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CAnotary818
California
5 Posts |
 Posted - 10/29/2022 : 1:19:32 PM
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quote:
Originally posted by CAnotary818
The final word - it has been dismissed. The notary did nothing wrong and the journal was still in his control. He had a knowledgeable attorney as well. The only response I was told of was it's preferred that we do not use acronyms in the journal even if it's defined at the front of the journal. So we should print out, California Driver's License and Expires instead of CaDL # Exp. My poor colleague, so stressed this whole time but is quite relieved now.
:) Karla
quote:
Originally posted by Lee-AR
Not in CA...but, WOW, what a complaint! Two things: 1) There is no way to obtain required signers' signatures/thumbprints without them touching the journal; which is not 'relinquishing control'. 2) The notary should be doing the 'info printing' based on ID presented by signers.
Also, CA does NOT allow 'personal knowledge' for ID purposes, so I think the inclusion of ID info printed by Notary 'ought' to prove the validity of the signers physical presence & valid notarization--which is NOT the case in this instance. Think your friend may have a problem.
If you don't value your time and experience, nobody else will.
Karla Jaffe
Karla Jaffe |
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CAnotary818
California
5 Posts |
Posted - 04/24/2022 : 2:53:36 PM
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Thank you for the reply! Even though he knew the couple, they had used him several times over the year, he still goes through and uses actual ID to enter into the journal. It's just their address (which can be outdated on the ID) their signature and thumbprint.
Telephone Hearing is set for June 2022. I was invited to attend. I will keep you posted. :) Thank you again.
:) Karla
quote:
Originally posted by Lee-AR
Not in CA...but, WOW, what a complaint! Two things: 1) There is no way to obtain required signers' signatures/thumbprints without them touching the journal; which is not 'relinquishing control'. 2) The notary should be doing the 'info printing' based on ID presented by signers.
Also, CA does NOT allow 'personal knowledge' for ID purposes, so I think the inclusion of ID info printed by Notary 'ought' to prove the validity of the signers physical presence & valid notarization--which is NOT the case in this instance. Think your friend may have a problem.
If you don't value your time and experience, nobody else will.
Karla Jaffe |
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Lee-AR
Arkansas
678 Posts |
Posted - 10/04/2021 : 04:56:40 AM
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Not in CA...but, WOW, what a complaint! Two things: 1) There is no way to obtain required signers' signatures/thumbprints without them touching the journal; which is not 'relinquishing control'. 2) The notary should be doing the 'info printing' based on ID presented by signers.
Also, CA does NOT allow 'personal knowledge' for ID purposes, so I think the inclusion of ID info printed by Notary 'ought' to prove the validity of the signers physical presence & valid notarization--which is NOT the case in this instance. Think your friend may have a problem.
If you don't value your time and experience, nobody else will. |
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CAnotary818
California
5 Posts |
Posted - 10/02/2021 : 1:40:59 PM
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Does this regulation 8206 (a) 1
state that if a signer touches your journal to print their name and address along with their signature and thumbprint that you the notary are relinquishing exclusive control over your journal as you witness them printing and signing and thumbprinting in the journal?
A fellow CA notary has received such a threat from the SOS to revoke his commission for doing just this. Stating that having the signers print their information in our journal before signing and thumbprinting indicates that the journal is no longer in the notary's exclusive control. How does that work? If they sign and thumbprint, is that also considered the journal no longer being under our direct control? Where does it state anywhere in Notary codes that all writing in the journal must be done by the notary only?
I have never read this in our notary codes nor has this ever been covered in any 6 or 3 hour notary class that I've attended. I would like to get some thoughts about this as it seems that the SOS is making up new rules that are not covered in our handbook or training.
Why did the SOS look at the notary's journal in the first place? Because an elderly couple went to the notary (he also happen to have personal knowledge of who they were as well) to have a document signed which the SON is now contesting (several years after the notarization) to say is NOT his parents signature as it keeps him away from items (property, money) that he is interested in now that they are deceased. My colleague did everything required to protect his client signers, identified them, etc. and now the son filed a complaint with the SOS who is not defending the Notary but the scheming son who says that it is not his parent's signatures.
Any thoughts or references to notary code that says we can not allow the signer to print their name, address, signature and thumbprint in the journal without violating notary code under failure to keep the journal in our direct control? Thanks for your time.
Karla Jaffe |
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Journal Failure - under exclusive control?
