Posted by Bobbie Moore on 2/10/07 11:10pm
Msg #175172

Can you notarize Document if two signers but one shows up?

Can you Notarize Deed of trust if Husband and wife are stated, But only wife shows up? A real estate agent told me yes? Just have wife sign exclude other name.

Reply by Larry/Ca on 2/10/07 11:22pm
Msg #175173

Yes, if notarial wording has both...

names printed, line through and initial missing signers name.

Reply by PL on 2/10/07 11:27pm
Msg #175174

Is the husband in another state or part of the state?

Split signings happen all the time, that being said you notarize the wife's signature IAW California law and forward on the packet to the next notary who does his/her part. The other question I have is did the husband just not show up? If this is so, do they expect you to go back some other time and get his part done? Then you are looking at charging for another trip and your time.
My other suggestion is to read your notary handbook and be leery of real estate agent suggestions and even what you read on chat rooms. Good luck.

Reply by Sylvia_FL on 2/11/07 12:09am
Msg #175181

Bobbie
We do not notarize documents, we notarize signatures. So, yes, you can notarize the wife's signature. Just make sure you line through any other name on the notary certificate - and initial the change.

Reply by jojo_MN on 2/11/07 1:13am
Msg #175183

As the others said, line through and initial the absent

signer's name. If it is a split closing, the second notary would attach a certificate for the other signer. Check your state-specific laws.

Reply by Ndwa on 2/11/07 3:20am
Msg #175185

Line through and don't initial

I never initialed a lined through item if I didn't replace it with something else. Everyone may disagree, but the logic is if you lined through and initialed, then anyone can just re-insert that name under your seal.

Sylvia, I think this may explain the case with alteration of your certificate mentioned awhile back.

Reply by Ernest__CT on 2/11/07 7:03am
Msg #175189

Line through, write "only", and initial.

For example, the notarial block says "... John Q. Smith and Mary B. Smith ...". Line through "John Q. Smith and", write "only" AFTER "Mary B. Smith", and initial the whole names line. The names section would now read "Mary B. Smith only". You would date the notarial block appropriately.

The second Notary Public would attach a loose ack or jurat with only the name "John Q. Smith", and date that notarial block with the date that Mr. Smith signed.

This happens very frequently, especially in situations where the spouses are in different states. Think of a member of the armed forces on active duty with a spouse living in the family home.

Reply by jojo_MN on 2/11/07 10:39am
Msg #175204

Re: Line through, write "only", and initial.

Thank you for clarifying that. I meant to put that in the post.

Reply by janCA on 2/11/07 11:01am
Msg #175210

Can't do that in CA

You can't put the only or anything else behind the name as it shows capacity. If you attach an acknowledge that has all the capacities as optional information at the bottom, then fill this portion out to state there is only one signer.

Reply by ewing2surf on 2/11/07 11:59am
Msg #175218

Of course you can Bobbie. Just complete the acknowledgment with one signer instead of two. The other signer can sign whenever convenient and a loose California All-purpose acknowledgment would be attached by by the notary taking the acknowledgment of the second signer. Obviously if the second signer was in another state the notary would have to use a compliant California All-purpose Acknowledgment or else the Deed of Trust would be rejected by the county recorder.

I took an acknowlegment on a document that had been traveling around the country for months. It was a property settlement document and it required the signatures of almost 50 heirs. By the time it got to me in California there were dozens of loose acknowledgments attached from Maine to Washington State.

Reply by Gerry_VT on 2/11/07 12:24pm
Msg #175221

ewing2surf wrote "obviously if the second signer was in another state the notary would have to use a compliant California All-purpose Acknowledgment or else the Deed of Trust would be rejected by the county recorder." Well, that would be impossible, because the law that makes California notaries use a particular acknowledgement certificate (http://www.leginfo.ca.gov/pub/05-06/bill/asm/ab_0351-0400/ab_361_bill_20050922_chaptered.html)
includes "California" in the venue, so notaries in other states can never use a California all-purpose acknowledgement.

Fortunately the law also allows out-of-state notaries to follow the laws of their own jurisdiction.

Reply by Trish Eastland on 2/11/07 2:24pm
Msg #175231

I did not read everyone's response, but I happen to teach the class that potential notaries must take in Ca. before they take the exam (Actually I just taught one Friday) the answer is YES you can. You can notarize for the person that "personally appears before you". When filling out the notarial wording you would write ONLY the name of the person who personally appeared before you. I always recommend to the students that once they have written in the name of the person that personally appeared, I put a straight line behind it, just as you would when writing a check after you put in the amount most people put a line to the end of the space provided to prevent anyone adding numbers. This protects you from anyone adding some elses name once they have left. Then complete hte notarial wording making it singular of course. I also recommend that you place in your journal under the "special" or "additional comments" section that name of both signers and that only the one appeared before you.The other person on the document, can then either see you at a later date, or another notary. Whomever they personally appear before, would then use a loose certificate to notarize their signuature. Hope this helps and that you haven't already heard this from tons of other people!!!

Reply by janCA on 2/11/07 7:39pm
Msg #175276

Not to be confused. My response was to Ernest & JoJo. n/m

Reply by Bobbie Moore on 2/12/07 6:13pm
Msg #175403

Re: Not to be confused. My response was to Ernest & JoJo.

Thank you everyone , my question was answered!