Bulletin: CA000009

Date:
December 15, 1992
To:
Advisory Escrow Officers in Region E and Juliet Martinez
RE:
Notary Public Procedure

Dear Associates:

As 1993 approaches, there are some changes in law which need to be addressed relating to the duties that either you or your assistants provide in relation to notarial acts. Chapter 815 amends and repeals and adds Section 8206 of the Government Code and adds and repeals Sections 27297.6 and 27387.1 of the Government Code relating to the keeping of notarial records. Specifically, Section 8206 of the Government Code was amended to read that if a deed, quitclaim deed, or deed of trust effecting real property within the County of Los Angeles is acknowledged, a notary public shall require the party signing the document to place his or her right thumb print in the notary journal. This change in the law effects not only notaries in Los Angeles County, but notaries in any location who deal with property in Los Angeles County. Therefore, beginning January 1st, 1993, it will be necessary that the right thumb print of the person executing a deed, quitclaim deed, or deed of trust be placed in the notarial journal. Further, there are provisions in the code as to what steps to take if the party signing the document is physically unable to provide a thumb or fingerprint.

In addition, the Los Angeles County recorder may, within 30 days of recordation of the deed, quitclaim deed, or deed of trust, notify by mail the party or parties executing the document. In order to do so, all assessor parcel numbers shall be indicated on the document. It will be necessary that if you handle a transaction for recordation in Los Angeles County, each deed, quitclaim deed and deed of trust contain the assessor's identification number. The Recorder's Office may charge in addition to normal recording fees and additional $10 to cover the cost of their mailings.

An article entitled "Simplifying the Acknowledgment" from the National Notary Association dated October 1992 is available by calling your local Stewart Title Guaranty underwriter. It sets forth the anticipated use of the general purpose certificate acknowledgment. Many of the county recorders in Southern California have begun accepting the jurat. Please note that it is not to be used for a subscribing witness circumstance. In using a subscribing witness, the notary must administer an oath and complete a proof of execution, not a certificate of acknowledgment.

If you have any questions in regard to the above, please feel free to contact me.

THIS BULLETIN IS FURNISHED TO INFORM YOU OF CURRENT DEVELOPMENTS. AS A REMINDER, YOU ARE CHARGED WITH KNOWLEDGE OF THE CONTENT ON VIRTUAL UNDERWRITER  AS IT EXISTS FROM TIME TO TIME AS IT APPLIES TO YOU, AS WELL AS ANY OTHER INSTRUCTIONS. OUR UNDERWRITING AGREEMENTS DO NOT AUTHORIZE OUR ISSUING AGENTS TO ENGAGE IN SETTLEMENTS OR CLOSINGS ON BEHALF OF STEWART TITLE GUARANTY COMPANY. THIS BULLETIN IS NOT INTENDED TO DIRECT YOUR ESCROW OR SETTLEMENT PRACTICES OR TO CHANGE PROVISIONS OF APPLICABLE UNDERWRITING AGREEMENTS. CONFIDENTIAL, PROPRIETARY, OR NONPUBLIC PERSONAL INFORMATION SHOULD NEVER BE SHARED OR DISSEMINATED EXCEPT AS ALLOWED BY LAW. IF APPLICABLE STATE LAW OR REGULATION IMPOSES ADDITIONAL REQUIREMENTS, YOU SHOULD CONTINUE TO COMPLY WITH THOSE REQUIREMENTS.

References

Bulletins Replaced:
None
Related Bulletins:
None
Underwriting Manual:
1.16 Acknowledgments
 
13.08 Notaries Public
Exceptions Manual:
CA Acknowledgments
Forms:
None