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ANSWERS TO THE MOST COMMON QUESTIONS

Contact me at 626 793-2685 or by E-mail

New law that requires this to be on every notarized document that is a dislcaimer and explains what a notary does.
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document
Q: As a notary what type of documents can I bring you to sign?
A: Anything you want us to witness you signing we do not witness the document, we witness you signing the document and verify your identity. We can not certify copies of anything except power of attorney, Certified copies of birth, fetal death, death, and marriage records may be made only by the State Registrar, by duly appointed and acting local registrars during their term of office, and by county recorders. (Health & Safety Code section 103545)
The most common type of documents submitted for authentication are as follows: Trust documents,power of attorny, references and job certification, patent applications, school records, corporate documents, papers for adoption purposes, certificates of non-marital status,grant deeds, etc.
The most common types of documents are
executable documents [acknowledgment] and affidavits [jurat]. We do not witness the document, we witness you signing the document and verify your identity.
Check the State web site for more of this.
Q: Does it matter that the document that I want to get notarized is different from an attorney style document or is hand written?
A: No, remember we do not witness the document, we witness you signing the document and verify your identity and that you swear or affirm that the statements in the document are true. The document can be anything you want or need to have your signature witnessed on such as a lease, a business agreement, a bill of sale, even a letter that says you were sick, we are acknowledging that you signed the document in front of us and it was not signed by someone else.
Q: Ok so I was asked to provide a notaized copy of my birth certificate, not a certified copy, what can I do now how do I get it notarized?
A: You can provide them with a signed AFFADAVIT which looks like this and has the notary wording added or a jurat attached. COPY CERTIFICATION BY DOCUMENT CUSTODIAN I, John Doe, do solemnly swear (or affirm) under Penalty of perjury that the attached copy of my birth certificate is a true, correct and accurate copy of the original document in my possession or control.
Q:Do I provide the paper work or can you the notary bring it all for me?
A: The only paper work we provide is the attachments with the legal wording that the state requires regarding the notary witnessing your signature, either an acknowledgment or a jurat, you have to provide any document you want us to witness you putting your signature on. This is from the California handbook.
Acts Constituting the Practice of Law
California notaries public are prohibited from performing any duties that may be construed as the practice of law. Among the acts which constitute the practice of law are the preparation, drafting, or selection or determination of the kind of any legal document, or giving advice in relation to any legal documents or matters.
Q: what type of ID do I need to have?
A. Identity of the signer can be established by the notary public's reasonable reliance on the presentation of any one of the following documents, if the identification document is current or has been issued within five years (Civil Code section 1185(b)(3) & (4)):
1. An identification card or driver's license issued by the California Department of Motor Vehicles
2. A United States passport
3. Other California-approved identification card, consisting of any one of the following, provided that it also contains a photograph, description of the person, signature of the person, and an identifying number:
(a) A passport issued by a foreign government, provided that it has been stamped by the U.S. Immigration and Naturalization Service or the U.S. Citizenship and Immigration Services
(b) A driver's license issued by another state or by a Canadian or Mexican public agency authorized to issue driver's licenses
(c) An identification card issued by another state
(d) A United States military identification card with the required photograph, description of the person, signature of the person, and an identifying number. (Some military identification cards do not contain all the required information.)
(e) An inmate identification card issued by the California Department of Corrections and Rehabilitation, if the inmate is in custody
(f) An employee identification card issued by an agency or office of the State of California, or an agency or office of a city, county, or city and county in California.
Q: I need my grandmothers signature notarized but she does not have a current ID what do I do? A: You would need to have two credible witnesses appear before the notary that would establish her identity.
Government Code section (8202)
Oaths of Two Credible Witnesses – The identity of the signer can be established by the oaths of two credible witnesses whom the notary public does not personally know. (Civil Code section 1185(b)(2)) The notary public first must establish the identities of the two credible witnesses by the presentation of paper identification documents as listed above. Under oath, the credible witnesses must swear or affirm under penalty of perjury to each of the things sworn to or affirmed by a single credible witness, as set forth above.
Q: How is a Loan Signing Agent different from a Notary?
A: We have two different jobs when we act as a Loan signing agent. We are a notary first in the fact that we have to correctly fill in and sign all areas that need our stamp and signature, such as the deed of trust, note, identity certificate, and so on.
We are a signing agent,(closer), second and not only do we have to make sure all initials and all the signatures of the affiant(s) are correct but that they are on every document sheet that requires it.
Second we must also make sure all is correct with their information such as the spelling of their name, DL number, correct social, (if need be), the correct date for their closing and more. We do not have to read the entire document package, only specific areas regarding name, contact information and other areas that deal with identity.
Q: What is an Apostille or Authentication Certification?
A:An Apostille is a certificate issued by the state that proves the authenticity of a public official signature and seal for member countries in the Hague convention.
The California Secretary of State provides authentication of public official signatures on documents to be used outside the United States of America. The country of destination determines whether the authentication is an Apostille or Certification. Please go to the Apostille page for more answers, it has everything you need to know about an Apostille and Certification.
For more information go to the State web site on Notary Publics

 

8211.  Fees charged by a notary public for the following services
shall not exceed the fees prescribed by this section.
   (a) For taking an acknowledgment or proof of a deed, or other
instrument, to include the seal and the writing of the certificate,
the sum of ten dollars ($10) for each signature taken.
   (b) For administering an oath or affirmation to one person and
executing the jurat, including the seal, the sum of ten dollars
($10).
   (c) For all services rendered in connection with the taking of any
deposition, the sum of twenty dollars ($20), and in addition
thereto, the sum of five dollars ($5) for administering the oath to
the witness and the sum of five dollars ($5) for the certificate to
the deposition.
   (d) For every protest for the nonpayment of a promissory note or
for the nonpayment or nonacceptance of a bill of exchange, draft, or
check, the sum of ten dollars ($10).
   (e) For serving every notice of nonpayment of a promissory note or
of nonpayment or nonacceptance of a bill of exchange, order, draft,
or check, the sum of five dollars ($5).
   (f) For recording every protest, the sum of five dollars ($5).
   (g) No fee may be charged to notarize signatures on absentee
ballot identification envelopes or other voting materials.
   (h) For certifying a copy of a power of attorney under Section
4307 of the Probate Code the sum of ten dollars ($10).
   (i) In accordance with Section 6107, no fee may be charged to a
United States military veteran for notarization of an application or
a claim for a pension, allotment, allowance, compensation, insurance,
or any other veteran's benefit.

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