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CA Mobile Notaries & the Power of Attorney Form

By
Services for Real Estate Pros with Joan Bergstrom Mobile Notary

When a California Notary Public is presented with a Power of Attorney form to notarize it rarely has the legally  correct CA notary verbiage pre-printed on the form.

The public seems to download Power of Attorney forms from the Internet or buys them at a stationary store and the wording that was added to our Acknowledgment certificate in 2008 (and continuing forward) is not on most Power of Attorney forms I notarize.

CA added in 2008, the following verbiage for Acknowledgments: I certify under Penalty of Perjury under the laws of the State of California that the foregoing paragraph is true and correct.

I think CA notaries should be prepared to add a California All-Purpose Certificate of Acknowledgment  with our 2008 law change.

Joan Bergstrom Riverside CA Mobile Notary
http://www.joanbergstromnotarypublic.com
951-522-4919
830 Via Mesa Verde
Riverside, CA 92507

Comments (6)

Denise OnullDell
Santa Clarita Mobile Notary - Santa Clarita, CA
Mobile Notary Public/Real Estate Agent

Hi Joan, I have been adding California Acknowledgments for quite awhile now if the POA contains old notary wording.

May 07, 2010 11:15 AM
Joan Bergstrom
Joan Bergstrom Mobile Notary - Riverside, CA
Mobile Notary, Riverside CA

Hi Denise

Most of the time when a CA lawyer prepares the Power of Attorney the wording is CA compliant; but not all the time. 

How is the loan signing business going in Santa Clarita?

 

May 07, 2010 01:20 PM
Laura Vestanen
Bellingham, WA
My book "Notary Marketing 2019" is on Amazon.com

Hi, Joan

 

You are right, as always.

I handle lots of Calif real estate purchases here in WA and even the title/escrow companies in Calif are using old forms.   Grrrrrrr.

 

Plus I must add an extra sentence to make it WA compliant.

 

Few Canadians are using loans for their purchases.  I love working for our true clients: the buyers and sellers, not the financial/real estate industry.

 

Hope your loan and non-loan businesses are doing well.  -LauraV

Jun 04, 2010 05:14 AM
Denise OnullDell
Santa Clarita Mobile Notary - Santa Clarita, CA
Mobile Notary Public/Real Estate Agent

Hi Joan,

The loan signing business is slowing down a little in my area.  So far, June has been a little quiet - Just a couple here and there.  April and May were very busy months for purchase loans. 

Hopefully, things will pick up again since they extended the tax credit to homebuyers.  That should increase more "purchase" loan signings.  Let's hope :-)

Regards,

Denise O'Dell

Jun 19, 2010 02:46 PM
A Mobile Notary (562) 916-3237
Downey, CA

Hopefully by now, most forms have been correct...do you have a correct "power of attorney" that you could email me...I would greatly appreciated it...

Jul 26, 2011 07:55 PM
Inna Ivchenko
Barcode Properties - Encino, CA
Realtor® • GRI • HAFA • PSC Calabasas CA

Effective January 1, 2015, every certificate of acknowledgment, jurat, and proof of execution by a subscribing witness must include the following disclaimer. The disclaimer must be legible in an enclosed box at the top of the certificate above the venue statement.

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.
 
All certificates of acknowledgment, jurats, and proofs of execution completed by a notary public must be worded exactly the same as required by California Civil Code section 1189 (certificate of acknowledgment), California Government Code section 8202 (jurat), and California Civil Code section 1195 (proof of execution by a subscribing witness certificate).
It is not acceptable to affix a notary public seal and signature to a document without the correct notarial wording.
Jun 18, 2015 02:05 AM