Other Flashcards
verbal oath
- 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
depositions
-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
In CA what are we allowed to certify?
power of attorney and journal
you fill out a power of attorney form
make the copy yourself
when you certify the document,
the copy will have the same force and effect as original.
Power of attorney
is the only document we can make a certified copy of
no birth, death, marriage cert, photographs, passports
Certified copy of journal entry requested through
-Subpoena
-court order
-secretary state
-cannot request via email
-you must respond within time specified
-Use california copy cert of journal entry and attach
what is the time specified you have to respond?
whatever they ask for
if they say 17 days, you give a copy within 17 days
certified copy of document custodian
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
PROTESTS
THEY ARE ANTIQUATED
THEY ARE FOR PAYMENTS THAT HAVEN’T BEEN PAID
CONFIDENTIAL MARRIAGES
- DONE at county clerk’s office
-you have to apply seperately at county clerk
proof of execution
has to do when signer can’t appear before the notary
ex: someone in hospital, away on work
Subscribing Witness
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
What does the subscribing witness do?
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
whose signature gets notarized?
the S.W. THAT is in person.
tier 3 id
- subscribing witness needs a credible witness
A proof of execution is used when
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
how to write proof of execution in journal
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
can you use 2 credible witnesses for a proof of execution?
no only 1
can you notarize a document that requires a jurat when you need to do a proof of execution?
no, only documents that need an acknowledgement because original signer needs to sign under oath
are thumbprint document allowed when using a proof of execution?
no because they need to be actually present to give the thumbprint
trustee’s deed and deed of reconveyance is ok
what are the thumbprint docs?
- deed
-quitclaim deed - deed of trust
-real property - power of attorney
