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esnotary
California
125 Posts |
 Posted - 07/15/2013 : 9:09:09 PM
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I always attach a CA All-Purpose Ack. or Jurat no matter what state the document is from. I live in CA so I notarize according to our law. It may be a bit time consuming, but I've just made that my practice. Occasionally, when something weird comes along(like in your case) I let people know that this is my practice and if the company needs it done differently I can accommodate that and will fix the problem free of charge. I've only had that happen for something in Canada that came happened to come through my desk. I usually strike through the incorrect notarial wording and print "Please see attached CA All-Purpose Ack. or CA Jurat dated xx/zz/2013" and then attach my document. Works for me!
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SisQ
California
2 Posts |
Posted - 07/05/2013 : 12:19:48 PM
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1189(c) California Civil Code
Notarization of Out-of-State Documents
1189(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.
The not-allowed portion would be language indicative of being sworn or deposed, requiring a Jurat. The jurat wording used by a CA notary *must* be the approved jurat wording, no matter where the document is destined to go. State law says any jurat taken in the state must be in that form.
As far as I know, all states must recognize the notarization taking place in other states as valid. Just because you don't use their form, doesn't make it invalid.
You can get by Acknowledging under 1189(c), but not for language requiring a Jurat, as you are doing a notarial act in California. To do otherwise is illegal, under 8202 of the Gov't. Code and regulations by the SOS governing notaries performing notarial acts in California, complying with California law.
Perhaps a call to the loan agency will help straighten them out. |
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Tay-CA
California
2 Posts |
Posted - 06/14/2013 : 3:45:45 PM
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Can anyone help me? I was hoping to get a quick response... I see some people are viewing this conversation.
I'd reeeally appreciate your insight and experience. |
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Tay-CA
California
2 Posts |
Posted - 06/14/2013 : 11:45:44 AM
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Hello.
I am a new notary public for CA, and unfortunately for me, ALL of my customers so far have needed out of state Jurats and Acknowledgments for House Sale, Car Title, etc. Geez!
I've come to realize I have an underlying confusion on this out of state Jurat and Acknowledgment business. I have been concerned I'm doing it correctly (as in using the correct Jurat or Acknowledgment) each time.
I recently did a Car Title Jurat for out of state. It had subscribed and sworn, but it had different wording, no space for my seal, etc. So, I attached my own CA Jurat to it, and wrote on the document that Jurat was attached, signed my initials, etc.
I just heard from the person who submitted it, that it had been returned by whomever, and they need my seal and signature ON the document itself - not as an attached CA Jurat.
I know the exact wording from the CA Notary Public Handbook, as I've re-read it a few times already. This still doesn't clarify this problem I'm having. What are your expert opinions??
And, separately, I've read elsewhere on this forum that a CA notary public can use an out of state acknowledgment, as long as there is no part about representative capacity or so. Is this true?
Thanks you very much!
And, please take it easy on me. Total newbie here  |
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Out of State Jurat/Acknowledgment
