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Thread Topic: Validity in California of mark of notary from another state Topic Originator: patrick hicks Post Date May 14, 2010 @ 12:43 PM |
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patrick hicks 1 Posts (, AL)
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Hello, I have a question and there seems to be some real experts here so I'll toss it out there.
I am wondering about the validity in the state of California of the acts of a notary from another state.
For example: North Carolina notary currently in California and notarizes a document to be filed in California. Assuming that the proper wording and form are used for California (with NC authority: "On records to be filed, registered, recorded, or delivered in another state or
jurisdiction of the United States, a North Carolina notary may complete any notarial certificate
that may be required in that other state or jurisdiction."), would the notarized document be valid in California?
I see in the Cal. State laws/codes sections about a California notary acting for a document heading out of state, but nothing about the validity of a document notarized by a non-Cal notary (which makes sense, given that the laws are regarding the powers/duties of a Cal notary).
Thanks!
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Marian Harmon 271 Posts (Lancaster, CA)
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So, are you asking if a notary, who is commissioned in another state, can notarize a document while physically present in California? Absolutely not. The only notaries who have permission to notarize in California are those who hold commissions from the California Secretary of State. IN other words, it's fine to be a notary in another state... but that doesn't authorize them to notarize anything in California.
Every notary's certificate has a venue heading like this:
State of California
County of _________________
The venue is just that -- the location where the notarization took place. If it says, 'California' on it, then the notary's seal will be from California, too.
In fact, according to state law, somebody perofrming a notarization in California without the peroper commission could get in to some nasty trouble. In fact, if the notarization involves a deed on a residential home, they are looking at a FELONY:
Per California Gov't Code:
§ 8227.1. Unlawful acts by one not a notary public; misdemeanor
It shall be a misdemeanor for any person who is not a duly commissioned, qualified, and
acting notary public for the State of California to do any of the following:
(a) Represent or hold himself or herself out to the public or to any person as being entitled
to act as a notary public.
(b) Assume, use or advertise the title of notary public in such a manner as to convey the
impression that the person is a notary public.
(c) Purport to act as a notary public.
§ 8227.3. Unlawful acts by one not a notary public; deeds of trust on single-family residences; felony
Any person who is not a duly commissioned, qualified, and acting notary public who does
any of the acts prohibited by Section 8227.1 in relation to any document or instrument affecting
title to, placing an encumbrance on, or placing an interest secured by a mortgage or deed of
trust on, real property consisting of a single-family residence containing not more than four
dwelling units, is guilty of a felony.
Now, this has nothing to do with where documents eventually end up. Documents notarized in one state are often recorded in another. No big deal.
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Marian Harmon 271 Posts (Lancaster, CA)
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Let me also add to that:
If the document was notarized *IN* North Carolina and then sent to California, that's just fine.
But a North Carolina notary has ZERO authority in California.
So if the NC notary is in Los Angeles, for example and was asked to notarize something? Nope... against the law. That individual is not a notary in California.
Likewise, a California Notary has no authority to notarize anything outside of California. Now, there are some exceptions and some states that allow notaries to have commission in multiple states, but California isn't one of them. California notaries MUST be California residents.
There are quite a few California notaries that are also Notaries in Oregon, for example, because Oregon allows their notaries to reside in a neighboring state if they work in Oregon. However, that doesn't mean that an Oregon notary can notarize anything in California, or that a California notary can notarize in Oregon. If someone holds two commissions, the one they use depends upon where they are located when the notarization takes place.
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Sylvia Mease 3 Posts (Palm Bay, FL)
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"On records to be filed, registered, recorded, or delivered in another state or jurisdiction of the United States, a North Carolina notary may complete any notarial certificate that may be required in that other state or jurisdiction"
All that really means is that a NC notary can complete a notarization for filing in other states, does not mean that a NC notary can act in other states.
I am in Florida, if someone came to me with a document that they needed their signature notarized, and the document was going to be filed in another state, I can do it. But I could not be in the other state to notarize. (Hope this is clear)
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