Posted by James Dawson on 9/9/10 10:09am
Msg #351976

Bank refuses my Acknowlegement, not XYZ form

Client I did a POA two weeks ago just left my house. A bank would not accept my ACK. The client told me they had no problems with it at two other banks and a property transaction.

This particular bank told them (and provided an example ) they must use a form provided by XYZ with the option section, form was dated 2006.

I printed out the first page of the notary handbook which has a link to the SOS for the newest ACK form. I also printed out the "web" page that shows California State forms, ACK and Jurats, 2010.

I finally gave the client the blank form he was told he needed (created by XYZ) drew and line through it and marked VOID across the face of the document. I then attached a copy of SOS message showing the updated changes to the ACK.

Hopefully the person at the bank who refused to accept my ACK will be able to put all this together, the client understood and will explain to them if necessary. Geezh.

Reply by Yoli/CA on 9/9/10 10:39am
Msg #351984

I generate my own that have that option section. So, when I get docs in advance, I can type it all up nice and neat. I'll email you one in Word format, James, so you can customize it.

Reply by Marian_in_CA on 9/9/10 10:45am
Msg #351987

I use my own as well...

Mine are customized with my details, and I stamp a unique "serial number" on each one of them, which is then recorded in my journal. I know it's a bit of overkill and not at all required, but it's a personal security measure. That way, if one of my loose forms ends up attached to some other document, I have an easy way to figure that out.

Reply by James Dawson on 9/9/10 11:01am
Msg #351992

Thanks Yoli I really like your form, I use just

the generic downloaded web forms but I suppose I should upgrade/personalize them.

Hmmm maybe put a drawing in the background...Wow, "personalized" ACKs and Jurats ahaa...new revenue stream. LOL

Reply by Marian_in_CA on 9/9/10 10:43am
Msg #351986

OH, good grief. I would have called the bank directly myself and educated them on is. I may have even paid a personal visit with my handbook and informed them they were mistaken. I would also then, after showing them the legal requirements, show them of my favorite CA notary statute, which I call the "argument ender" -- Gov't Code 8225(a):

"Any person who solicits, coerces, or in any manner influences a notary public to perform
an improper notarial act knowing that act to be an improper notarial act...shall be guilty of a misdemeanor."

If they kept on it past that, I'd hand them a slip of paper with the Secretary of State's phone number and tell them they are happy to take up the issue directly. This paper has my name and commission number on it, too... that way if they want to complain about me, they're welcome to do so.

Why do so many people think that we need to use a specific document? All the law requires is that specific wording be used. For all the law cares, we can write the certificate language by hand on the document itself if there's room. We can stamp it using a pre-made stamp... whatever... as long as the wording is correct.

Last week I met a guy who was confused by the fact that I didn't add a loose sheet to his document. I used my jurat stamp because there was extra room under his signature. No need for a loose form if I can avoid it. He told me that every notary he's met has stapled an extra sheet to his documents and figured it was required. I explained that it the loose form is a common tool, but not a requirement... and that I prefer to avoid using one if possible. He understood, I think... for a bit there I think he thought *I* was an idiot or "doing it wrong."

Reply by James Dawson on 9/9/10 11:06am
Msg #351993

>>>> 8225(a):

"Any person who solicits, coerces, or in any manner influences a notary public to perform
an improper notarial act knowing that act to be an improper notarial act...shall be guilty of a misdemeanor." <<<

This is great except the person in question most likely didn't know it was improper and definitely needs to be educated.

Reply by Marian_in_CA on 9/9/10 11:27am
Msg #351996

That's why I always present 8225 *after* I educate them, and give them a written source to confirm it. At that point, they now know what the law is... or should now because I've shown them an official state resource citing it.

Reply by James Dawson on 9/9/10 11:32am
Msg #351997

o k understood n/m

Reply by ikando on 9/9/10 1:12pm
Msg #352012

Marian, I can relate to your specific wording on whatever format. I used to work for a real estate attorney who taught real estate law at a local college. One of his favorite points was to print the required wording of a real estate contract on the back of a #10 envelope (across the regular long side, not down the short end), ending up with only about 30 words and blanks for details. In that way, he let the students know that it's not the paper format, but the specific words that were important.

Reply by rengel/CA on 9/9/10 1:18pm
Msg #352014

"Why do so many people think that we need to use a specific document?"

They must have drank the XYZ Kool-Ade ; )