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jbelmont
California
3106 Posts |
Posted - 05/02/2010 : 7:50:58 PM
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Q. If you have a document from out of state an the acknowledgment form or certificate wording is included with / or embedded in the document, can you notarize it?
A. Sure. However, the important issue to be aware of is where the document is going to be recorded. A document recorded in a California county recorders office will most likely be rejected if it is notarized with out of state wording. However, if the notary is instructed to notarize with a particular wording, so long as it is not different in any critical way to the in-state wording, its okay to notarize it. If the attorney who prepared the documents put out-of-state wording on a document to be recorded in California and it doesn't get recorded, that is the fault of the attorney, not the notary. In such a case, it would be a nice gesture if the notary suggested using in-state wording if the document was going to be recorded in state.
The term, "Personally appeared" is one of the critical terms that must appear in an acknowledgment wording from any state. If the signer didn't personally appear before the notary, and if that is not documented in the notary text, then that is a serious legal issue.
Some type of wording regarding how the signer's identity was satisfactorily proven is also necessary to make the acknowledgment legal.
Summary. Use wording from the state where the document will be recorded for best results. Make sure in an acknowledgment that the signer is documented to have personally appeared and proven their identity with satisfactory evidence.
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