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"Trustee" missing in Acknowledgment in CA
Posted by  Yoli/CA of CA on 4/13/21 9:17am Msg #631187
Had an email yesterday from a TC I work with often. According to TC, Placer County recorder (I'm in Placer County) rejected a Grant Deed signed 12/24/2020 because the word "Trustee" was not included in Acknowledgment. It was signed with that capacity. However, my certificate only showed the signer's name and not the designation. TC was asking me to get this corrected.

My response to them was:

"A California notary public is not allowed to certify capacity (i.e. trustee). Please refer to California Notary Handbook page 13 (Acknowledgment):

“A notary public may complete a certificate of acknowledgment required in another state or jurisdiction of the United States on documents to be fled in that other state or jurisdiction, provided the form does not require the notary public to determine or certify that the signer holds a particular representative capacity or to make other determinations and certifications not allowed by California law.”

http://notary.cdn.sos.ca.gov/forms/notary-handbook-2021.pdf

Perhaps Placer County Recorder’s Office may wish to contact the Secretary of State for confirmation of the above? If I am incorrect in this matter, I will gladly correct my error. Please keep me advised."

TC response: "I have reached out to out closing team to see how we should proceed."

I've always omitted "trustee" from my certs. Never been an issue ... 'til now. Should I just let TC handle this or would you contact county recorder's office and try to set them straight? What would you do?


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Messages in this Thread
 "Trustee" missing in Acknowledgment in CA -  Yoli/CA on 4/13/21 9:17am
 My personal opinion - Linda_H/FL on 4/13/21 9:25am
 Re: My personal opinion -  Cheryl Elliott on 4/13/21 9:36am
 Re: "Trustee" missing in Acknowledgment in CA - Luckydog on 4/13/21 9:56am
 Re: "Trustee" missing in Acknowledgment in CA - VT_Syrup on 4/13/21 10:57am
 Re: "Trustee" missing in Acknowledgment in CA - NVLSlady/VA on 4/13/21 12:59pm
 Florida has a specific form when acknowledging the signature -  Teresa/FL on 4/13/21 12:42pm
 Re: Florida has a specific form when acknowledging the signature -  Yoli/CA on 4/13/21 12:49pm
 Re: Florida has a specific form when acknowledging the signature -  Teresa/FL on 4/13/21 1:17pm
 Re: Florida has a specific form when acknowledging the signature -  Yoli/CA on 4/13/21 2:14pm
 Re: Florida has a specific form when acknowledging the signature -  Teresa/FL on 4/13/21 4:06pm
 I didn't mean to hi-jack your thread Yoli n/m -  Teresa/FL on 4/13/21 4:10pm
 Re: Florida has a specific form when acknowledging the signature - Luckydog on 4/13/21 12:54pm
 Re: Florida has a specific form when acknowledging the signature - NVLSlady/VA on 4/13/21 1:13pm
 Re: Florida has a specific form when acknowledging the signature - Linda_H/FL on 4/13/21 10:13pm
 Exactly n/m -  Teresa/FL on 4/14/21 10:52am
 Re: Florida has a specific form when acknowledging the signature - Luckydog on 4/14/21 11:11am
 Re: Florida has a specific form when acknowledging the signature - VT_Syrup on 4/14/21 11:17am
 Re: Florida has a specific form when acknowledging the signature - Luckydog on 4/14/21 11:34am
 PS - Luckydog on 4/14/21 11:36am
 Re: Florida has a specific form when acknowledging the signature - Linda_H/FL on 4/14/21 11:48am
 Re: Florida has a specific form when acknowledging the signature - Luckydog on 4/14/21 6:28pm
 "Attaching - Linda_H/FL on 4/14/21 6:53pm
 Re: "Attaching -  Teresa/FL on 4/14/21 6:57pm
 Re: "Attaching - Luckydog on 4/15/21 12:02pm
 Wow...yes I'm aware..and I'm sure you're aware - Linda_H/FL on 4/15/21 2:24pm
 "Attaching - Linda_H/FL on 4/14/21 6:55pm
 Re: "Attaching...apologies - not sure what happened w/ post n/m - Linda_H/FL on 4/14/21 6:56pm
 Re: Florida has a specific form when acknowledging the signature -  JanetK_CA on 4/14/21 2:25pm
 I agree with you Janet -  Teresa/FL on 4/14/21 6:54pm
 Statutory short forms - NVLSlady/VA on 4/15/21 2:50pm
 FL is satisfied as long as all the required information is -  Teresa/FL on 4/15/21 4:07pm
 Allowed in VA? Yes (Msg #631205). n/m - NVLSlady/VA on 4/16/21 1:45pm



 
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