Posted by Julie/AZ on 3/16/06 7:41pm
Msg #105946
Question for CA SA's...
Property is in CA, signing in AZ. I saw something recently about writing "Notary Public" after what I assume is my printed name within the body of the acknowledgement, or is that after my signature, or both? I haven't had a CA property closing since the law change, and couldn't find anything in the search. Thank you!
| Reply by Kate/CA on 3/16/06 8:02pm
Msg #105961
That is a CA requirement for CA notaries. It is not going to hurt if you just put it after your name. Makes them happy!
| Reply by Julie/AZ on 3/16/06 8:05pm
Msg #105963
Thank you; I thought it might be, but wanted to be safe! n/m
| Reply by Joshua Basil on 3/16/06 8:07pm
Msg #105964
Whenever signing a loan for a property out of your state you must follow the laws of the state the property is in so it is very good that you asked. As for the new laws, on an acknowledgment where is states Personal appeared before me_______________________on bla bla bla, they require you to place you title after you name, i.e.. John Doe, Notary Public
It is not required on the Signature line at the bottom however I do believe it will not hurt. I place my title after my name in both places and have never had one rejected or sent back for corrections.
This is just my experience.
Joshua Basil Ca.
| Reply by PAW on 3/16/06 8:24pm
Msg #105974
I believe you misspoke.
You said, "Whenever signing a loan for a property out of your state you must follow the laws of the state the property is in ..."
From a notarial perspective, you must follow the laws of the state in which the signature is being notarized in. It makes no difference where the property is located when it comes to completing the notarial functions: acks and jurats, etc.
The only time the property location becomes important, is for the recording of the documents, such as the DOT or mortgage. Then the recording laws of the state in which the property is located must be followed since it is within that state the the action will take place.
| Reply by TitleGalCA on 3/16/06 10:39pm
Msg #106036
Re: I believe you misspoke..... CA notaries PLEASE read!
That is true IN PART, Paul, your statement:
***From a notarial perspective, you must follow the laws of the state in which the signature is being notarized in***
But: several points that are very necessary to mention to CA notaries and contradict you:
1. For CA notaries, our SOS does make exceptions/provisions for notary certificates to be completed with language that must be recorded in another state; the state where the property lies.
2. For the original poster, yes, any California Recorder's Office will PULL a document with a notary certificate that says...before me, THE UNDERSIGNED, etc....
3. In a notary cert to be recorded in California, all you have to do is state your NAME in the acknowledgement to make sure your document will be recordable. To be totally compliant with CA notary law, you should state your name, then your title...eg. "before me, Susan Shipman, Notary Public, etc...." However, if you *just* state your name, the document will record.
This is important for California notaries to read - please. I review documents all day long with incorrect certs that do NOT comply with the new law and this is March, for petes sake. You CA notaries had constructive notice at least six months ago.
As a member of the NSA community, it bothers me alot that you all don't pay attention to the new requirements of your commission. It's fine and good to be a great SA, but if your notary certs causes a California Recorder to pull the trust deed you notarized, we would all be better off with a notary that knew what the heck they were doing.
Thanks much for reading, happy signings to all!
| Reply by PAW on 3/17/06 6:17am
Msg #106091
Re: I believe you misspoke..... CA notaries PLEASE read!
>>> 1. For CA notaries, our SOS does make exceptions/provisions for notary certificates to be completed with language that must be recorded in another state; the state where the property lies. <<<
But that IS following CA law for CA notaries. The point is that you are following the laws of YOUR state which allows variances in the way you would do things. If you only followed Florida laws, for Florida property, your notarizations may not be compliant with your own state laws. However, if you state allows variances, then all is good.
While CA may allow a CA notary to use the certificate prepared for recording in FL (as long as it is compliant with CA law, e.g., the inclusion of capacity in the certificate), the reciprocal is not true. A FL notary cannot us a CA certificate even for property located in CA unless that certificate is fully compliant with FL law, and 99% of the time, it is not. The FL notary must conform to FL laws and complete a FL compliant certificate. Which will be acceptable for recording in CA.
| Reply by Terri Garner on 3/17/06 4:18pm
Msg #106354
Re: I believe you misspoke..... CA notaries PLEASE read!
The problem about Notaries not complying with CA new legislation is because they are unaware. Unlike those of us who review this message board and others, and stay in touch with one another, in addition to being members of some Notary Association which provides this info.
Those who do not read the boards, who are not members of any notary association are not aware of the legislation changes as the California SOS DOES NOT send out any information when legislation changes. It is the notary's responsibility to keep informed.
Over the last year, some renewing notary students were unaware of the changes. Even the last couple of months.
I really like getting escrow/title notaries in my classes. Wow do they learn a thing or two about Credible Witnesses, Identification, personal appearance, that the SS Card is NOT identification and you CANNOT use a Marriage License.
Terri
Lancaster, CA
California Notary Exam Instructor
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