Posted by salavalos_CA on 4/26/12 12:10pm
Msg #418988

California Notary Notorizing Out of State Documents

I know that California Notaries can use the an out of state awknowledgment if the document is going to record out of state, that being said for documents that are not recording can we use the jurats and awknowledgment they include in the package, I have an out of state title company who insist I use those awknowledgment.

Reply by Linda_H/FL on 4/26/12 1:00pm
Msg #419006

My understanding is you can use the out-of-state

acknowledgement providing they are not requiring you to certify capacity - doesn't say anything about "recorded" in another state - just required by another state. However, you cannot use an out of state jurat - that MUST be in the CA form.

Page 11 and 12 of your handbook.

Acknowledgement:

"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."

Jurat:

"Any jurat taken within this state shall be in the following form:"

http://www.sos.ca.gov/business/notary/forms/notary-handbook-2012.pdf

Reply by Stephanie Santiago on 4/26/12 1:36pm
Msg #419017

My Advice - Follow California notary Law.

Who are we to make decisions based on whether a doc is going to be recorded or not.
I follow California notary Law. It's the right thing to do.
I have integrity when it comes to notarizing docs and am prepared to keep my reputation intact.

Reply by Buddy Young on 4/26/12 4:58pm
Msg #419030

Any ack or Jurat taken in Calif. has to be in Calif. language, unless the other state requires their wording to be recorded.

When I get that request, I ask them to show me in writing that their state requires their ack for recording. If they can't prove that to me, they get California acks and jurats.

Reply by JanetK_CA on 4/27/12 1:17am
Msg #419084

I mostly agree with the others. Any jurat MUST have California wording, no exceptions. For the acknowledgments, are they all the same and do you *know* that that language complies with wording specified for an acknowledgment in that state? Also, does the verbiage not contradict any CA requirements, like saying that the signers are "personally known to me...", or including a capacity?

If you can't answer "yes" to all of those questions, I'd strongly recommend sticking to your guns and telling them that since you're notarizing in the state of California, you're required to comply with CA notary requirements.