, attach a loose Jurat with the correct wording. If you do not have one, you can email me and I'll send you one. (click on my name for email address)

Reply by CopperheadVA on 6/16/06 7:59pm
Msg #126398

There are some states that do notarize the Note. My state of Virginia is one of them, but curiously, only about half the Notes I see have the notarial wording at the end of the document. Note sure why some have it, and some don't. If it has the wording, I notarize it. If it doesn't, I don't.

Reply by RickinVA on 6/17/06 8:39am
Msg #126496

Re: To Copperhead

FWIW, I have been getting Notes that seem to require Notarization, but if you read them, they are asking that you CERTIFY that the note is THE note referenced in the DOT. Not being a lawyer, I don't know that. In the past I have called the hiring entity and asked about it. One person said to ignore it, that it is not for me, another said the bank requirse the notarization. So, I have been attaching a loose Ack. So far, no one has complained, but I suspect that someone will before long. I don't see anything in the Va handbook that allows a certification.

I have also asked in a couple of forums about it, but found no *definative* answers.

Rick

Reply by BrendaTx on 6/17/06 8:55am
Msg #126499

Re: I have a few quick questions. Copperhead...

Copperhead, thanks...I just read this and realized this had already been stated. Did not mean to overstate the obvious.

Reply by Annette Hendricks on 6/16/06 9:46pm
Msg #126420

From the Ca.gov site...
1189.
(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.

Reply by Missy_Lulu on 6/16/06 11:30pm
Msg #126428

If I'm not mistaken, the notarial wording need only comply with the state in which the notarization took place. Doesn't the latest CA law say you cannot insert words into a certificate (such as with those little insertion markers) so you would have to add a loose one to be in compliance?

I've done signings for almost three years now and have yet to see a note requiring notarization. I remember the first time I saw that (seal) beside the borrower's signature spot. I called the hiring party asking if I needed to do anything there. They told me it wasn't for me and not to worry about it. They are very helpful. They always appreciate questions. It let's them know you are conscientious. You will come to know which docs normally have a notary certificate and which ones don't. Then if you don't see one where you think it should be you can call the hiring entity and ask for verification.

Reply by BrendaTx on 6/17/06 8:54am
Msg #126498

Re: I have a few quick questions. Always possible, though.

***I've done signings for almost three years now and have yet to see a note requiring notarization.***

Louisianna and Virginia sometimes have them, I think.

Notes CAN have a certificate attached to them but they usually don't 99% of the time. One time out of 100 (or greater) you might see one.

"Seal" is an old way to say signature.

Reply by PAW on 6/17/06 2:01pm
Msg #126540

>>> Doesn't the latest CA law say you cannot insert words into a certificate (such as with those little insertion markers) so you would have to add a loose one to be in compliance? <<<
NotaryPro (far cry from the lawmakers in Sacramento) published the following information:

[quote]
Beginning the week of May 1, 2006, Los Angeles County began to reject acknowledgements that contain any of the following: Asteriks, carrots ( ^ ), lines, arrows or any information that is in anyway inserted into an acknowledgement; Any written information that is slanted, stacked, skewed, or in anyway not in a single straight line across without ANY variation; Any variation in the name or title of the notary, or in the name(s) of the signing party(ies)

These changes in procedure are a result of County Counsel Jose Silva's decision to begin rejecting documents for any of the above reasons. In order to prevent unnecessary rejection of your documents, it is imperative that acknowledgements be properly executed by the notary.
[/quote]

I make no comment one way or the other whether or not this can be interpreted as "law".


>>> I've done signings for almost three years now and have yet to see a note requiring notarization. <<<

I can only assume that you have not done any signings for VA or LA properties. Quite often with VA properties, there is a notarial statement about the note being properly referenced in the correct DOT/mortgage. It is typically something a non-VA notary cannot do.

As for the LA note thing, read thread starting with message #92363.