Posted by Eric Andrist on 9/10/13 10:10am
Msg #483937

Before me...empty

I just got a call from a SS that I forgot to put my name, notary public" in an acknowledgement. They asked for permission to write it in. I don't know if this is allowable in California, so I told her I'd have to ask, which seemed to anger her. I'm on hold with the Secretary of State's office, but thought I'd post it here since it says the hold time is very long.

Reply by Eric Andrist on 9/10/13 10:28am
Msg #483942

Okay, got through to the Secretary of State first. Interesting reply, though.

He said, "We don't really have any say over that, but since you're not really changing the signature on the acknowledgement, I would say it's okay to go ahead and add it in."

Hmmmm....

Reply by 101livescan on 9/10/13 10:34am
Msg #483945

I concur. Good advice from SOS. Understand that people who work in SOS offices, cannot be notaries. They don't notarize. Neither do the CPS's. They administer the exam, but cannot be notaries.

Reply by Eric Andrist on 9/10/13 10:40am
Msg #483946

So do we not have anyone who has an official say when we call with a question?

Reply by MW/VA on 9/10/13 1:44pm
Msg #483994

That is unfortunately why so many call the XYZ hotline to

get answers to their questions, IMO. Too bad you can't get straight answers from the SOS, and have to look elsewhere.
I don't know about CA, but I wouldn't see anything wrong in their adding that. Also, you could ask them to fax or email it to you, you add it, and fax or email it back.

Reply by Linda_H/FL on 9/10/13 10:44am
Msg #483948

My take on this and my .02 FWIW

For an ack in CA you can use just about any format as long as it doesn't require you to certify capacity or sign off on anything specifically prohibited by your CA Code.

However, no matter what format you use, your certificate has to be complete. By leaving that space blank IMO (and apparently that of SS, who got word from title) you rendered the certificate incomplete. Although this wording is not "required" by CA notary law, if it doesn't render the cert illegal in your state it should be completed.

Are you allowed to provide replacement certs in CA? I, personally, would not allow anyone to change anything in my certs. Unfortunately, down here, we could not make that change as our laws are clear - no changes to the documents or the certs once the notarization is complete and returned to the party. A new act, with current date, is required.

If you can do corrections or replacements in CA, I'd offer to correct on my own dime - but of course with the current date - no backdating.

JMHO

Reply by HisHughness on 9/10/13 11:12am
Msg #483952

Re: My take on this and my .02 FWIW

There is a great difference between an incomplete certificate and one with blanks. Consider:

"Sworn to and subscribed before me, ____________________, this ____ day of _________, 20__.

If the name is not filled in on the certificate, it nonetheless is complete as long as the date is added; we frequently see jurats in which the name of the notary is not included. The notary has signed the certificate, thus the only person to whom the "me" could refer is the signatory on the certificate. On the other hand, if the dates are not filled in, the certificate is obviously incomplete.

Just because someone has arbitrarily chosen to insert a blank in a notary certificate does not necessarily mean that the failure to fill in that blank renders the certificate invalid. There may be state laws that require <any> blank be filled, and, of course, title companies and lenders, being the anal creations that they are, will always insist on them being filled. At bottom, though, it's unnecessary.

Reply by janCA on 9/10/13 11:19am
Msg #483956

Re: My take on this and my .02 FWIW

Yes, it is CA notary law that notary public, if that is what your title is, be put into the acknowledgement behind your name. I wouldn't have a problem with them adding it.

Reply by Eric Andrist on 9/10/13 1:15pm
Msg #483979

Thanks all!

.

Reply by NVLSlady/VA on 9/10/13 3:17pm
Msg #484020

Jan, see Hughness post above yours

That part of the OP's certificate was not completed (name/notary) missing entirely

Reply by rengel/CA on 9/10/13 3:51pm
Msg #484033

"not "required" by CA notary law" IT SURE IS REQUIRED

by California law.

Please be VERY careful when trying to cite law for States other than your own. It could not only bite you in the nether regions, some unfortunate newbie could believe your incorrect answer.

My .02

Reply by Linda_H/FL on 9/10/13 5:42pm
Msg #484056

I stand corrected - sorry Rhonda..you're right.

Should have said it clearer...

Reply by JanetK_CA on 9/10/13 9:55pm
Msg #484087

Re: My take on this and my .02 FWIW

"you can use just about any format as long as it doesn't require you to certify capacity or sign off on anything specifically prohibited by your CA Code."

I'm with the others who disagree about this statement. Here is the verbiage from the CA state code you refer to:

"(c) On documents to be filed in another state or jurisdiction of the United States, a California notary public may complete any acknowledgment form as may be ****REQUIRED**** [caps & asterisks added by me for emphasis] in that other state or jurisdiction on a document, provided the form does not require the notary to determine or certify that the signer holds a particular representative capacity or to make other determinations and certifications not allowed by California law."

IMO, this is not the same as saying that ANY form of acknowledgment may be used. I'm posting about this again, since it's apparently widely ignored or interpreted differently. Can't count how many times I've seen another notary's work where they just used whatever acknowledgment was provided. You may have three different versions of acknowledgment certificates included in a package and if that state has a required format at all, it's highly likely that it would be the same for all documents in a package...