Other Flashcards

1
Q

verbal oath

A
  • will be done 1% of the time but don’t come up often

giving an oath to someone without a jurat

-same procedure as jurat (raising right hand and speak oath)

Verbal oath to be written in journal regardless if no document. You write down the notary act as a verbal oath -“oath of secrecy” for example

No thumbprint needed

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2
Q

depositions

A

-recording someone with a camera
-specialized notaries; they give a spoken testimony that is transcribed

if you’re a certified court recorder, you can use shorthand

$30 plus $7 oath and $7 certificate

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3
Q

In CA what are we allowed to certify?

A

power of attorney and journal

you fill out a power of attorney form

make the copy yourself

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4
Q

when you certify the document,

A

the copy will have the same force and effect as original.

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5
Q

Power of attorney

A

is the only document we can make a certified copy of

no birth, death, marriage cert, photographs, passports

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6
Q

Certified copy of journal entry requested through

A

-Subpoena
-court order
-secretary state
-cannot request via email
-you must respond within time specified
-Use california copy cert of journal entry and attach

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7
Q

what is the time specified you have to respond?

A

whatever they ask for

if they say 17 days, you give a copy within 17 days

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8
Q

certified copy of document custodian

A

done when people ask for a certified copy of other random documents

-use the certified copy of document custodian certificate
- then you do jurat
- put them under oath
-they sign it

YOU ARE NOT CERTIFYING, YOU ARE DOING A JURAT

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9
Q

PROTESTS

A

THEY ARE ANTIQUATED
THEY ARE FOR PAYMENTS THAT HAVEN’T BEEN PAID

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10
Q

CONFIDENTIAL MARRIAGES

A
  • DONE at county clerk’s office
    -you have to apply seperately at county clerk
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10
Q

proof of execution

A

has to do when signer can’t appear before the notary

ex: someone in hospital, away on work

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11
Q

Subscribing Witness

A

a notary act if someone can’t be in person

Ex: you have a signer and they are sick in faraway hospital thus they’d need to find someone they know personally to meet in person

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12
Q

What does the subscribing witness do?

A

The actual signer will sign document and the S.W. will sign and will take that document to the notary
they will then take an oath and provide a tier 3 ID

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13
Q

whose signature gets notarized?

A

the S.W. THAT is in person.

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14
Q

tier 3 id

A
  • subscribing witness needs a credible witness
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15
Q

A proof of execution is used when

A

you need a subscribing witness to show up on behalf of you and they need to find a credible witness

not an acknowledgement or jurat but still an official notary act to journal

16
Q

how to write proof of execution in journal

A

notary type: proof of execution by subscribing witness,
write document name,
subscribing withness name and address,
the credible witness ID,
signer’s signature: subscribing witness,

under additional info: credible witness signature,
no thumbprint

17
Q

can you use 2 credible witnesses for a proof of execution?

A

no only 1

18
Q

can you notarize a document that requires a jurat when you need to do a proof of execution?

A

no, only documents that need an acknowledgement because original signer needs to sign under oath

19
Q

are thumbprint document allowed when using a proof of execution?

A

no because they need to be actually present to give the thumbprint

trustee’s deed and deed of reconveyance is ok

20
Q

what are the thumbprint docs?

A
  • deed
    -quitclaim deed
  • deed of trust
    -real property
  • power of attorney