Reply by Marian_in_CA on 8/13/13 1:06pm
Msg #480315
My suggestion?
It's been covered here... a LOT.
My suggestion? Follow CA law, not a preprinted journal format. Per pages 24-25 of the Education Workbook put out by the Sec of State:
"The character of every instrument sworn, affirmed, acknowledged, or proved before the notary public. The “character of every instrument” means the kind or type of document on which the signature is being notarized. Most notarial acts relate to another person signing or certifying a document. A description of the document containing the notarial act must be recorded in the journal in addition to the type of act performed. For example, most signatures on grant deeds are acknowledged. The journal entry for a grant deed will describe the character of the instrument as a “grant deed” and type of notarial act performed as an “acknowledgment.” If more than one document contains notarized signatures, the notary public must record the title or character of each document.
A separate line must be used for each document. For example, if a notary public completes an acknowledgment certificate on a deed of trust and an acknowledgment certificate on a promissory note, the notary public must record on separate lines in the journal that a “deed of trust” and “promissory note” were the character of the instruments with notarized signatures, completing each line of the journal, in full. The notary public cannot simply state that “loan docs” or “closing documents” were acknowledged. (California Government Code section 8206(a)(2)(B).)"
And from Page 28:
"The California Secretary of State does not endorse or recommend any particular commercially printed notarial journal. Any journal that includes space for recording all the required details is acceptable. Many commercially printed notarial journals have space for recording other information not required by California law, such as the date of the document, the address of the signer and transaction notes."
Source: http://www.sos.ca.gov/business/notary/forms/notary-education-sample-workbook-2013.pdf
The problem is that just because a journal is designed to do something, doesn't make it compliant with state law.
That said, I still think the MoJo is the best journal on the market. I just wish they'd design one that is specific to and compliant with CA state law so we don't waste space.
|
Reply by JanetK_CA on 8/13/13 4:06pm
Msg #480353
Re: My suggestion?
I agree that the MoJo is the best out there - and I agree that this subject has been discussed A LOT. So in the interest of brevity, I'm just going to reiterate that what was quoted above was from a workbook prepared by the SOS office.
There is nothing in the state legal code that in any way addresses how many lines are to be used to record the required information. The legal code simply states what information must be collected - not how that is supposed to be done. When referring to "the law", that means the actual legal code itself. Everything else is an interpretation of the code, even if it comes from the office of the SOS.
|
