Posted by CopperheadVA on 1/16/09 1:27pm
Msg #274719

Question for CA notaries regarding certificate requirements

I'm the second notary on a split signing. Wife was signed in CA two days ago. This is a CA property. The CA notary used the pre-printed acks and jurats that say:

"This instrument was acknowledged before me on ____ by ________."

"Subscribed and sworn to before me on ____ by ______."

I thought CA notaries HAD to use the specific wording that is listed on the CA SOS Notary website? Am I wrong?

Oh, and on this Name Aff I'm looking at right now, there is no venue listed on the jurat and she did not add it above the notarial statement.

She also used an inkjet printer.

Reply by janCA on 1/16/09 1:31pm
Msg #274721

Yes, it does have to be specific and this jurat is absolutely wrong. This notary more than likely is very new and does not know what he/she is doing. Especially if an inkjet has been used for loan docs.

Reply by CopperheadVA on 1/16/09 1:36pm
Msg #274724

Note sure how new she is... she knew enough to print extra RTC's for my signer - one to sign and two for him to keep (although it's entirely possible she was instructed to do that). Although I did have to make a copy of the TIL to give him.

The hiring entity said he usually gets his notaries off the NNA website. I don't have a listing there - he got my name off of NotRot. I checked this site and the numbers site for a listing for this CA notary and didn't find anything.

Reply by davidK/CA on 1/16/09 1:54pm
Msg #274735

Re: Question for CA notaries regarding certificate requireme

Hopefully the CA Recorder will reject the documents before the CA notary Public receives her fee, and then the title company can find a real Notary Public through Notary Rotary, not a "I'm not a real Notary Public, I just play one on TV" that they got from the NNA.

JMHO, of course.

Reply by Marian_in_CA on 1/16/09 1:54pm
Msg #274736

Oh wow...

But even a new notary should know about venue and state mandated wording. But, then... I'm surprised everyday by some things I see and hear.

Are you looking for contact information for this notary?

Reply by CopperheadVA on 1/16/09 2:20pm
Msg #274743

I was just curious about her so I tried to look her up. I don't plan on contacting her, but I think I might let the hiring entity know that she did not use CA compliant acks and jurats on some of the notarized docs, and I'll let them know about the venue thing. That is the extent to which I plan to involve myself in the situation.

The DOT appears to have the correct pre-printed certificate, it's just some of the other docs that have the more simply-worded jurat and ack. I'm allowed to use the pre-printed ack and jurat wordings here in VA, I just thought I've read on this forum that CA had specific wording that they could not deviate from.

Reply by Linda Spanski on 1/16/09 2:57pm
Msg #274757

Were the docs for CA or another state?

From the CA SOS 2009 Notary handbook, page 11:

"A notary public may complete a certificate of acknowledgment required in another state or jurisdiction
of the United States on documents to be filed 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."

A jurat signed in CA must include the CA wording that states the notary identified the signer.

Reply by CopperheadVA on 1/16/09 4:23pm
Msg #274773

It was a CA property - San Diego n/m

Reply by Marian_in_CA on 1/16/09 3:00pm
Msg #274759

Re: Question for CA notaries regarding certificate requireme

You've read correctly, especially if the the documents are going to be recorded in CA, and the notary should have known that. This is really basic, and is covered over and over on the exam that she apparently managed to pass to obtain her commission.

In fact, if it is damaging enough and somebody wanted to pursue it, it could be grounds for suspension or revocation of her commission based on a "failure to discharge fully and faithfully any of the duties or responsibilities required of a notary public." (CA handbook, 2009, page 32)

Reply by JanetK_CA on 1/19/09 2:30am
Msg #275006

Probably will be rejected...

I'd put my money on that DOT being rejected by the County Recorder. In fact, I'd bet it's a slam dunk (although that may vary some by county). Most will kick it out if it doesn't have the "under penalty of perjury" phrase added to the ack. (Recoder is unlikely to see any jurats, but not unheard of.)