Posted by docs1954CA on 8/6/08 1:59pm Msg #258917
California journal entries....
I saw this question posted yesterday regarding a seperate journal entry for each notarization when doing a loan package.I also asked a friend of mine who's an attorney and a Notary also, and his response was one line with all of docs listed was fine.
I use the NR journal that has boxes to check for each doc.
I've searched the 2008 Notary Public handbook for the section code, and it appears as though this is somewhat of a gray area.
From the 2008 handbook: Gov code section 8206(a) Journal requirements, this is the wording after the requirements to have one, storage requirements, etc.....
Date, time and type of each offical act. ( you could show the time you did the deed, the owners aff, borrower aff etc next to each box you checked)
Character of every instrument sworn to, affirmed, acknowledged or proved before the notary public.
The signature of each person whose signature is being notarized.
A statement that the identity of a person making an acknowledgment or taking an oath or affirmation was based on " satisfactory evidence" etc......
I don't see the where or why we can't show the 4-14 documents that were done all on the same date, place and time on 1 line?
| Reply by LKT/CA on 8/6/08 2:48pm Msg #258943
IMHO it is better to write separate entries for each notarization because if an entry is called into question (6 mos, a year, 2 years after the fact), that notary act stands alone including all of the notations and references written pertaining to it. If you make one entry and check off 4 boxes, are you going to remember the specifics of that notary act in the future? How can you give someone a copy one of the journal entry for one act with its specific notations when you have 6 other boxes checked off with other notations not pertaining to the requested entry copy on that one line?
It is time consuming to write in separate line entries....but I vote for the one line entry method. Might as well spend the time now writing so you won't have to spend time in the future trying to remember and decipher a multitude of info on a one line entry.
| Reply by docs1954CA on 8/6/08 5:40pm Msg #258989
I see your point, but I was really asking about the legality of the one line per doc requirement.I can't see how I would have any problem remembering the particulars of some of the "junk docs" that are included in the loan package; I.D. aff,Borrower aff,sig/name aff, etc,etc,etc. When and if someone requested one particular notarization ,the boxes that are checked could be covered up so only the requested one shows.It just seems like a waste to have as many as 12-14 lines wasted by listing each one by itself, JMO.But again, did I miss the statute code that states it's illegal.
| Reply by LKT/CA on 8/6/08 8:25pm Msg #259028
I don't think rengel/CA is correct when he wrote that Notaries are "required" to list each notarization separately. The rules only say CA Notaries are to have a journal and it is to be kept locked up and under our control. Some do use the single line method like you mentioned. Yes, the other boxes could be covered up so only the requested ones show. Some will also list the notarizations separately then draw a diagonal line and have the customer sign the journal across the diagonal line. I wouldn't do that either.
I just prefer to list each notarization separately. Journals are cheap and my journal holds a thousand entries so I'm not worried about it being a waste to list many notarizations for one person.
| Reply by Donna LaBelle on 8/6/08 5:49pm Msg #258992
Itis one journal entry per signer. The post yesterday said that there aere several signers and asked if one journal entry was enough. If there are several signers, there has to be a separate journal entry for each signer
| Reply by docs1954CA on 8/6/08 6:01pm Msg #258994
This was the last entry on that thread yesterday from rengel:
"If you are in California, you are REQUIRED to use a separate journal entry for each notarization. So, each time you stamp your little stamp, there MUST be a journal entry for it. Do not be fooled by the boxes in the NotRot journal, if you are in California, you cannot just check the little boxes for more than one notarization."
This response was what made me question where in the Notary Bible this is written.
I understand the the one line per signer requirement, that's just common sense.
| Reply by JanetK_CA on 8/6/08 11:20pm Msg #259051
I agree that this is a grey area and a matter of personal preference. But I'm not an attorney...
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