Posted by notarybug/ca on 3/5/12 2:14pm
Msg #413984

CA DMV Lein Satisfied Title Release

I need to notarize a DMV Title Release It's a small car dealer that need to sign over release of title. What ID/DL information should I use for my log book?? Dealer business license#?? Business owner's ID#?? If these arent available??

I appreciate any info. I'm headed to go do that in a few hours. Thanks everybody.
(I did search for past posts but couldn't find anything with Lein Satisfied Title related)

Judy

Reply by GOLDGIRL/CA on 3/5/12 3:21pm
Msg #413999

CA notarizes the signatures of individuals. It doesn't matter that he's a car dealer or an appliance salesman. It doesn't even matter the type of document. Just make sure it doesn't have any blank spaces (that are supposed to be filled in). The person signing the document produces his/her ID, you record that in your journal along with the typs of document and you notarize his/her signature. Period. Capacity, title, affiliation, etc. are not any of our concern. His business license number is not of any importance to you, either (?). You could just as easily be notarizing loan docs, POAs or an affidavit verifying something or another. It's all the same. You are simply notarizing the signature of the person in front of you. Nothing more, nothing less.

You might take a few all-purpose acknowledgements with you cos it's likely that the lien release will not have CA-compliant verbiage for notarial purposes - if it even has any notarial verbiage at all. Before you go, print a couple of acks off the SOS Web-site if you don't have any ...

Reply by JanetK_CA on 3/5/12 3:35pm
Msg #414002

Well said!

Also, I believe that any notary worth their salt should always have spare blank notary certificates (acknowledgment and jurat - unless you have a stamp) on hand. When I first started out, I copied what was on the SOS website and created my own certs in Word. I've just modified them as necessary over the years. Keeping a supply on hand is now just a simple matter of printing them out as needed. This is an essential tool of our business.

Reply by notarybug/ca on 3/5/12 3:55pm
Msg #414006

Re: Well said!

Thanks and I agree. I have plenty of copies of Acks, jurats etc on hand all the time. They only need the principals/witness info and my signature and stamp when the time comes. I have filled & typed in my info as well.

Reply by notarybug/ca on 3/5/12 3:53pm
Msg #414005

Thanks for replying. My questions wasn't quite "what kind of ID to accept" but rather "WHO's id". The Dealer is Title owner so if there isn't a stated name do I use Dealer ID info, was what I meant. If there is a specified name than of course THAT is who signs as principal and their ID is used for my journal. Sorry if I was unclear in my origianl post. Thanks again for replying.

I always have plenty of Acks, jurats, etc copies with me ready to go and notarize at all times. I created my own so I had my name, etc already printed on them, all they need is a sig and stamp.

- Also, the form does nave the Notary section at the bottom of the form. I always double check with my acks to make sure the wording is exact. Thanks!!

Reply by GOLDGIRL/CA on 3/5/12 3:34pm
Msg #414001

PS: Sounds to me like you also need to brush up on acceptable ID for CA notaries. The handbook clearly states DLs or Passports. (there are other extenuating options, but none would apply in your case). Why would you ever think a business license would be acceptable ID? Yikes. And you should definitely know what to do if "these aren't available." Don't mean to sound harsh, but really, you would be wise to study up a little.

Reply by notarybug/ca on 3/5/12 4:01pm
Msg #414007

Like I mentioned in my reply to your first post .... I wasn't questioning "What types of ID to use" I was asking "WHOS' id to use" if there isnt a name stated on the Title of the car. Like if there is only the Dealership name how do I know who has authority to sign over title. Not trying to concern myself with the actual document because it isn't my concern, just want to make sure I dont Notarize something I shouldnt be.

Just so you know, I have only been doing this for a month and this is my 3rd Notarization, I like to be careful when I do anything so I ask questions. I may be repetitive at times but at least I know the task I am doing will be done correctly the 1st time. Why is it that so many people who reply to posts assume that the Notary has been in business for years & years?? Not singling out you but I thought that what this post forum was for to help each other out, not scrutinize people for asking questions. It's not going to fall on anybodys head but the question asker. Just sayin.

Reply by rengel/CA on 3/5/12 4:18pm
Msg #414008

You use the ID of the person who is signing the document.

And, it doesn't matter how long you have been a Notary or how many notarizations you have performed, it is imperitive that you do each and every one correctly. You need to read and study and learn and know your state notary laws frontwards, backwards, sideways and every way from Sunday. Each notarization is a serious matter and should be taken seriously - as any screwups can be very costly to the person whose signature is being notarized, and could become very costly to YOU if your bond gets hit.

The people on this forum (for the most part) are trying to help you, not hurt your feelings. Don't get your panties in a twist but the question you asked is basic Notary 101. If you don't know the answer to that one, perhaps you should take a break from performing notarizations until you know your state notary law better. There are only a handful of notaries on this forum whom I would trust with answering questions I have. There are many people on this forum whom I don't know from Adam and won't trust my commission on an answer that I get from a perfect stranger. Just covering my assets.

My .02

Reply by JanetK_CA on 3/5/12 4:39pm
Msg #414012

The answer is in the wording in the acknowledgment itself, when it says "personally appeared before me". We are prohibited from certifying capacity in CA, so even if it was a pre-printed acknowledgment that said "Joe Smith, Owner", we would have to line through anything beyond the name. We ID the signer, the PERSON who "personally appeared", and notarize their signature.

I agree with rengel ca, that this question is at the heart of the most basic thing we do and should be thoroughly understood before anyone does ANY notarizing. And if these types of issues are not clear, then that person needs to go back to the books or the teacher. Hopefully you now have this basic concept cold so you won't have to ask again. However, I do agree it's always better to ask than to risk making a mistake!

As for your last comment, this forum is for "Professional Notaries", as stated above, so there is the assumption that posters at least know the basics.

Reply by Sha/CA on 3/5/12 9:52pm
Msg #414025

I agree, rengel and JanetK called it like it is. n/m

Reply by Marian_in_CA on 3/6/12 2:23pm
Msg #414101

"Why is it that so many people who reply to posts assume that the Notary has been in business for years & years?? Not singling out you but I thought that what this post forum was for to help each other out, not scrutinize people for asking questions."

Oh, we're all more than happy to help... but this is also a VERY professional forum with many seasoned veterans and you're kind of expected to know what you're doing beyond the bare minimum. Scrutinizing and delving in to some of the more technical aspects of our professional are actually some of the best things that happen here. That's not to say we won't help you... because we will, but don't expect a lollipop and participation trophy when you ask a question that you should have known how to answer for yourself before you even took the state exam.

It's all in how you ask the question, really.

Reply by SheilaSJCA on 3/5/12 10:57pm
Msg #414030

Just to be perfectly clear, it is not your role or concern to establish that the signer is the owner, title clerk, or whatever special title they may have in their capacity at the business you are standing in. They present you with the paperwork they want to sign, and they present ID that is valid and they are able and willing to sign it, let them sign it, do not overthink it.
The only ID listed in your journal (not sure what you mean by logbook) should be) what they present to you for identification, and it cannot be a dealer business license, etc.Please review your notary handbook for acceptable ID's.

Reply by Carole Breckbill on 3/6/12 7:08am
Msg #414040

Since the lien is in the name of the dealership, I would probably have the person sign his name, his title with the company, and company name (Jon J. James, President, Amce Car Dealer).

Reply by rengel/CA on 3/6/12 11:13am
Msg #414078

"I would probably have the person sign his name, his title with the company, and company name (Jon J. James, President, Amce Car Dealer)."

This is another reason to know YOUR state laws inside and out. No offense Carole, but what is legal in Ohio is not legal in California. We cannot certify titles or capacity in California.

My .02

Reply by janCA on 3/6/12 11:30am
Msg #414082

He can sign the document any way that he wants. You just can't put it in the certificate. (If you're in CA)

Reply by Marian_in_CA on 3/6/12 2:16pm
Msg #414099

I think that you're overthinking this. Don't worry about who should sign anything -- that's not your job. All you're doing is notarizing the signature of the person signing the document. That's it!

The person who has the authority to sign will sign... if they do it wrong, it's their problem, not yours. You SHOULD NOT be advising anyone about who should sign what. You journal contains the information about the PERSON signing... in California, the business name, capacity, etc, are completely meaningless to us. The ID you use should be for the PERSON. We don't give a flip who they work for.