Should I know California notary law?

Question: 

I did a closing in Colorado for a signing service located in California.  The borrowers signed the loan documents in Colorado, but the property is in California.  The notary wording on the Deed of Trust acknowledgement ("I certify under PENALTY OF PERJURY under the laws of the state of California ...") does not comply with Colorado notary law.  The signing service insisted that the wording can not be changed because it's a California property, and the Deed will be rejected by the county recorder in California if it does not have that specific California wording on it.  Should I obey the signing service in California and leave the acknowledgement the way it is?

Answer:

A Colorado notary must obey the notary laws of the state of Colorado -- not California.  If the acknowledgement on the Deed of Trust does not conform to Colorado notary laws, then it must be corrected.  It doesn't matter that it will be recorded in California.  The county clerk cannot reject it if it is done according to the notary laws of Colorado.

This is from an actual situation that I was involved in. 

As a notary signing agent we work with lenders and title companies all across the country.  We cannot be expected to know the notary laws of every state.  Nor should we have to. The only notary laws that matter are the notary laws of the state in which you are commissioned.

This is the Deed of Trust with California wording, and the corrections that can be made:

_______________________________________________________________________

Another solution is to attach a loose certificate.

So to answer the question: 'Should I know California notary law?'  The answer is yes -- if you are a California notary.  But apart from that, always obey the notary laws of your own state.

Good luck.

P.S.  There are several people you can turn to if you want answers to notary questions or want a second opinion:

Secretary of State (for Colorado notaries)

Notary  Law Institute (must be a member).  You can post a question about notary law and someone will promptly give you an answer.

National Notary Association (must be a member): You can post your question and someone will email a response to you.

And finally, in the case of the Deed of Trust, you can write to the County Recorder in California, and they may send you a response by email:

or call them.

I also called the Los Angeles County Recorders office at 562-462-2125.  The answer that I was given was that it is perfectly acceptable to line through the wording that pertains to California.  They would not reject it.  A loose certificate is another acceptable way to do it.