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Re: Trouble in paradise, notary notarizes a vehicle transfer
Posted by VT_Syrup of VT on 2/11/21 8:18am Msg #629399
Unlike California notaries, I'm allowed to decline to notarize for any reason, or no reason (unless it's for a prohibited reason such as racial discrimination). So if I wasn't convinced the signer understood the significance of the signing, I would decline to notarize. But I wasn't there, and don't know how the signer appeared at the time of the signing.

If a vehicle was under the control of a trust, I would expect the trust to be the registered owner. I would expect the signer to be signing as a trustee. I would require the trustee to state to me that he or she was signing in the capacity of a trustee, and reflect the capacity in my certificate. (This is different from CA, where their All Purpose Acknowledgement indicates that the signer is signing either as an individual, or whatever capacity the signer is claiming, so you would have to look to the instrument to discover what that capacity is.)

If the document indicated the car was owned by a trust, and the signer couldn't or wouldn't make a coherent statement about signing as a trustee, I would not notarize.
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Messages in this Thread
 Trouble in paradise, notary notarizes a vehicle transfer -  Cheryl Elliott on 2/11/21 7:26am
 Subsection 8225. n/m -  Cheryl Elliott on 2/11/21 7:33am
 Re: Subsection 8225. - Matt Miller on 2/11/21 9:06am
 Re: Subsection 8225. (please see Msg #629425) n/m - NVLSlady/VA on 2/11/21 6:09pm
 Re: Trouble in paradise, notary notarizes a vehicle transfer - Luckydog on 2/11/21 7:50am
 Re: Trouble in paradise, notary notarizes a vehicle transfer - VT_Syrup on 2/11/21 8:18am
 Re: Trouble in paradise, notary notarizes a vehicle transfer - Matt Miller on 2/11/21 8:44am
 Re: Trouble in paradise, notary notarizes a vehicle transfer - VT_Syrup on 2/11/21 8:55am
 Re: Trouble in paradise, notary notarizes a vehicle transfer - Matt Miller on 2/11/21 9:01am
 Re: Trouble in paradise, notary notarizes a vehicle transfer - VT_Syrup on 2/11/21 10:07am
 Re: Trouble in paradise, notary notarizes a vehicle transfer -  JanetK_CA on 2/11/21 4:02pm
 Intended to . . . - NVLSlady/VA on 2/11/21 4:20pm
 Since we're already in the weeds... :>) -  JanetK_CA on 2/11/21 5:27pm
 The CAC rule (our new Lifeline!) - NVLSlady/VA on 2/11/21 6:15pm
 Re: Since we -- Agree w/Janet n/m -  Yoli/CA on 2/11/21 7:03pm
 Bingo - and agree 100% - Linda_H/FL on 2/11/21 10:47am
 Re: Trouble in paradise, notary notarizes a vehicle transfer -  Cheryl Elliott on 2/11/21 8:53am
 Re: Trouble in paradise, notary notarizes a vehicle transfer - Matt Miller on 2/11/21 9:03am
 Re: Doesn’t explain why this particular guy talking to you - Carolyn Bodley on 2/11/21 11:23am
 I've done notary work in 11th hour situations. While it's -  MW/VA on 2/11/21 10:25am
 Re: I - SC/CA on 2/11/21 1:27pm
 WTG! Good job! n/m - Bear900/CA on 2/11/21 2:16pm
 Re: I - NVLSlady/VA on 2/11/21 4:53pm
 Case of Coercion & Undue Influence - Bear900/CA on 2/11/21 5:18pm
 Re: Case of Coercion & Undue Influence -  JanetK_CA on 2/11/21 5:31pm
 Re: Case of Coercion & Undue Influence - NVLSlady/VA on 2/11/21 6:20pm
 Re: Elder abuse which can be a felony n/m - Carolyn Bodley on 2/11/21 9:33pm
 Re: Banks often won’t accept POA’s, other than their own n/m - Carolyn Bodley on 2/11/21 4:12pm
 Objective thought here: Erring on the side of Caution - NVLSlady/VA on 2/11/21 4:13pm
 Always interesting to read others' comments/slants on things -  Cheryl Elliott on 2/11/21 9:36pm



 
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