Posted by bowie_MD on 9/28/07 8:07pm
Msg #213765

current address doesn't match license

what do you do if address on license differs from address on docs which is where borrower now lives. They moved and have not notifed MVA to obtain change of address card.
TC I work for says they assume the address on the license matches the docs and thus is their current address. So do you question the borrower as to when they moved and if it is longer than the 30 days allowed by MVA to notify of the change then you adjourn the signing because they do not have matching addresses?

Reply by Sylvia_FL on 9/28/07 8:11pm
Msg #213767

If the ID matches the signer the address isn't important.
I have had signings where the borrowers were police officers so their work address was on their ID's.
I have had borrowers that have moved and not notified DMV of the change of address - and I usually have the change of address forms in my briefcase, so I will, as a courtesy, give them one to fill out and send in to the DMV with their $10.
But I would not adjourn the signing because of the address on the ID.

Reply by JurneiCA on 9/28/07 10:19pm
Msg #213785

Oddly enough, in the state of CA. The signers' address is not necessary for the journal, however the location of the signing is. Go figure...

Reply by Ernest__CT on 9/28/07 10:28pm
Msg #213792

Signer's address versus signing location

It is helpful, I find, to write the signer's (borrower's) address AND the signing location (venue, a.k.a. "ss" in my journal.

As has already been pointed out, there are many reasons why the signer's identification does not match the document. It is not our place to be location cops.

Reply by Ernest__CT on 9/28/07 10:37pm
Msg #213798

Drat! I do not want those emoticons! grrr. n/m

Reply by christiSocal on 9/28/07 11:50pm
Msg #213810

Sounds like you're getting all "emotional" Ernest!

Reply by LCS_CA on 9/29/07 1:18am
Msg #213813

journal / location of signing

Can you tell me exactly where that appears in the CA notary handbook? In looking at the handbook, I don't see that as a requirement for the journal entry – at this time, the handbook lists seven required items to be recorded in the journal.

Govt. Code § 8206. Sequential journal; contents; thumbprint; loss of journal; copies of pages; exclusive property of notary public; limitations on surrender
(a) (1) A notary public shall keep one active sequential journal at a time, of all official acts performed as a notary public. The journal shall be kept in a locked and secured area, under the direct and exclusive control of the notary. Failure to secure the journal shall be cause for the Secretary of State to take administrative action against the commission held by the notary public pursuant to Section 8214.1.
(2) The journal shall be in addition to and apart from any copies of notarized documents that may be in the possession of the notary public and shall include all of the following:
(A) Date, time, and type of each official act.
(B) Character of every instrument sworn to, affirmed, acknowledged or proved before the notary.
(C) The signature of each person whose signature is being notarized.
(D) A statement as to whether the identity of a person making an acknowledgment or taking an oath or affirmation was based on personal knowledge or satisfactory evidence. If identity was established by satisfactory evidence pursuant to Section 1185 of the Civil Code, then the journal shall contain the signature of the credible witness swearing or affirming to the identity of the individual or the type of identifying document, the governmental agency issuing the document, the serial or identifying number of the document, and the date of issue or expiration of the document.
(E) If the identity of the person making the acknowledgment or taking the oath or affirmation was established by the oaths or affirmations of two credible witnesses whose identities are proven upon the presentation of satisfactory evidence, the type of identifying documents, the identifying numbers of the documents and the dates of issuance or expiration of the documents presented by the witnesses to establish their identity.
(F) The fee charged for the notarial service.
(G) If the document to be notarized is a deed, quitclaim deed, or deed of trust affecting real property, the notary public shall require the party signing the document to place his or her right thumbprint in the journal. If the right thumbprint is not available, then the notary shall have the party use his or her left thumb, or any available finger and shall so indicate in the journal. If the party signing the document is physically unable to provide a thumbprint or fingerprint, the notary shall so indicate in the journal and shall also provide an explanation of that physical condition. This paragraph shall not apply to a trustee’s deed resulting from a decree of foreclosure or a nonjudicial foreclosure pursuant to Section 2924 of the Civil Code, nor to a deed of reconveyance.

Reply by janCA on 9/29/07 1:15pm
Msg #213853

Re: journal / location of signing

I think the poster was probably referring to the venue for the ack/jurat cert. State of CA, County of Tulare. There's nothing in the handbook stating you have to record the location of the signing.

Reply by MelissaCT on 10/1/07 6:24pm
Msg #214147

Re: journal / location of signing

CT's manual suggests recording the location of notarization within the journal, if a journal is kept. It does make sense, if you're notarizing at a work location vs. home address or notarizing for an out-of-state borrower to mention where the notarization happened in your journal, not just on the venue section of the document.