California Notary Public Law: Gov Code 8227.1

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Questions and Answers

What is the most severe legal consequence for a person falsely notarizing a deed of trust on a single-family home, according to the provided information?

  • A felony, specifically when related to deeds of trust on single-family residences. (correct)
  • A misdemeanor, unless it involves more than four dwelling units.
  • A misdemeanor, regardless of the property type.
  • A civil penalty, but no criminal charges.

California Government Code section 8227.1 primarily addresses which type of offense related to notaries public?

  • Regulations for advertising notary services by licensed notaries.
  • Unlawful acts committed by individuals who are not commissioned notaries public. (correct)
  • The fees that notaries public are allowed to charge.
  • The specific duties and responsibilities of a commissioned notary public.

Which action by a non-notary is classified as a felony under the described law, assuming it involves a single-family residence?

  • Falsely notarizing a signature on a deed of trust. (correct)
  • Providing advice on real estate transactions.
  • Advertising services as a 'document witness'.
  • Charging a fee for witnessing a signature.

What is the maximum number of dwelling units a property can contain to be considered a 'single-family residence' under the felony provision described?

<p>No more than four dwelling units. (B)</p> Signup and view all the answers

If an individual who is not a notary public represents themselves as a notary to a person, but does not actually perform any notarization, under section 8227.1, this action is considered:

<p>A misdemeanor, regardless of intent. (B)</p> Signup and view all the answers

Which scenario would most likely result in a felony charge for an individual who is not a notary public?

<p>Notarizing a relative's signature on a deed of trust for their single-family home, receiving payment for the service. (C)</p> Signup and view all the answers

An individual who is not a notary public uses letterhead with the title 'Notary Public Services' to promote their business. According to section 8227.1, this action is:

<p>A misdemeanor, because it gives the impression of being a notary public. (A)</p> Signup and view all the answers

If a person mistakenly believes they are authorized to act as a notary public and notarizes a deed of trust for a single-family home, is their action considered a felony?

<p>Yes, because the law focuses on the act itself, not the intent, in felony cases. (A)</p> Signup and view all the answers

Which of the following actions would be LEAST likely to be considered a violation of California Government Code section 8227.1?

<p>Witnessing a signature on a simple contract and stating 'I witnessed this' without claiming to be a notary. (B)</p> Signup and view all the answers

A person who is not a notary public prepares and 'notarizes' a quitclaim deed for their neighbor's single-family home as a favor, without charging any fee. Is this action lawful or unlawful, and what is the potential classification?

<p>Unlawful felony, because it involves a deed of trust on a single-family residence. (C)</p> Signup and view all the answers

Flashcards

Unauthorized Notary Acts on Single-Family Homes

It is a felony for someone who is not a notary public to perform actions prohibited by California Government Code section 8227.1 related to documents affecting title to single-family residences.

Misrepresenting as a Notary Public

It is a misdemeanor for someone to falsely present themselves as a notary public.

Prohibited Actions by Non-Notaries (CA Gov. Code 8227.1)

Includes representing oneself as a notary public, using the title, or acting as one without proper qualifications

Study Notes

  • Individuals not commissioned as notary publics are guilty of a felony if they violate California Government Code section 8227.1.
  • The violation must relate to a document affecting the title, encumbrance, or interest secured by a mortgage/deed of trust on a single-family home with four or fewer units.
  • California Government Code section 8227.1 specifies actions that constitute a misdemeanor for those not duly commissioned, qualified, and acting notary publics.
  • It is a misdemeanor to represent oneself as a notary public.
  • It is a misdemeanor to use the title "notary public" in a way that suggests one is a notary public.
  • It is a misdemeanor to act as a notary public.

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