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Well it's happened again!
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Well it's happened again!
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Posted by CopperheadVA on 11/12/10 1:14pm
Msg #361003

Well it's happened again!

I did a loan package for a CA property and I lined through the CA ack certificate and stamped my Virginia ack wording on the same page. I completed the certificate, signed and placed my notary stamp. It is validly notarized. TC has contacted me and says they think it will be rejected by recorder's office and they want me to complete and send them a CA ack.

I only have this problem with CA property docs.

Reply by James Dawson on 11/12/10 1:27pm
Msg #361006

Ha Ha Copperhead..I think Va has a place to notarize on the note and California doesn't. I notarize it with a Calif. ACK. Maybe they didn't/don't like your lining out the Ca certificate. Maybe you should have just attached yours instead. Just a thought.

Reply by CopperheadVA on 11/12/10 2:00pm
Msg #361016

James, what I don't get is what's the difference between attaching a loose certificate and stamping the Virginia wording onto the existing page?

Reply by James Dawson on 11/12/10 3:09pm
Msg #361035

One thing I know is this exact verbiage...it cannot say "personally know to me" anymore.

Reply by CopperheadVA on 11/12/10 3:19pm
Msg #361040

My main problem with the CA wording is the penalty of perjury thing under the laws of CA. None of that is part of the Virginia notary certificate and I will not include that in my certificate. I cross out that part on the LSI POA & Correction Agreement (non-recorded document), but I thought doing it that way on a DOT might cause an issue at the recorder's office, so I used my Virginia ack stamp instead.

Reply by James Dawson on 11/12/10 3:26pm
Msg #361043

I would have said don't worry about it but just saying that here ...is cause for worry! LOL

Reply by Kim_CA on 11/12/10 1:36pm
Msg #361010

I've worked with a certain Title Company based in Nevada over the years who always tells me to use their acknowledgements because the recorder will reject anything else.

The funny thing is that I've notarized plenty of docs for other companies based in Nevada and used a California acknowledgement or jurat with no problems.



Reply by CopperheadVA on 11/12/10 1:58pm
Msg #361015

I spoke to the recorder's office in CA - they told me that the way I did it was acceptable and it would not be rejected.

Reply by James Dawson on 11/12/10 2:01pm
Msg #361017

Alright..spotlight on being proactive! n/m

Reply by nobhill on 11/12/10 2:31pm
Msg #361023

California's the primadonna's of all states. They want things their way.

Reply by Stoli on 11/12/10 4:21pm
Msg #361054

Please refer to the California notary Public Handbook 2010

http://www.sos.ca.gov/business/notary/forms/notary-handbook-2010.pdf

Please see page 13, paragraph 4.

Your state certificate is acceptable.

Reply by Les_CO on 11/12/10 8:02pm
Msg #361081

I think I’d refer them to the United States Constitution Article 4 section 1.

Reply by JanetK_CA on 11/12/10 9:10pm
Msg #361101

Here's my guess...

...and it's a wild guess: sounds to me like someone in that County Recorder's office has been looking out for incorrect verbiage from CA notaries and finding it so often that they're rejecting something automatically, not realizing it's coming from out of state and should be OK - IF it complies with that state's requirements. I think this is especially plausible if that state uses or allows verbiage that's the same or similar to what used to be California's requirements.

Just a thought....


 
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