Posted by Barbara___IL on 2/20/08 8:23am
Msg #236172

New California Laws

I am in Illinois and did a signing in Illinois for property to be deeded in Illinois, but the SS, Lender and Escrow Company are all in California. The SS included several blank California All-Purpose Acknowledgments with some of the Escrow Docs that I notarized, and said that I have to also complete the California acknowledgements per new California laws. I saw postings on this subject here, but they were prior to 2008. Please let me know if these acknowledgements are really necessary. There is a box at the side of the ack. where you can put a description of the document that is to be attached, so it's not totally random, but I still doubt that this is really needed. Don't be alarmed, I would NEVER send an acknowledgment without filling in the decription. Please help, if you can. Thanks. B.

Reply by CopperheadVA on 2/20/08 8:58am
Msg #236175

I would think that would apply only to CA notaries if the docs were being notarized in CA. However, they weren't - they were notarized in IL. The SS can't override IL notary law if that's where the notarizations took place. If they tried that here in VA, we are no longer allowed to use loose acks at all - so they would certainly be out of luck here with their CA loose ack demand.

Reply by Dave_CA on 2/20/08 9:07am
Msg #236178

New CA law only applies to signatures notarized in CA.
All States must accept documents that have the signatures properly notarized according to the laws of the State where they were completed.
We all must only follow our state laws and not some signing service or title company's instructions.
Not legal advice. JMOO...

Reply by Barbara___IL on 2/20/08 9:15am
Msg #236183

Nicely put! Thanks very much.

Reply by BobbiCT on 2/20/08 12:30pm
Msg #236222

New California Laws ...

True. But I have had serious disagreements with one signing company that INSISTED Connecticut notarizations on documents secured by Connecticut real property must be compliant with California law, not Connecticut law. Like others, I was sent blank California forms to complete and they would "attach them to the documents where my notarizations were wrong."

I refused. Since then, I discovered that someone in that company changed my notarization block on at least the mortgage deed. No big deal - it is very obvious the handwriting is verry different from mine; i.e., the notary did not make these changes. As long as an auditor doesn't look closely or the borrower doesn't default within two years from the date of notarization (CT's validating act), no big deal. Just wrong.

Reply by Barbara___IL on 2/20/08 9:09am
Msg #236179

I appreciate your quick answer. I wasn't going to complete them, because I didn't feel I needed to, but it's nice to have someone else's input. Thanks so much.

Reply by Gerry_VT on 2/20/08 1:09pm
Msg #236225

If I recall correctly, the California law actually includes the venue in the mandatory wording for acknowledgements done in California on California property, and "State of California" is already filled in. Therefore it is impossible for you to use a California certificate, because as soon as you change the state from California to Illinois, the certificate becomes non-compliant.

Reply by Dave_CA on 2/20/08 5:33pm
Msg #236295

Interesting point but I believe that a CA acknowledgment completed in another state for CA property would have to be accepted in CA so long as it was compliant with the laws of the state where it was notarized and this would require changing the venue to the state where the act took place.
It is the same as a CA notary being allowed to complete another state's ack, for out of state property, so long as the form does not require anything prohibited by CA (capacity for example).
This does not apply to a jurat where only the CA language is allowed.
I know this was discussed at length a week or so ago but I am certain that I'm correct on this and did not want anyone to assume that what was true for an ack. would apply to a jurat.

jmoo

Reply by JanetK_CA on 2/21/08 5:56pm
Msg #236457

I think the whole question is moot and, to put it kindly, they may be a tad confused... Your venue is IL, so you have to conform with the laws of your state, since that is where the notarization is being completed. More importantly, if the property title is to be recorded in IL, then I would think you have to comply with what the local Recorder's office is going to require. I don't see how CA notary law would apply to you unless the property was in CA and title was to be recorded here. Having said that, if they want the REST of the acknowledgements or jurats to comply with new CA laws since it could be argued that they will be filed here, I wouldn't see any harm in complying -- as long as it doesn't conflict with any IL laws. But I'm sure you know to only do one or the other...