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Detailed Reference Books
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Posted by MMN_CA on 4/30/07 11:14am
Msg #188021

Detailed Reference Books

Does anyone recommend a good reference book on how to notarize various legal docs. I notice the CA. Notary Handbook provided by the state really doesn't go into how to notarize Durable POA. For example, does Attorney-in-fact agent need to be notarized as well as the Principal? Are witnesses typically preferred in California? When might this doc need to be recorded? Etc. Thanks in advance for your help.

Reply by BrendaTx on 4/30/07 12:46pm
Msg #188035

I don't know of one, you don't need one, but others want to know the same thing, and I am thinking I ought to write one because new notaries are very nervous about how to notarize.

MMN, you don't notarize documents, you notarize the signature of the person in front of you.

The way you notarize is the same each time.

The person appears before you.
You ID them.
They hand you the document they need to sign.
You watch them do it.
If it is a jurat, you give them an oath.
If it is an acknowledgment you ask them if they acknowledge that is their signature and it's there for (whatever your state's rules say to do.)
Whoever is signing is who you are concerned with.

You notarize a handwritten statement that says "My name is Peep Eye Pooky and I drink gin." the same as you notarize a fancy legal document from a fancy dressing lawyer's office.

As far as recording, that's not notary work unless it is assigned separately by a company. If a public citizen brings you a deed don't try to answer any questions about recording. You aren't a lawyer. Just follow your notary rules, notarize the SIGNATURE and be finished.

As far as witnesses, title, lending or a lawyer will give you that info. As a good signing agent, however, you can do a search here and draw your conclusion about CA and witnesses. You will likely be told if you need one by whomever hires you.

All you need to know about being a NOTARY is in your CA handbook.

You are taking too much upon yourself and worrying yourself unnecessarily with all the other.


 
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