Posted by Bravo on 10/8/10 8:17pm
Msg #356010

Proof of Execution by Attorney at Law

I would appreciate hearing from someone asap as to what a 'Proof of Execution by Attorney at Law' is. The wording on it doesn't fit the CA Law wording. I have never seen it before and I am being asked to complete one for an upcoming signing. Thank you in advance for your wisdom.

Reply by jba/fl on 10/8/10 8:42pm
Msg #356012

Are you an attorney? n/m

Reply by Bravo on 10/8/10 8:52pm
Msg #356015

Re: Are you an attorney?

No, I'm not.

Reply by Bravo on 10/8/10 8:57pm
Msg #356016

Re: Are you an attorney?

Here is the form I'm being asked to use:
State of California
County of________
On this the_____day of__________20__, before me, ________________________the undersigned oficer, personally appeared,___________________________known to me (or satisfactorily proven) to be a member of the highest court of said state and a subscribing witness to the within instrument, and certified that he/she was personally present when
_______________________________, whose name(s) is/are subscribed to the within instru-
ment executed the same, and that said person (s) acknowledged that he/she/they executed the same for the purposes therein contained.

In witness whereof, I hereunto set my hand and official seal.
_______________________________

_______________________________
Title of Officer

My commission expires:____________

Reply by BrendaTx on 10/8/10 9:49pm
Msg #356017

There is such an animal, but it is another state, isn't it?

My old mind is weary tonight. Seems like this comes from a very northeastern state.

Reply by Susan Fischer on 10/8/10 11:01pm
Msg #356020

I'd diagonally line through this, and attach my Oregon

compliant ack.

This one's just another example of trying to be legal-er - without adult supervision - if OP's post was cut and paste - what's an "oficer"? Not that an ack couldn't be created for attys/notaries, but this sure isn't it.

jmho

Reply by Virginia/PA on 10/9/10 10:58am
Msg #356054

Re: Are you an attorney?

We have that form in PA. It's used when the people who signed the document signed in front of an Attorney but the Attorney was not a Notary and a Notary was not around. The Attorney appears before the Notary and swears he was present when the people signed the document and it is acceptable in PA for that scenario. But if you're doing a loan signing, then you must be meeting with the Attorney and not the borrowers. That's an Acknowledgement form. If the Attorney was, in fact, acting for the borrowers, for a jurat, the Attorney would have to sign him/herself and have a Power of Attorney authorizing him to sign. If he/she already had a POA, then the Acknowledgement should only need to be signed using the POA and not the language you quote. I've used the form you quote for a single document but would question any loan document package that contined nothing but that form.
Don't know what other states allow or require.

Reply by Linda_H/FL on 10/8/10 10:16pm
Msg #356018

Does this help?

http://law.onecle.com/california/civil/1195.html

No matter how you look at it - *someone* - preferably an attorney (according to the form), has to appear before you and sign the document - you notarize....

I'm thinking someone has their wires crossed and it will be executed after the fact...usually these are done when a deed of conveyance is signed but not notarized and the signer is not available to have their signature acknowledged (a la dead or can't be located).

Honestly, your final answer comes from your hiring party - and I hope you can get someone who knows what they're doing to give you a definitive answer.

Good Luck.

Reply by SheilaSJCA on 10/8/10 11:33pm
Msg #356025

This is from the handbook 2009 pg 43- it does not have to be an attorney, I think it just happens to be so in your instance. Wording can be a little different as stated below.

(c) Any certificate for proof of execution taken within this state may be in the following
form, although the use of other, substantially similar forms is not precluded:

State of California } ss.
County of _________
On __________ (date), before me, the undersigned, a notary public for the state, personally
appeared _________________ (subscribing witness’s name), personally known to me (or
proved to me on the oath of _________________ (credible witness’s name), who is personally
known to me) to be the person whose name is subscribed to the within instrument, as a witness
thereto, who, being by me duly sworn, deposed and said that he/she was present and saw
_________________ (name(s) of principal(s)), the same person(s) described in and whose
name(s) is/are subscribed to the within and annexed instrument in his/her/their authorized
capacity(ies) as (a) party (ies) thereto, execute the same, and that said affiant subscribed his/her
name to the within instrument as a witness at the request of _________________ (name(s) of
principal(s)).
WITNESS my hand and official seal.
Signature ______________________________________ (S

Reply by JanetK_CA on 10/9/10 12:19am
Msg #356027

Right!

But this is only if you're using a Subscribing Witness instead of having the person who signed the document personally appear before you. Is that the case, Bravo? If not, I would just substitute a standard acknowledgment certificate. If it is the case, be sure to review what the Handbook says about Subscribing Witnesses. I don't think that's allowed for anything related to real property (e.g. a GD or DOT, etc.)

Reply by JanetK_CA on 10/9/10 3:49am
Msg #356038

Right!

But this is only if you're using a Subscribing Witness instead of having the person who signed the document personally appear before you. Is that the case, Bravo? If not, I would just substitute a standard acknowledgment certificate. If it is the case, be sure to review what the Handbook says about Subscribing Witnesses. I don't think that's allowed for anything related to real property (e.g. a GD or DOT, etc.)

Reply by Stamper_WI on 10/9/10 5:34am
Msg #356041

I am hung up on "known to me (or satisfactorily proven) to be a member of the highest court of said state " The rest has the required language

Reply by jba/fl on 10/9/10 7:40am
Msg #356043

I am hung up on "known to me (or satisfactorily proven) to be a member of the highest court of said state "

Me too! Which is the highest court?

Reply by janCA on 10/9/10 10:22am
Msg #356048

I would also just attach a CA compliant acknowledgment. Remember, you have to personally KNOW the subscribing witness who is signing or use a credible witness that you know and the signer knows and therefore, you do not record their ID information in your journal. Plus, as stated, if this has anything to do with property deeds other than trustee's or reconveyances, you can't use a subscribing witness.

Reply by Bravo on 10/10/10 8:38pm
Msg #356226

Thank you all so much for you input. As it turned out, while trying to find an answer about using this Proof form I went in to Notary Rotary's section to check out the Signing Agency who was asking me to perform this and I found out that Nation's Direct has a very bad reputation. I promptly called them back and asked them to reassign this transaction due to their non payment history of their notaries. So I was saved the hassle of dealing with them over this "Proof" issue plus a possible problem in the future. Thanks members!