Posted by VT_Syrup on 9/14/12 8:35am
Msg #434367

singular/plural and gender in CA acknowledgements

Since I often receive acknowledgement certificates with California wording, and I could use them as long as I change the state and county, I would like to know if California notaries generally cross out the words that don't apply in order to show the number of signers and the signer's gender.

So do you cross out "(s)" and "she/they" if there is only one signer, who is male, and so on? If so, do you initial the changes?

I've been advised by a signing service that a significant number of county recorders will reject certificates if the paragraph that says "I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct" is altered to give the name of a different state.

One thing that I wonder about as far as the penalty of perjury paragraph being used by a non-California notary is whether the notary might appear to be administering an affirmation to him/herself. Sure, we all sign statements under penalty of perjury all the time as private individuals, for example, when we file our tax returns. But can we do so while acting as a notary? If the paragraph read ""I solemnly affirm under PENALTY OF PERJURY..." that would definitely be unacceptable, but I'm not sure if "certify" makes it OK.

Reply by ct on 9/14/12 8:45am
Msg #434369

yes, we cross out the words that don't apply and no we do not initial...I have never altered wording in an acknowledgement..I would attach my own States acknowledgement if there was any question about county recorder kicking it out.. It would be so much nicer if all the States had a universal Acknowledgement but that just isn't the case...

Reply by HisHughness on 9/14/12 9:05am
Msg #434371

I underline the applicable term (his/her/their). When required, I strike; the "personally known" verbiage comes to mind, and when I strike, I initial. The easiest thing to do with the damnable California perjury garbage is just to substitute an acknowledgment for your state. Cross it out, and the title company will be bugging you about it, claiming that the recorder won't accept. That may or may not be true, or it just may be the anality of the document processor.

Reply by Cam/CA on 9/14/12 9:15am
Msg #434373

Re: Same as ct, cross out, underline and no initials. n/m

Reply by Lee/AR on 9/14/12 10:25am
Msg #434381

I do the crossouts of he/she/they as appropriate, but do not initial those. Always cross out the pesky CA penalty of perjury clause & do initial that crossout. No, I don't change CA to AR on that clause because CA is the only state (to the best of my knowledge) that is that crazy. AR certainly doesn't have that! Have never had a problem with doing that...except for some grief from a CA lawyer---who, when sent the actual CA law on accepting out-of-state Acks.--stopped bugging me.

Reply by Marian_in_CA on 9/14/12 11:16am
Msg #434387

Well, I can't speak for other states, but when I fill out our certificates, I line through the items that don't apply and circle the ones that do, that way there is no question as to what I meant. I don't initial those.

Reply by JAM/CA on 9/14/12 12:16pm
Msg #434397

Same as Marian. I feel it's helpful in those situations when you can't tell if a name is male or female.