Posted by JustANotary on 8/21/08 10:08am
Msg #260971

Question about California Acknowledgment

I did a signing where the bank had typed into the notary field the names of the borrower & the wording "individually & as trustees for the ...family trust dated..." I exchanged the banks acknowledgment with my own because I believe that we can not state the title of the borrowers on the form, we only know about the borrowers what is on their ID. I do not know about their status as trustees as I am a notary not an attorney. Now the bank wants me to send them a new acknowledgment with their wording in my notary field. From what I understand, they can sign as trustee, but in the field I fill out I can only put in their names as I have verified by the ID they provided me, I can not say that they are trustees or corporate officers etc.

Reply by ananotary on 8/21/08 10:11am
Msg #260972

You are correct. Ca. notaries don't notarize capacity. n/m

Reply by Gary_CA on 8/21/08 10:32am
Msg #260986

You got it right

Of course the signature line can say all that stuff... and if the bank wants (and if you have 3 hours for the signing) they can make them write all that stuff into the signature.

But you CANNOT put it in the "appeared before me" clause on your cert.

Some certs have a "capacity claimed" blank outside the box down with document title and whatnot, optional information to identify the doc the cert goes with. I think it is a BAD IDEA to fill that in, so I don't, but I don't think it would be illegal to put it there.

From page 15 of the new handbook... speaks of filling out other state's forms that certify capacity...

A notary public may complete a certificate of acknowledgment required in another state or
jurisdiction of the United States on documents to be fi led in that other state or jurisdiction,
provided the form does not require the notary public to determine or certify that the signer
holds a particular representative capacity or to make other determinations and certifications
not allowed by California law.

Reply by mobitary on 8/21/08 1:13pm
Msg #261060

Re: You got it right

you are right is in page 13 though.