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 Legal Issues
 Wrong out of state wording: personal knowledge?
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esnotary

California
125 Posts

Posted - 03/20/2013 :  2:21:23 PM  Show Profile  Visit esnotary's Homepage  Reply with Quote
In just about every loan package I do the notarial wording is incorrect for California where I reside, which has specific wording requirements. I always draw a line through the notary section and write in "Please see attached CA Jurat/CA All-Purpose Ack (whichever is appropriate) dated (insert the date of the notarization) and then attach a loose certificate. I've never had one come back.

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edelske

New York
815 Posts

Posted - 03/16/2013 :  6:19:05 PM  Show Profile  Visit edelske's Homepage  Reply with Quote
I put on a loose ACK and call it a day.

Kenneth A Edelstein
Mobile Notary, Apostille / Legalization Processing & Fingerprinting
http://www.kenneth-a-edelstein.com
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jbelmont

California
3106 Posts

Posted - 02/06/2013 :  10:55:46 PM  Show Profile  Visit jbelmont's Homepage  Reply with Quote
A notary in Hawaii had a request to notarize something for a document custodian that was out of state -- let's say in Georgia. The signer was of course in Hawaii. But, the out of state wording indicated that the signer was personally known to the notary. The notary didn't like this, so she crossed out the wording "personally known", and wrote "proved to me on the basis of satisfactory evidence", and continued the notarization.

I feel that the notary acted accordingly, BUT, notarizing the document a second time and attaching in-state wording that claimed that the signer was identified through satisfactory evidence might be cleaner than crossing something out.

Unfortunately, some people don't want to accept wording that is not from their state, while others don't accept cross outs. Both of my solutions are legal, and both will disappoint the document custodian.

The only 100% clean and happy way to resolve the issue is to re-draw the documents with good wording from the desired state that doesn't make fraudulent claims about the notary knowing the signer.

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