| |
 Dear Signing Agents,
You need to REGISTER and have a password to post or reply to discussion topics. Please remember, your password for your listing on 123notary.com is NOT RELATED to and is different from your password on the forum. Your password on the forum can be whatever you want it to be.
|
|
  Be the first person to vote!
| Author |
 Topic  |
|
|
LindaH
Florida
1754 Posts |
 Posted - 06/19/2011 : 2:39:38 PM
|
As to your Question #2:
I'd also like to point out that page 12 of your manual specifically states:
"Any jurat taken within this state shall be in the following form" - and goes on to give a sample jurat. There doesn't appear to be any wiggle-room for this - any jurat taken within Californis SHALL BE in this form....period.
As to 1 and 3, the questions are worded so as to ask for someone's opinion on their typical procedure - not being a CA notary I'll not comment except to agree with Lee that you can use an out-of-state ack as long as it's not requiring you to certify capacity.
http://www.sos.ca.gov/business/notary/forms/notary-handbook-2011.pdf
Linda
www.notarydepot.com/notary/lindah
http://www.notary.net/websites/LindaHubbell |
|
|
|
Lee-AR
Arkansas
678 Posts |
Posted - 06/19/2011 : 1:12:08 PM
|
A jurat is a jurat regardless of what state you're in. Subcribed and sworn... etc.
California’s own Law on the subject of out-of-state notarization.
See (2) (c).
Civil Code § 1189.
(a) (1) Any certificate of acknowledgment taken within this state shall be in the following form:
State of California
County of __________
On ______________________________________________ before me,
(here insert name and title of the officer) ,
personally appeared __________________________________ _ , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature ____________________________________________ (Seal)
(2) A notary public who willfully states as true any material fact that he or she knows to be false shall be subject to a civil penalty not exceeding ten thousand dollars ($10,000). An action to impose a civil penalty under this subdivision may be brought by the Secretary of State in an administrative proceeding or any public prosecutor in superior court, and shall be enforced as a civil judgment. A public prosecutor shall inform the secretary of any civil penalty imposed under this section.
(b) Any certificate of acknowledgment taken in another place shall be sufficient in this state if it is taken in accordance with the laws of the place where the acknowledgment is made.
(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 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. [/b] [/i]
(d) An acknowledgment provided prior to January 1, 1993, and conforming to applicable provisions of former Sections 1189, 1190, 1190a, 1190.1, 1191, and 1192, as repealed by Chapter 335 of the Statutes of 1990, shall have the same force and effect as if those sections had not been repealed.
|
Edited by - Lee-AR on 06/19/2011 1:20:39 PM |
|
|
|
Lita
California
29 Posts |
Posted - 06/19/2011 : 12:20:34 PM
|
I rarely get signings for property out of state (I'm in CA), but when I have I always use a CA acknowledgment and never had it rejected, but in the back of my mind I wonder if most notaries do this (use their own states ack) or if they use the one provided for the state the property is in. I have a signing tomorrow morning where the property is located in TX, so since I have some time and I wanted to get some input.
The handbook doesn't say it is okay to do this with a Jurat so I am assuming only the other state's acknowledgment can be used when notarizing a doc in CA and we cannot use another state’s Jurat when the notarization calls for that type of notarization.
If the out of state acknowledgment is most commonly used, because I feel more comfortable using my own states acknowledgement, my initial thoughts are to use my CA acknowledgment on all but recordable documents, but I really don't have a clue to what is the norm or acceptable practice among notaries/industry on this topic. What do you do?
1. If you are in CA and have a signing where the property is in another state, do you always use the out of state acknowledgment for the notarization?
2. Do we (CA Notaries) always have to use a CA Jurat regardless of where the property is?
3. If you use the out of state acknowledgment do you use it only for recordable documents or for all documents calling for an acknowledgment type of notarization?
Lita - Chino Hills, CA |
|
| |
Topic |
|
|
|
| Mobile Notary / Signing Agent Discussion Forum |
© 123notary.com |
|
|
|
Tips for using the forum
The most important feature on the forum is the search box. You can look up a particular word, phrase, name of a company, and see a potentially large list of search results with which you can obtain data. Filters are also valuable. If you want to find popular posts, you can use the number of views filter. You can also see whats new with the active topics link. Email us at info@123notary.com if you need any help using the notary forum.
Resources
The notary public resource page is valuable as it has links to all of the free information pages for notaries. Pages linked to the resource page include a page that teaches you everything you need to know to get the most out of your listing. Another page teaches you all the secrets of getting paid. There is a link to our free list of signing companies. There is also a glossary, learning tools, and much more.
If you are a notary, the free tips we give are invaluable.
Popular pages
If you visit 123notary.com often, you might want to visit some of our most popular pages such as the California notary, Texas notary, Florida notary, and New York notary pages to browse the site. We also have valuable pages for notaries such as the free list of signing companies, and the resource page. Please also visit our get notarized and notarized letter page.
|
| |
Notarization for out of State Property
