Posted by CaNotary777 on 4/17/13 2:45am
Msg #466009
Two or three pertinent questions need answers pls :)
1) Can a client who (has no option but) signs with a mark, place a mark OTHER THAN an X? Will that mark be acceptable under relevant CA notary laws?
2) Can I place TWO Jurat (verbiage) stamps on one page( along with my CA notary seal), covering say two persons each on the two Jurat stamp(s)-- if total four persons have appeared before me and were identified and were sworn in and they signed.
3) Attn NSA's --- Often some Loan docs have blank spaces on them. on the one hand we the notaries are not expected to notarize docs carrying blank spaces on 'em, but on the other, the Lenders/ LO leave unfilled areas on docs and yet expect borrowers to sign them , and for us to notarize. if every thing were to be filled by the borrower it may take hours for the signing to be completed. is it ok to notarize then in such situations?
Will sincerely appreciate informative (and experienced) responses.. Thanks 
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Reply by Marian_in_CA on 4/17/13 7:19am
Msg #466024
Let me preface this by saying that new and experienced CA notaries will find a WORLD of answers and by reviewing the sample workbook that the Sec of State has published. Even their office has been directing notaries to this document in addition to the handbook.
http://www.sos.ca.gov/business/notary/forms/notary-education-sample-workbook-2013.pdf
1) Can a client who (has no option but) signs with a mark, place a mark OTHER THAN an X? Will that mark be acceptable under relevant CA notary laws?
Yes. A "mark" can be whatever mark the person is able to make. The workbook tells us this directly on page 44, "Note that the 'mark' does not need to be an 'X.'" Just be sure that you follow the specific rules for notarizing a signature by mark. See pages 14-15 of the current handbook as well as pages 44-45 of the workbook for specific instructions.
2) Can I place TWO Jurat (verbiage) stamps on one page( along with my CA notary seal), covering say two persons each on the two Jurat stamp(s)-- if total four persons have appeared before me and were identified and were sworn in and they signed.
Yes, you can do this, provided you have room on the document. This is especially true if two people appear at one time and two people appear at another time. HOWEVER... if all 4 appear at the same time and you're only doing it because your jurat stamp doesn't give you enough space to write out all four names... consider writing the jurat language by hand and simply listing all four names at once. That's what I'd probably do. That way, you only have to have the verbiage once and just one seal. BUT... that only works if all four people appear at the same time. I'd write it out to look something like this:
----------------------------
State of California
County of Los Angeles
Subscribed and sworn to (or affirmed) before me on this 17th day of April 2013 by Alex Doe, Barbara Doe, Charlie Doe and Diana Doe, proved to me on the basis of satisfactory evidence to be the persons who appeared before me.
Notary Signature and Seal
---------------------------
Writing out the verbiage by hand is absolutely acceptable - if we can "fill in the blanks" by hand, we can write the whole thing out by hand, too. Of course, if you have poor writing this probably isn't a great idea. My handwriting is pretty clean and clear, so I'm comfortable doing it. But, do NOT let anyone tell you this is wrong or illegal. There are a couple of instructors who say this and they are dead wrong. The state only regulates the wording used and format of our seals. Everything else, when it comes to our notarial certificates is completely up to us.
3) Often some Loan docs have blank spaces on them. on the one hand we the notaries are not expected to notarize docs carrying blank spaces on 'em, but on the other, the Lenders/ LO leave unfilled areas on docs and yet expect borrowers to sign them , and for us to notarize. if every thing were to be filled by the borrower it may take hours for the signing to be completed. is it ok to notarize then in such situations?
Generally, NO it's not. If the document needs to be filled out, it needs to be filled out. Do not notarize until the document is complete. Per the workbook, though, we are told that there are times when blanks or incomplete information is allowed...
Per page 26 of the workbook:
"...in determining whether the document is complete, the notary public should ignore information that is intended to be added later such as information to be placed on the document by a county clerk or recorder or for additional signers whose signatures are not being notarized by the notary public."
If you're dealing with a long form that the borrower has to fill out and sign... it does NOT fall under those exceptions. You either have to wait them out, or call your hiring party and get further guidance. Or, frankly... allow more time at your appointment. I doubt it really takes hours for some of these to be filled out. Those all should have been done long before you get there. If I see a package that has a borrower information sheet that needs to be filled out, I will call the borrowers and give them a heads up. I'll let them know there are documents that require their attention to fill out and tell them what information needs to be added. I tell them to gather information ahead of time, if possible. It usually always works so there's very little wait time. While they fill things out, I keep busy writing out all those individual line item notarizations.
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