Liberal4 and Cyoung one of the questions I asked in the last question could be confusing due to typing errors.

Question

One of the questions in paragraph two of my prior question should have read in relation to the acknowledgement of real property documents the following:

Why are so many notaries in California not properly or completely executing with clarity their acknowledgements on real property documents?

(which is evidence of the the validity of the signatures of the individuals who have executed the document in their presence and proof of how the notary was able to verify their true identity)

The county recorder should be rejecting real property documents that are not acknowledged by the notary properly or completely in compliance with the California laws that are required for their commission in this state. The county recorder should know those laws as the notary acknowledgement is a requirement for the real property document to be put on record. Why have laws binding the notary to there execution when no one enforces them locally or where the notary conducts their business?

Also, if the notary acknowledgement is not filled out in compliance of the acknowledgement execution laws then how can the signature on that recorded document be valid, especially if the acknowledgement is not in compliance with the state laws? If the notary does not indicate on their acknowledgements that have been done prior to 2008 how they come to the proof of indentification of the signer and what gender they were then how does the title company or the county recorder know that the signature upon the document was infact the sellers?

If the acknowledgement is a requirement for recordation of real property documents in the state of California then the the laws surrounding the notaries execution of the acknowledgements in California would have to be met completely for the document to be recordable and or legally binding correct?

Answer 1

Yeah and as soon as you find out who's not doing their job, sue them.

Answer 2

Sounds like your beef is with the Secretary of State in California. they are the ones who issue notaries. As fro me I ask for Drivers license State ID or Passport. Some sort of Government issued ID with a picture. I photo copy the ID and they sign my notary book. No ID , No Notary. I don't care who you are, or who you know, or who you work for I don't know you I don't notarize. I have been deposed to many times in the last year and a half to go to jail for anybody. Most of this stuff goes back +5 years. The lawyers talk all tough trying to blame somebody cause the bank did a bad loan and the mtg broker and borrower commit loan fraud. I whip out my notary book with a photo ID and tell them that's who I signed. That usually shuts everybody up, cause they don't have a picture of anyone.