Posted by NVLSlady/VA on 10/30/13 8:15am
Msg #490399

CA Perjury Clause (I know, too soon)

I know this has been discussed (your forbearance is appreciated); but it's really funny how one's attention (span) improves when the subject affects their own signing!!

I have had these and didn't think too much about the clause (or crossing through) - but I don't want any recording issues with CA. Now that I have more info under my belt, I'm more cautious about these.

VA notaries, do you generally attach your own loose cert or just leave the language as is? Thank you

(Mr. Hugh/Mr. Syrup, please chime in)

Reply by HisHughness on 10/30/13 8:44am
Msg #490400

Texas compliant loose cert. I never take on any more exposure than I have to.

Reply by NVLSlady/VA on 10/30/13 9:19am
Msg #490415

May not be relevant, but it's a split signing and as I review the DOT with that clause, I'm concerned. My best "guess" is to compose an official looking ack (pre-printed) that mirrors their page 14.

Reply by VT_Syrup on 10/30/13 3:48pm
Msg #490535

When I decide not to use an acknowledgement certificate provided by someone else, I always use the one printed in my state's notary handbook. I've never been questioned about why I liked the one I chose better than the one that was provided, but if I'm ever questioned in the future, I'd be more comfortable saying it's better because my SOS recommended it, rather than having to say it's better because I made it up myself.

Reply by HisHughness on 10/30/13 8:45am
Msg #490402

Texas compliant loose cert. I never take on any more exposure than I have to.

Reply by NVLSlady/VA on 10/30/13 9:11am
Msg #490409

Simple & sweet . . . thanks!

Reply by FlaNotary2 on 10/30/13 10:47am
Msg #490451

I don't want to go anywhere near California's laws- much

less certify something under their laws. California is not the king of the notary world. I will stick to Florida compliant certificates.

Reply by Calnotary on 10/30/13 11:11am
Msg #490455

California is not the king of the notary world

Yes we are. We have the NNA here.

Reply by Lee/AR on 10/30/13 11:32am
Msg #490457

court jester more like it n/m

Reply by dgd/CA on 10/30/13 2:11pm
Msg #490502

Re: I don't want to go anywhere near California's laws- much

Why would you. As long as your acknowledgement is in compliance with your state, anything notarized by you would record here. Quite frankly, I cross through and provide my California State Compliant Ack for Florida... at the end of the day, according to federal law, it's going to record.

Reply by NVLSlady/VA on 10/30/13 5:08pm
Msg #490551

Re: I don't want to go anywhere near California's laws- much

I went for the loose cert BUT added their Penalty of Perjury phrase (under VA law); so I guess I did "make it up myself"!

(would like to know which CA notary gets this tomorrow -for part 2, and hope they don't hate me for only leaving the one blank cert)

Reply by JanetK_CA on 10/31/13 2:23pm
Msg #490710

Split signings

Here's my approach when doing a split signing: If I'm the first notary and the provided certificate matches my state requirements, I use it - being careful to line out the name of the person who did not appear before me, if the signers' names are pre-filled. If the verbiage does NOT match my state's requirements and I believe there's a chance it will be usable by the 2nd notary, I leave it alone for their use and attach my own loose certificate for my borrower. I also like to write onto the signature page where my borrower signs something like "See attached certificate". (One of these months I'll get around to ordering myself a little stamp like Marian uses.)

The reason for that is so that there's no question that there's a second certificate associated with that document and it can't be separated and used for something else. I don't presume to line out a name on a certificate that is intended to be used by someone else, so that statement makes it clear that there's another one attached. I don't want to risk the 2nd notary leaving it as is, looking like they notarized both of them. That could allow the added certificate to be tossed or potentially available to be used elsewhere. My certs, though, include extra info, including the doc title, that makes that very difficult to do. I also cross my fingers and hope that the 2nd notary has a clue! (Unfortunately, from the many times I've been the 2nd notary, I don't believe the odds are great, but I still think it's crossing the line to meddle with someone else's notary certificate.)

As for what to use for a loose certificate... I believe that every notary worth their salt should always have a supply of state-appropriate loose certificates for both acknowledgments and jurats. I long ago created my own in Word, using the exact language provided by my state, but with my own layout and design, and my own "optional info" section at the bottom. (I wouldn't presume to write my own verbiage, but that would be a very state-specific thing.) That way, I can print whatever I need and never worry about running out.

Reply by NVLSlady/VA on 10/31/13 6:35pm
Msg #490762

Re: Split signings

Good advice, Janet.

I also follow what you said: <"I long ago created my own in Word, using the exact language provided by my state, but with my own layout and design, and my own "optional info" section at the bottom.">

Additionally, I use a footer*: Loose acknowledgment for non-compliant "Note dated," etc.
When I have time, I put the bor's name in the footer and print personalized version after exporting to pdf). More work - but it looks sassy!

*Ours still has the bottom section naming the doc, pages, date. My footer is just "overkill"