Posted by Dave_CA on 10/4/07 11:48am
Msg #214735

Another ? from the renewal class

The same instructor I referenced earlier had another point that he stressed and I'm questioning.
He stated:
In California we disregard the issue of certifying capacity and only concentrate on the individual's name. So if the DOT says John Doe, a single man, for example, we are not certifying his marital status; only that he is who he says he is.

OK, I agree but he went on to say that we don't do anything to change the wording in the acknowledgment block.
If the docs come with the name and capacity pre-printed I always draw a line through the capacity and initial. This is only on my notarial block. I leave the capacity intact on everything else.

Agree/disagree?

Reply by Stoli on 10/4/07 12:03pm
Msg #214738

Sylvia, are you online? n/m

Reply by Sylvia_FL on 10/4/07 12:05pm
Msg #214741

Re: Sylvia, are you online? - Yes, for a few more minutes n/m

Reply by Sylvia_FL on 10/4/07 12:04pm
Msg #214740

You change the notarial certificate so it conforms with CA notary law.

Anything on a certificate, you are certifying to.

I always cross out "single man" man and wife" or whatever. I cannot certify what their marital status is.

Maybe someone from CA can also respond

Reply by Stoli on 10/4/07 12:05pm
Msg #214742

Sylivia, can we go private? n/m

Reply by Sylvia_FL on 10/4/07 12:07pm
Msg #214743

Re: Sylivia, can we go private?

yes, for a couple of minutes. I am getting to the point where I have to lay down soon.

Reply by dickb/wi on 10/4/07 1:04pm
Msg #214760

i do the same---the notary block is a notaries......

testament under oath that the wording is correct.....if i can't unequivaclly [spelling?] prove that s/he is a single person---a married person---husband and wife---survivorship marital property or what ever it gets crossed out.....if the law or department rules say you can't do it then you can't....if they say you can then you can......if they are silent then you can't because you have not been given the authority to do so......words straight from wi sos.....also when will lenders and others realize that the Notary Block is strictly the realm of the Notary and is to be filled in only by the Notary to reflect the notaries id and testify that it is correct.....in fact the Notary block is not a part of the document but is in fact a seperate document unto itself... my .02 cents...............

Reply by SharonMN on 10/4/07 3:37pm
Msg #214824

Re: i do the same---the notary block is a notaries......

Interestingly, MN law REQUIRES that if a husband and wife sign a document, the notary certificate has to say "husband and wife." Most of the time, I have to insert that language. I always ask and take the signers' word for it. I certainly wouldn't state under oath that they were married (only that they told me they were), but I still have to put it in the certificate. Bad rule, IMHO.

Reply by janCA on 10/4/07 12:48pm
Msg #214755

I also always cross out the capacity on the notarial certificate if it is preprinted. What doesn't this instructor get about not certifying to capacity? It's very simple and it's stated in the CA handbook.

Reply by Kate/CA on 10/4/07 12:52pm
Msg #214757

Dave, you are correct. I don't know where they got some of these instructors, but they need to start reading their handbook.

I feel sorry for the new students in that class. What would the instructor do if the name was spelled wrong? Or if only one of the borrowers were there.

I always cross thru, initial and date the correction. I was standing outside a notary class recently, I couldn't believe the information he was telling his students. Afterwards the student that I was waiting for asked me about some of the information. I just pulled out a handbook and showed her the correct infromation. When in doubt call the SOS.

Reply by Stamper_WI on 10/4/07 2:27pm
Msg #214800

Many in WI mistakenly believ the 1st 4 letters/numbers indicate martital status because spouses have the same first 4 letters/numbers. What that is is the first letters of their last name and a special Phonetic code minus vowels and a few other letters. Theoretically other last names can have the same set of numbers.
Below is a link to a site showing how WI, IL and FL determine the numbers on drivers Licences. I worked mine through and it is right on. As a point to the first paragraph I have a unique name. I know for a fact I am the only one in the US with that name but my license indicates 04 at the end meaning I am the 4th person with that number.

http://www.highprogrammer.com/alan/numbers/dl_us_shared.html#SSSS

Reply by Joan Bergstrom on 10/5/07 12:29am
Msg #214915

We haven't put capacity in the Ack notarial certificate since 1992.

On the line in the notarial certificate where it is listed personally appeared: only a human beings name can go on this line. Jr or Sr can be listed but not capacity

If escrow/whoever has mistakenly typed in John P Smith, Trustee
a CA notary must line through the word trustee because we can't do capacity and trustee is capacity.
John P Smith can sign as a Trustee but the word Trustee cannot be in the line where personally appears.

Hope this helps and I teach students to pass the CA State Notary Exam

Reply by JanetK_CA on 10/5/07 1:56am
Msg #214917

I have to renew my commission again starting in January, most likely. I'd be very interested to know which school this character is with so I can avoid it. I think I'd have a very tough time sitting through the 6-hour class requirement with someone spitting out all that wrong info. They probably wouldn't be too thrilled about me being there, either! ;> (I wonder how that person got approved to teach this class in the first place!!!) Thanks for dishing....

Reply by Terri_CA on 10/5/07 3:25pm
Msg #215097

Janet if your commission expires in January, you should take the class soon

Terri
Lancaster, CA

Reply by JanetK_CA on 10/5/07 8:43pm
Msg #215160

Hi Terri. Actually, I'm planning to "start" in January, based on my renewal experience last time and what I've read here in the past. My commission expiration date is in June, so I should have plenty of time. Thanks for the advice, though!