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Proof of Execution by Subscribing Witness in CA
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Proof of Execution by Subscribing Witness in CA
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Posted by CaNotary777 on 6/4/13 12:35pm
Msg #472170

Proof of Execution by Subscribing Witness in CA

Can two credible witnesses be used (in CA) instead of one ( who personally knows both, the subscribing witness, as well as me the notary)?
Personally I do NOT think two witnesses can be used. Just asking out of curiosity since the Notary Support ( I have)says that two credible witnesses ( who do not know me but know the subscribing witness can be used ( instead of one-- who knows both, the SW and me the notary) to establish the identity of teh Subscribing Witness.
Will appreciate inputs from CA notaries who have done this before------Thank you in advance guysSmile



Reply by John Tennant on 6/4/13 12:51pm
Msg #472173

The 2013 CA notary public handbook addresses this situation on pages 12 and 13. To answer your question no, when applied to Execution by Subscribing Witness.

Reply by Notarysigner on 6/4/13 1:31pm
Msg #472184

Re:be careful.some scenarios you can't use it anymore

New Law
A notary-related law took effect January 1, 2013. The following
is a brief overview of what California notaries public need to
know for the new year.
 California Civil Code section 1195 prohibits the use of a
proof of execution by a subscribing witness for a power of
attorney, grant deed, mortgage, deed of trust, quitclaim
deed, security agreement or any instrument that requires a
notary public to obtain a thumbprint in the notary public’s
official journal from the party signing the document. The
law also prohibits the use of a proof execution for any
other document affecting real property; however, proof of
execution of a trustee’s


 
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