Posted by snuzzz_CA on 10/24/08 12:18pm
Msg #268088

RE: Acknowledgement...

Do any of you stamp your name/notary public on the acknowledgement? I was told that per California notary Law you have to write your name/notary public in that line. How about a preprinted stamp that says "see attached loose certificate" when the wording is incorrect.
Thanks in advance for all who reply.

Reply by LKT/CA on 10/24/08 12:44pm
Msg #268094

<<< I was told that per California notary Law you have to write your name/notary public in that line.>>>

What notary law is that? The CA Secretary of States OWN acknowledgments (at their website) can be filled in, therefore when you print them "Your Name, Notary Public" is preprinted.

<<<Do any of you stamp your name/notary public on the acknowledgement?>>>

Yes, I have a stamp with "My Name, Notary Public" that I use on ALL acknowledgments. I don't have a "see attached loose certificate" stamp but there's no reason you cannot use one.
Please remember this: It will behoove you to know the CA notary laws for yourself. You could get in big trouble with the CA SOS for acting on wrong/misinformation, regardless of the intentions of the person telling you. Get to know the handbook well.

Reply by snuzzz_CA on 10/24/08 12:55pm
Msg #268096

Thank you LKT for the input.... I'm not taking the word of anyone just wanting to see if anyone else had been instructed to do this by a Loan certification teacher. What a shame that Loan Certification instructors don't know the California notary law...

I do have a preprinted stamp and I do use it! I have been crossing out the incorrect verbage on the certificates and using my stamp........... Again.. Thank you for your input..

Reply by Marian_in_CA on 10/24/08 1:21pm
Msg #268098

I think that some people take things too literally. If an instructor is showing you a blank form and they say "write it in" -- that doesn't that it must be handwritten.

You said, "I was told that per California notary Law you have to write your name/notary public in that line."

Well yes, per CA law your name must appear in the part marked by the parentheses:

"On _______________ before me, (here insert name and title of the officer), personally appeared..."

But it can get there any number of ways. You can write it by hand. You can use a stamp. You can fill out the PDF form available directly from the SOS's website. You can even preprint your own loose acknowledgment forms with your name already in the wording. You are not required to use any of those pre-packaged loose certificates. They are convenient, but not required.

I know of a notary in Northern California who designed her own loose forms using the proper wording. It has the option information section at the bottom and has spaces for fingerprints, too. Her name is preprinted right in the wording as well. She had them printed up professionally on security paper and keeps them locked up with her journal. I think that's a fabulous idea. There's absolutely nother wrong with doing that provided the wording used is to state standards.

In fact, an ack or jurat can be written entirely by hand if necessary. It's the wording the matters, not how the words got there.


So if I wanted to hand write (type) an ack right now, I could:

==============================
State of California
County of Kern

On 24 October 2008 before me, Jane Doe, Notary Public, personally appeared John Smith and Sheila Smith, who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.



Signature __________________________________ (Seal)
=========================


There you go, totally within the law because it follows prescribed wording.

Obviously, though, you can't always type out the wording. That's why those forms exist with blanks so you can do it on the run. That doesn't mean you have to write it your name by hand.

The only thing that must be done my hand is your actual signature.

Reply by snuzzz_CA on 10/27/08 2:08am
Msg #268292

Re: Thank you for the show and tell

Marian.. Thank you for the show and tell... I do not appreciate you calling me a liar especially since you were not there! Just for your information... I've been in this business for years working in escrow, mortgage, timeshare contracts and real estate sales and I do know what was taught that day in class. Don't bother writing about why I posted this question, because you wouln't get it if I told you.. I'm glad you weren't practicing law in your post.

In my humble opinion you have wayyyyyyyy too much time on your hands!!

Good luck to you and have a blessed day.

Reply by Jack Tri on 10/24/08 4:51pm
Msg #268124

County will not record document must write your name,a notary public or your name,notary public. must be on the document or no recording will be done.when they 1st started it if you didn't put the A in they kicked it back

Reply by Marian_in_CA on 10/24/08 5:34pm
Msg #268131

Yes, but it doesn't mean that the notary must actually "hand write" their name on the line. There are all kinds of ways to put the name there so the wording is correct. It can be stamped, hand-written, typed or pre-printed.

What matters are the words being used, not the medium or method of putting those words on the paper. Well, unless you're dealing with somebody picky who wants a certain color ink... but that has nothing to do with the actual legality of the notarization.