The Notary Acknowledgement block reads: “Before me appeared John M. Smith & Jane L. Smith, Trustees of the John M. Smith & Jane L. Smith Family Trust dated Jan 1, 2001, personally known to me (or Proven….ect., ect.)”
The lender is JP Morgan Chase Bank out of Ohio. I have already told them & SS that in California a notary cannot notarize the document as long as the phrase referring to the Trustees appears that that would be certifying a capacity which a California notary cannot do. I have said I can notarize that document if the signers’ capacity is crossed out. Lender insists that that phrase be retained within the notary certificate & have already found a notary who will notarize all four of the acknowledgements with the capacity wording intact within the certificate.
My question is --- will something like this get past the county recorders office? Or does it matter? I know California law is particular on this subject, but the Lender seems to think I have my head in the sand, that this sort of thing is done all the time. (Well it is a first for me, the Lenders insistence, that is. Most just say, yes. go ahead & cross it out.) Any respectful & polite opinions or comments would be most appreciated. Thanks to all.
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