Posted by Terry Lee Mellor on 1/16/07 12:07pm Msg #171077
Signing Refinance Papers
My question is do I enter every signing I do into my journal for this refinance? There is 6 places to notarize and a couple of them are Jurats, this is my first refinance docs, so I'm a little confused I need all the help I can get
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Reply by Blueink_CA on 1/16/07 12:16pm Msg #171078
See the orange search button? Click on that and type in 'journal entries'. Lot's of good stuff.
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Reply by janCA on 1/16/07 12:17pm Msg #171079
Terry, all notarizations have to be recorded in your journal, whether you do a line item or if you have the notary rotary journal you can check off each document on one line item, it is up to you, but you HAVE to record each notarization. Please check your CA handbook for this, this is NOTARY 101.
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Reply by Terry Lee Mellor on 1/16/07 12:38pm Msg #171083
So your saying all the jurats can be put on one line and ack on another line?? I think I really need the book Notary 101
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Reply by janCA on 1/16/07 12:42pm Msg #171086
Terry, go into my link and call me or email me.
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Reply by Stephanie Santiago on 1/16/07 12:50pm Msg #171089
Re: Signing Refinance Papers...The Notary Rotary Journal has
boxes to check off on each line, so you can fill out one line in the Notary Rotary Journal, checking off the different docs you are notarizing. With a regular journal you will need to fill a line per notarization. This is California notary Law and must be followed. Others may tell you that you can fill out one line per loan signing with all docs written on the one line, but a line per notarization is California notary Law.
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Reply by janCA on 1/16/07 12:54pm Msg #171091
Re: Signing Refinance Papers...The Notary Rotary Journal has
And this is what I do, I have a line item for each notarization but I know many notaries do not do it this way.
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Reply by Terry Lee Mellor on 1/16/07 12:57pm Msg #171092
Re: Signing Refinance Papers...The Notary Rotary Journal has
So therefor my guy will have to sign all the lines in the journal as well???
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Reply by janCA on 1/16/07 1:09pm Msg #171099
Re: Signing Refinance Papers...The Notary Rotary Journal has
Yes, he will.
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Reply by kikeroo on 1/16/07 2:47pm Msg #171123
Re: Signing Refinance Papers...The Notary Rotary Journal has
And just to pipe in, as many times as he signs, if there is a spouse or other signer, that person signs as many times as well (as needed). Therefore, one loan signing can easily fill up an entire page in your journal or more. Anyone disagree? (that's what I was trained in CA).
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Reply by Poppy on 1/16/07 1:38pm Msg #171106
Stephanie can you please tell me where in the CA
handbook it states that we need to fill out one line per notarization? I'm not seeing what your talking about... Thanks!
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Reply by Stephanie_CA on 1/16/07 6:07pm Msg #171175
Re: Stephanie can you please tell me where in the CA
Page 9: Notary Public Journal:
**1st sentence. **Date, time and type of each official act. **Chatracter of every instrument sworn to, affirmed, acknowledged or proved before the Notary Public. I could go on Poppy, but it's not Rocket Science.
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Reply by Poppy on 1/16/07 6:35pm Msg #171182
Stephanie, clearly I offended you. For
I won't argue the details... I see what you're saying and while you could easily argue the point to death. I won't....
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Reply by Poppy on 1/16/07 6:48pm Msg #171186
Opps... It was supposed to say for that I'm sorry... n/m
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Reply by BrendaTx on 1/16/07 7:29pm Msg #171197
Re: Stephanie, clearly I offended you. For
**while you could easily argue the point to death. I won't.... **
Oh come on, Poppy...that's what we do!
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Reply by Poppy on 1/16/07 8:07pm Msg #171204
Funny Girl! If I had an .125% of your talent, I'd go for it
but sadly I don't have the skills/energy to keep going. My husband likes it cause he ALWAYS wins... (or at least he thinks he does) ;-)
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Reply by PAW on 1/16/07 1:45pm Msg #171108
Re: Signing Refinance Papers...The Notary Rotary Journal has
>>> ... a line per notarization is California notary Law. <<<
Can someone please direct me to the CA code that specifies that only one line can be used per notarial act? I am working on a draft to make journals mandatory here, and am using CA as the basis of what is required. All that I can find in the CA code and notary handbook are references that each notarial act needs to be identified, each signer must sign the journal, and thumbprints are required for deeds affecting real property and some other requirements. But none that state each act has to documented on a separate line in the journal.
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Reply by Poppy on 1/16/07 1:49pm Msg #171110
Paw, as far as I know there isn't any such code. I'm hoping
Stephanie will clarify what she is stating.
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Reply by PAW on 1/16/07 1:59pm Msg #171112
Re: Paw, as far as I know there isn't any such code. I'm ho
I know there's notaries on both sides of the issue, but what I'm concerned with is what the code and handbook say, not how a notary interprets and applies what is said.
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Reply by Poppy on 1/16/07 2:18pm Msg #171113
I agree Paw. I think we have to be very careful when we
start calling what we consider "best practices" law. I see both sides of this issue and both have valid points. If there is no specific law/code then I'm free to choose what I consider best practice. If there is a specific law then I'm not. I think sometimes we confuse best practices which offers a choice with the law that offers no choice... I went back and re-read the appropriate section of the handbook and the code and still see no such CA law... If I've missed it I hope someone will point it out to me...
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Reply by John_NorCal on 1/16/07 2:55pm Msg #171126
Re: I agree Paw. I think we have to be very careful ....
You're correct Poppy, I can find nothing stating that a separate line must be used. I think Stephanie is interpreting the requirement of a sequential journal as being a line item requirement.
From the 2006 Handbook: A notary public is required to keep one active sequential journal at a time of all acts performed as a notary public.
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Reply by janCA on 1/16/07 3:03pm Msg #171131
Re: Signing Refinance Papers...The Notary Rotary Journal has
Back in 2001 I took the notary course from The California School of Notary Public and this is what I was taught. Never even looked at the CA handbook for the exam, so I have just continued to do the line items. There is no specific code that I can find in the updated handbook to verify that you have to have a line item for each notarial act. I have often wondered though, if you do put all your notarizations on one line item, where do you put the specific time of that notarization since that is suppose to be recorded? And how, if you have to make a copy of that line item for one particular notarization do you hide the rest of the docs that have been notarized? Just curious!
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Reply by Larry/Ca on 1/16/07 3:33pm Msg #171139
I think that sequence is the .....
only sticky point with using the MoJo and one line method. While I don't see a problem with covering information not wanted copied and it is easy enough to identify sequence in the additional information when there is only one borrower, with two borrowers if you identify the time the second borrower signed the first document you would have to go back to the first signers line to get the time the second document was signed. This going back and forth would indicate the sequence that the documents were signed but perhaps violates the notion of sequential entries. In the example of entries in the front of the MoJo they show one time which is for all the notarizations at that signing, Two signers, same time. I have no solutions for this sticky issue.
Larry
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Reply by CaliNotary on 1/16/07 3:43pm Msg #171143
In 4 years of being a notary
I think I've once been asked for a copy of a journal entry. So I'm not gonna spend a whole lot of time worrying about whether the MoJo conforms to the letter of the law in the vaguely worded CA handbook. As long as my journal entry identifies each specific document I notarized, that's good enough for me.
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Reply by BrendaTx on 1/16/07 5:01pm Msg #171153
Re: In 4 years of being a notary
**I think I've once been asked for a copy of a journal entry. So I'm not gonna spend a whole lot of time worrying about whether the MoJo conforms to the letter of the law in the vaguely worded CA handbook. As long as my journal entry identifies each specific document I notarized, that's good enough for me**
Isn't that the truth. LOL...We can sure get bogged down in some minutia on this board...that's not to say that ANYONE's post here was unimportant...I just think we are a funny bunch who get really focused on issues that are minor. Me included.
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Reply by debbie_CA on 1/16/07 1:35pm Msg #171104
Thanks Terry, that is the best laugh I have had in a while! Notary 101 means this is basic stuff (beginning college classes are usually numbered 101) and you need to learn the basics of your job.
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Reply by SharonMN on 1/16/07 4:32pm Msg #171146
Re: Having bwr sign each line
I make a line item for each document, but I draw a diagonal line across the borrowers' sig block so they can sign my journal only once for a whole bunch of docs. The borrowers signs on the diagonal line, across several blocks. If there are 2 borrowers, I have one sign on the top of the diagonal line and another underneath.
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Reply by Les_CO on 1/16/07 7:15pm Msg #171191
Wow!!! after reading all this, I'm sure glad to be here in Colorado, even with all the snow! Now I REALLY don't know how that CA notary did 700 closings last year! Must have taken him hours and hours to fill out his journal?
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Reply by Lori/OR on 1/16/07 8:31pm Msg #171208
Terry, Sometimes people here are really all too helpful to newbies. So I am going to play the grinch. Just so you know it this isn't being directed just to you. It is a major pet peeve of mine, so you are going to get the brunt of it. I am assuming that you are not only new to signings, but as a notary as well. And from your question, it wories me that you really have no business doing a signing at this stage. Do you want your refinancing to be done by someone who has no clue to what they are doing? I'm sure that you would have some comfort knowing that your doctor knows what a knife is and has a book . . . You get the idea. Do everyone a favor and learn the business BEFORE you go out and mess someone over.
I know, but anyone can do it. It doesn't take a brain surgeon. Etc. And that is all fine until someone looses their loan because of improper notarizations, signatures, etc. This board isn't a 101 course on how to do / start your business, but a place to meet with other notaries and discuss things. Get your basic education FIRST. Then come to the board to fill in spots.
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Reply by BrendaTx on 1/16/07 10:35pm Msg #171237
Re: Signing Refinance Papers - quit while you are ahead
Terry,
It's my honest opinion that this question is proof that you are going to hate this job and hate reading all the info that is required to get your business started.
Quit while you are ahead and figure out what kind of work you will enjoy doing.
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