Posted by EileenHI on 2/22/13 12:06am
Msg #457056

CA Grant Deed

In Hawaii doing a seller signing for a property in CA. Have a grant deed with the notarial language printed on it. It has State of Hawii, County of _________, then the last sentence of penalty of perjury under laws of the state of california. The question is, do I cross out the whole thing and use my own acknowledgement, or can I just cross out and initial the penalty of perjury part?

Reply by JanetK_CA on 2/22/13 12:13am
Msg #457057

Since you're signing there, California notary requirements will be irrelevant, so I'd go by whatever your state laws allow/require. If the first part is acceptable there, you might want to just cross out the penalty of perjury part. That way, you can prevent the addition of a page, since I believe the number of pages affects recording fees. However, you're always safe using one of your own certificates.

Reply by VT_Syrup on 2/22/13 5:01am
Msg #457060

A signing service owner told me that a number of CA deeds that had been notarized out-of-state had been rejected by the recorders when the penalty-of-perjury clause had been struck out and initialed, but there had been no problems when the out-of-state notaries struck out the entire CA certificate and attached a loose certificate suitable for their state.

I've only done a handful of CA deeds; I attached a loose certificate if it had a CA-style pre-printed certificate, and had no complaints.

Reply by Notarysigner on 2/22/13 9:05am
Msg #457093

Re: CA Grant Deed U.S. Constitution Article IV section 1.

Article. IV.

Section. 1.

Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.