Posted by Susan Fischer on 1/25/08 5:56pm
Msg #232413

Can anyone explain? OR property, signed in OR, but

apparently will be recorded in CA. (??)

Instructed to use new CA acks and jurats.

While I have no problem with compliance, I find it odd that I am certifying "under penalty of perjury under the laws of the State of California that the foregoing paragraph is true and correct."

And, of course, the jurisdiction (State of _____) will be OR, not CA.

Can a CA company (lender) require notaries in other states to abide by CA laws? And, not being a county clerk, I wonder how a deed regarding property in another state be recorded in a CA county.

TIA for your thoughts on this.

Reply by Tony_FL on 1/25/08 6:29pm
Msg #232419

Susan, what does your Notary Handbook or SOS say about certificate wording/compliance. ONLY "your state" can designate what wording to use in your notarial certificate ... not some business organization.

Here in Florida, we would have to make the certificate compatible to the wording designated by our state or else cross it out and use a loose certificate that uses our state wording.

Reply by Susan Fischer on 1/25/08 6:36pm
Msg #232423

Yes, Tony, I'm aware of my state's laws. It is the request

that has me baffled.

Under the Constitution, states have comity - they must respect each other's laws/rules/regs. If I marry in CA, I don't remarry in OR, for instance. States therefore accept each other states' notarial certificates.

Of course I will use OR acks and jurats, but will complete the CA forms for this lender as they requested, since they seem to be confused.

Just wondering if anyone else has come across this kind of confusion over the New CA Laws.

Thanks for your reply.

Reply by Sylvia_FL on 1/25/08 7:07pm
Msg #232429

Re: Yes, Tony, I'm aware of my state's laws. It is the request

Do not complete the CA acks or jurats. Just use OR ones.

Reply by Glenn Strickler on 1/25/08 6:35pm
Msg #232422

Is sounds like someone is really confused here. JMHO, but you have to follow the laws of Oregon, I would think. Is it just a California lender and Oregon property? California laws only apply to you if you are in California. ..... I would call and get clarification and I would follow my state laws ...

Reply by Susan Fischer on 1/25/08 6:37pm
Msg #232424

SS emailed, and the only response was a return email

with CA certs attached.

Good grief.

Reply by Ndwa on 1/25/08 7:04pm
Msg #232426

Re: SS emailed, and the only response was a return email

I just got of the phone with one of my EO in CA and his answer was:
1. Deed must be recorded in the county where the property is situated.
2. Ack. should comply with the county/state where the deed recorded.

The obvious question here is how can you apply CA law while in OR jurisdiction? This is one of those time when you stand your ground (knowledge wise) and shine.

Reply by Sylvia_FL on 1/25/08 7:06pm
Msg #232428

Property in Oregon, signing in Oregon - not subject to CA laws.

Use your Oregon certificates

Reply by ZeeCA on 1/25/08 7:48pm
Msg #232433

i have a feeling what happened is that they are sooooo

focused on telling the CA notaries to use the new 2008 compliant acks and jurats that they forget and send them for everyone......

jmo ....
and of course you know ONLY your own states no one elses......

Reply by NancyOR on 1/25/08 8:22pm
Msg #232437

It's the lender that is confused. In order to sucessfully transfer property or perfect a lien on property the document needs to be recorded in the county in which the property lies.

Reply by MikeC/NY on 1/25/08 8:34pm
Msg #232440

I'm not sure how it works in OR, but here in NY we have specific verbiage to use for the conveyance of property situated within the state. I could care less where they're going to record it; the law is clear on how the acknowledgment has to be worded, and as a notary I must follow the law.

<<Can a CA company (lender) require notaries in other states to abide by CA laws?>>

Not if they conflict with the laws of the state in which the property is located. I can't imagine how or why the conveyance of a property in OR would be recorded in CA, but the venue of the signing is in OR and you need to comply with OR law. The "full faith and credit" clause of the US Constitution pretty much covers that...

Reply by Susan Fischer on 1/25/08 9:22pm
Msg #232450

Hi, All - I'm back, and getting ready to do this weird one -

and guess what....

[What?]

The guy's a lawyer. So, I'll tell him about the odd request, and I'm sure we'll have a good laugh.

Anyhoo, it made for an interesting Friday, and you all are so spot on.

Specials to Andy and Sylvia - and really, to all of you.

Gotta jet...big wreck on 101, so the next drive will be a little longer...

Be safe and warm,
Susie