Posted by lucky/ca on 4/11/12 11:10am
Msg #417577

Please help ASAP. Thank you

I wrote up above about being asked to be a witness on a Massachusetts note for a package of loan papers I notarized.

Reply by Penney/CA on 4/11/12 11:11am
Msg #417579

I, myself, would sign it but not notarize it. You did witness them signing the document and that is really all they are looking for. The "Notary" part is really just a title.

Reply by VT_Syrup on 4/11/12 12:33pm
Msg #417589

In any state, I would not use the title notary unless performing a notarial act. I understand California is insistent about this.

Reply by Marian_in_CA on 4/11/12 1:25pm
Msg #417593

There's usually no issue with you siging it as a witness... HOWEVER... you CANNOT use the title NOTARY PUBLIC if you aren't notarizing it. It is illegal in California to do that. so you should cross out any reference to "Notary" on that.

If they have issues with that, you can reference them to CA Government Code section 8207:

"...A notary public shall not use the title "notary public" except for the purpose of rendering notarial service."

When acting as a witness for that document, you're not acting as a notary. You have to compartmentalize the roles sometimes.

Reply by lucky/ca on 4/11/12 3:03pm
Msg #417600

Thank you Marian!

I assume you know this is a Massachusetts property and not California property.

Reply by Marian_in_CA on 4/11/12 3:10pm
Msg #417602

Yes... but that doesn't matter. You're a notary in California.

Reply by lucky/ca on 4/11/12 3:16pm
Msg #417604

Thank you Marian.

Reply by Signerbill on 4/11/12 6:16pm
Msg #417630

You will also have the same wittiness block for N. Carolina and Georgia.