Posted by Diane McGranahan on 8/17/09 2:31pm
Msg #300391

Quitclaim Deed

one of my clients has asked me to notarize a quitclaim deed (CA). Husband is refusing to sign so wife has taken him to court and gotten a court order that they must appear in court (tomorrow) with notary in tow and he must appear before judge, sign quitclaim, and I am to notarize the document. I'm thinking I should ask for a copy of the court order just to protect myself should future litigation arise as the husband is obviously not "signing of his own free will", etc. Anyone else out there ever had to do this?

Reply by MW/VA on 8/17/09 2:37pm
Msg #300393

This sounds like a mandatory settlement issue in a divorce. If it's all being handled in the courtroom in front of a Judge, why would you have any concerns? There are going to plenty of people there who witness the notarization.

Reply by Susan Fischer on 8/17/09 2:48pm
Msg #300395

Plus, can you note in your journal there was a court's

order for him to sign, and the place of notarial act? (Courtroom.)

You don't really want to be responsible for hanging on to that doc for eons, do you?

Reply by Diane McGranahan on 8/17/09 2:57pm
Msg #300399

Re: Plus, can you note in your journal there was a court's

thanks all! you're right! I have just never been asked to notarize in a courtroom scenario like this. should be fun with a hostile husband. have a great signing day everyone!

Reply by JanetK_CA on 8/17/09 3:21pm
Msg #300408

Re: Plus, can you note in your journal there was a court's

Also, keep in mind that while we likely all generally agree that a notary should confirm willingness as a matter of good procedure and ethics, I don't believe there is anything in California notary law that mandates us to make that determination.

Reply by jba/fl on 8/17/09 3:24pm
Msg #300409

Willingness issue

I think we can agree it would be willing to either sign or be in contempt and face jail time. Willingness to sign vs. the alternative is still choice of being willing. JMO

Reply by Michelle/AL on 8/17/09 3:31pm
Msg #300413

LMBO @ jba/fl n/m

Reply by Keystone_SA on 8/17/09 2:58pm
Msg #300400

Re: Plus, can you note in your journal there was a court's

Once again it comes down to the fact that you are performing a "notarial duty". You are not drawing up the document to get executed, nor are you acknowledging the validity of the document... just the signatures. IMHO

Reply by SharonMN on 8/17/09 5:24pm
Msg #300428

I'm amazed there isn't a notary at the courthouse that could handle this - if they want to pay your fee, great, but seems unnecessary in light of the location.

Reply by MikeC/NY on 8/17/09 11:03pm
Msg #300516

I can only speak from my own experience, but here most of the notaries in the courthouse are lawyers - and they don't want to get involved in someone else's case. The judge probably doesn't want to be bothered with finding a clerk who is a notary and dragging him or her into the courtroom - easier to just order that the plaintiff bring a notary along.

As far as whether or not he's signing willingly - that's moot. Judge says he has to sign, so he has two options - sign or be in contempt of court and spend time in jail. I think this is the one instance where a notary doesn't have to worry about determining "willingness"...

Reply by John Schenk on 8/17/09 6:52pm
Msg #300447

He'd probably be even more willing if he spent a few days in jail for contempt for not signing it.

CHOICES: Go to jail for contempt, or sign it. The choices are limited, and each would be a voluntary act/Choice, the latter of which will occur at some point in time. LMAO

JJ

Reply by Jon on 8/18/09 11:16pm
Msg #300723

A day late, but for future reference, Ca Civil Code 1189 states:

"The proof or acknowledgment of an instrument may be made before a notary public at any
place within this state, or within the county or city and county in this state in which the officer
specified below was elected or appointed, before either:
(a) A clerk of a superior court.
(b) A county clerk.
(c) A court commissioner.
(d) A retired judge of a municipal or justice court.
(e) A district attorney.
(f) A clerk of a board of supervisors.
(g) A city clerk.
(h) A county counsel.
(i) A city attorney.
(j) Secretary of the Senate.
(k) Chief Clerk of the Assembly."

It should be relatively easy for the judge to find someone at the courthouse to perform the Ack (assuming the Quitclaim has an Ack). Those listed above do not have to be a notary to perform the Ack, they have authority to do so based on their elected or appointed position.

If you are uncomfortable in doing the notary in court (sorry, I couldn't resist, although I should have) politely decline. There is no law that says that a notary must be mobile. Unless of course the court order lists you specifically to show up. Hope you charged a good fee, you may be at court a while .

Reply by Jon on 8/18/09 11:18pm
Msg #300724

BTW, Let us know how it went.