Posted by Calnotary on 6/4/13 8:39pm
Msg #472272

Signing with a POA

Today I did a POA with the wife signing for the her husband. Every thing went fine and at the end she gave me the original POA to send out to the lender with the loan docs. She said she faxed one copy but lender wanted the original.

This POA was notarized in a military base here in CA and the notary used a old, very old CA verbiage with "personally known to me" and without the Penalty of perjury part.

I told the LO if they have seen a copy of the document and he told me that tiltle, escrow and the lender have seen a copy and that nobody said any thing about been wrong.

Are notaries notarizing in a military base are exempt from following CA notary law?

Reply by VT_Syrup on 6/4/13 8:44pm
Msg #472273

Did the wording of the certificate seem to indicate the officer was acting as a California notary, or as some variety of federal officer? Figuring out whether federal land is considered part of, and subject to the jurisdiction of, the surrounding state is a tough problem. It varies from one piece of land to another.

Reply by GOLDGIRL/CA on 6/4/13 8:45pm
Msg #472274

Was it an old ack when that verbiage was acceptable? It was only a few years ago when the "personally known" was dropped.


I can't imagine that any notary is "exempt" from following CA notary law. But many think they are. Because they don't pay attention or don't care. It's up to the recorder to catch this stuff ... but even they don't care must as far as I can tell.

I see outdated verbiage all the time, esp. jurats. And I see notaries who have just ignored it. There's no enforcement so anything goes ....

Reply by Bear900/CA on 6/4/13 8:54pm
Msg #472275

Fed trumps state

Msg #453796

While there can be concurrent jurisdiction "the Federal government has the superior right under the supremacy clause of the Constitution to carry out Federal functions unimpeded by State interference."

Though where else would they get the form but from the state? There's some moldy stuff hanging around those old barracks...

Reply by Marian_in_CA on 6/5/13 12:47am
Msg #472298

ON a side note... I'm not sure why ANYONE with an original CA POA sends it to anyone.

CA probate law states that a properly certified copy of an original POA is just as effective as the original. (California Probate Code Section 4307) CA notaries are allowed to certify these copies.

I would never, EVER, EVER send an original POA document to anyone... no way. No how.

Reply by MW/VA on 6/5/13 9:36am
Msg #472311

I don't know about CA, but the original POA is often

required to be sent with the DOT for recording. I did one the other day, and the original POA will be returned to them after recording.

Reply by Calnotary on 6/5/13 11:50am
Msg #472326

Re: I don't know about CA, but the original POA is often

Do you think this one will be rejected because of the notary using an old notary certificate?

Reply by Marian_in_CA on 6/5/13 1:09pm
Msg #472342

Re: I don't know about CA, but the original POA is often

I think it depends on when the notarization took place. If the POA was notarized before all of the wording restrictions were implemented, then there is no reason to reject it. If done after, there's the potential if anyone says anything. It could make the notarization invalid. That doesn't meant the POA isn't valid, though. There's a difference.

Reply by Calnotary on 6/5/13 1:28pm
Msg #472346

Marian

This POA notarization took place last month, about a week ago.