Posted by Brasring_Ca on 1/2/07 4:37pm
Msg #168713

Question for Calif. on Deed of Trust notarization

I was called by a title company who was upset that I had crossed out the word trustee after the pre-typed in names and trustee title of the two signers (husband and wife as trustee's) on the Deed of Trust. I was under the understanding that we were to only print in their names and not any vestings or the word trustee when completing the notarial wording. They said that it could not record unless I gave them permission to add the word trustee back in. Does anyone know if this is correct or not? TIA Jenifer

I have never included the word trustee in any others that I have done.

Reply by Calnotary on 1/2/07 4:40pm
Msg #168714

I hate when this happens, but you did right. We dont notarize capacity in CA.
In those cases what I do, I Just include one of my loose ack, and I complete it without the trustee,husband and wife and all those variables.

Reply by Brasring_Ca on 1/2/07 4:43pm
Msg #168716

Thank you, I was sure that I was doing it properly. Jenifer

Reply by Terri_CA on 1/2/07 6:13pm
Msg #168735

Jennifer, be sure though when you cross out "trustee" that you also initial the cross out. As in doing so, you are making a correction and all corrections should be initialled.

It's the title company that's rejecting the document, not the county recorder's. Many do as CA Notary, if the preprinted certificate contains incorrect information, instead of "correcting" the information, cross out the preprinted certificate and attach a loose certificate, properly completed. Be sure to complete the optional information on the loose certificate. This is where you can state what document this particular certificate goes to and you can indicate the "claimed" capacity of the signer as trustee.

Terri
Lancaster, CA

Reply by DogmongerCA on 1/2/07 9:12pm
Msg #168750

Was it typed in as Trustee in the Acknowledgement, or did

you correct the signature line?????

Reply by TitleGalCA on 1/2/07 9:42pm
Msg #168753

The title company was quite wrong. If the pre-printed ack from the lender had "trustee" on it, it was the fault of the software.

Two things.

First, technically, you were correct to line it out. You DON'T have to initial. Initialling the correction is a PRACTICE, not a requirement. (oh, boy, can't wait for the arguments to flood in on that statement, but it's true).

Second, it can record either WITH or WITHOUT trustee and whomever called you from the TC was just over-reacting, or responding to the lender, who was also over reacting. As others have said, you are not certifying capacity.

Yet, there are many that just ignore it if the word "trustee" comes up pre-printed in the acknowledgement. I've recorded hundreds of docs with 'trustee' in the pre-printed acknowledgment. Many professional notaries, who work for title companies just ignore the fact that the word is in the acknowledgment....simply because they've been there and done that...and know that less experienced lender staff freaks out at any change...so to make it easy for everyone involved? They don't change it.

If notaries don't educate lenders as to what is correct and what isn't....pretty soon the lenders will be deciding what's an accurate acknowledgment, rather than the SOS.

So - you didn't do anything wrong, and technically you were correct.

But, it wouldn't have been fatal if you left it alone, it would have recorded just fine. The notary police wouldn't have fined you.

Don't you just love an exact answer? LOL.

I'll (as usual) get lots of definite quotes from the handbook, pointing out the error of my post, and totally disagreeing with what I said. Yep. Yawn. The document will record with either scenario. (another yawn).

Reply by BrendaTx on 1/2/07 10:27pm
Msg #168761

**First, technically, you were correct to line it out. You DON'T have to initial. Initialling the correction is a PRACTICE, not a requirement. (oh, boy, can't wait for the arguments to flood in on that statement, but it's true).**

Interesting, thanks for that piece of info. It's my practice by the way...but the word "initial" is nowhere in my notary handbook from Tx.

Reply by Joan Bergstrom on 1/2/07 11:12pm
Msg #168784

I agree with Titlegal/Ca

This initialing by a notary for a change in any Jurat or Acknowledgment is my "personal pet peeve! "
There is nothing that states in our Calif Handbook that we need to initial any "changes" we make in the "Notarial Certificate."

As Tiltlegal said it is definitely a "practice" not a law.

Reply by christi ausherman on 1/2/07 11:18pm
Msg #168786

Verrrry interesting

I've done it both ways, but wondered what others did. Thanks for the "inside" info titleGal. Whew, I can stop looking over my shoulder for those dreaded notary cops!

Reply by MichiganAl on 1/2/07 10:56pm
Msg #168773

Just to be clear...

you crossed out the word "trustee" on the ack., not on page one of the D.O.T., right?