Posted by Margaret Paddock on 2/6/11 4:46pm Msg #371751
Acknowledgement Included In Seller Pkg
I did a signing for seller in AZ with property in CA. At the end was an acknowledgment for me to complete. It did not state what I was acknowledging so I did not complete it. Does anyone know if this is required by CA law and would you have completed this? Thanks for your input.
| Reply by Linda_H/FL on 2/6/11 4:50pm Msg #371752
The real question is do YOUR notary laws allow you to provide loose acknowledgements, signed and sealed, with no relative document referenced or attached to it..just floating for whatever purpose someone else decides..
As long as the grant deed/deed of conveyance had the notarial certificate on it, I would not have signed that ack at the end without being told what it was for - and then I'd note the relative document on the ack.
MHO
| Reply by Margaret Paddock on 2/6/11 4:53pm Msg #371753
Thanks Linda I just returned it with the package and am waiting for a call. There was no place to insert the document name.
From everything I have ever read it is foolish to send an acknowledgment without stating what it is for. Hopefully they will overlook the need for it.
| Reply by Susan Fischer on 2/6/11 6:22pm Msg #371760
In Oregon, (I know, not CA) we must attach a loose
cert to the doc.
On the other hand, if there is a doc that requires a notarial cert, and the cert is on a page following the doc, I complete the cert, and statement on the sig page of the doc there is a cert attached, along with the name of the doc which was notarized on the cert. I staple cert page to sig page, which, if someone removes, at the least leaves corresponding staple holes, to indicate that indeed, there was a cert attached by the notary. (I know we don't notarize docs, but signatures, but you get the idea.)
Clear as mud?
| Reply by enotary/va on 2/6/11 9:59pm Msg #371769
Some title co. will send me an extra acknowledgement in case they need it. I will not send a extra loose ack,. Not a good idea.
| Reply by parkerc/ME on 2/7/11 7:37am Msg #371781
Extra acknowledgement?
Agree with enotary/va. I'm playing the devil's advocate here in guessing that the extra floating acknowledgement that's included in some of these package are just that...extra in case a separate page acknowledgement is needed to replace any ack in the package (due to shortage of space for seals/stamps, etc. or just flubbed up). Of course, for CA notaries if the wording doesn't comply with your requirements, it can't be used anyway unless modified. I just send it back blank with the package because I always carry my own extra separate page acks and jurats anyway.
| Reply by parkerc/ME on 2/7/11 7:41am Msg #371782
Re: Extra acknowledgement? PS
In looking back at Linda's post, of course I would modify that extra separate page ack to reflect what document it is supposed to apply to. (Which is why I use my own since it has that related document identifying block on it already)
| Reply by JanetK_CA on 2/6/11 11:31pm Msg #371772
Since it seems so many CA notaries haven't gotten the memo that there are required changes to the wording FOR **acknowledgments completed in CA by CA notaries**, I've seen lots of companies include a blank ack cert with the correct wording, just in case.
As someone else said, if you complied with AZ acknowledgment requirements, you should be fine. CA law shouldn't have any impact on what you do or don't do in your state. I would NEVER fill in a blank ack cert included in a package unless it was clearly indicated to go with a particular document, i.e., it included consecutive page numbers or it had the name of the document printed on the bottom of the page. If it was a document that I knew was normally notarized, the blank cert was there, but it lacked any indicator, I'd go ahead and fill it out, but add info to that page clearly tying it to that document.
|
|