Notary Public Journal: Record Keeping

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Questions and Answers

According to the guidelines, what is the required response time for a notary public to fulfill a written request from the public for a copy of a transaction in their journal?

  • Within 30 calendar days of the request.
  • Within 10 business days of the request.
  • Immediately upon receiving the request.
  • Within 15 business days of the request. (correct)

Why is including general terms like 'loan docs' or 'mortgage docs' insufficient when describing the character of a document in a notary journal?

  • These terms are too long and take up too much space in the journal.
  • These terms are only applicable to federal loans, not state loans.
  • These terms do not meet the specificity requirements outlined in California Government Code section 8206(a)(2)(B). (correct)
  • These terms might be offensive to some clients.

What should a notary public do if a signer is unable to provide a thumbprint for a document that requires it?

  • Use the notary's own thumbprint instead.
  • Document the reason for the missing thumbprint and proceed with notarization using an available finger, noting which finger was used. (correct)
  • Refuse to notarize the document.
  • Have another person provide a thumbprint on behalf of the signer.

What information about the signer's identification document is a notary public required to record in their journal?

<p>The type of document, issuing agency, serial number, and issuance or expiration date. (C)</p> Signup and view all the answers

What is the proper way for a notary public to handle fees in their journal if they did not charge a fee for a notarial act?

<p>Document '0' for fees or write 'no fee'. (D)</p> Signup and view all the answers

Why is it important for a notary public to capture a signature on every line item in their journal instead of using a single diagonal line through multiple entries?

<p>A single signature on a diagonal line drawn through multiple line items does not meet the legal requirements and can lead to incomplete or deficient copies of individual line items. (D)</p> Signup and view all the answers

What does 'satisfactory evidence' refer to in the context of a notary public establishing a signer's identity?

<p>Evidence as defined in California Civil Code section 1185, which includes specific requirements for identification documents. (D)</p> Signup and view all the answers

What is the defining difference between the 'type of act' and the 'type of document' when recording a notarial event?

<p>The 'type of act' is the form used by the notary, such as acknowledgment or jurat, while the 'type of document' refers to the document itself, like a deed of trust. (B)</p> Signup and view all the answers

According to the guidelines, under what circumstances is a notary public required to request a thumbprint in their journal?

<p>When notarizing documents affecting real property (like deeds or deeds of trust) or a power of attorney. (A)</p> Signup and view all the answers

Why is it critical for the notary public to verify that the required elements are present in the identification document?

<p>To establish the signer's identity as defined in California Civil Code section 1185. (B)</p> Signup and view all the answers

If a document requiring a thumbprint is presented, but the signer is physically unable to provide one, what should the notary do?

<p>Record the fact that the signer was unable to provide a thumbprint and give an explanation of the signer's physical condition in the journal. (A)</p> Signup and view all the answers

Other fees, such as travel fees and/or loan signing fees, should NOT be included as fees charged for the notarial service. Where may you note other fees charged?

<p>In the additional information portion of your journal. (D)</p> Signup and view all the answers

According to the guidelines, how many active sequential journals can a notary public keep at a time, that contain all notarial acts?

<p>Only one. (A)</p> Signup and view all the answers

What would be a document that affects real property?

<p>A deed of trust. (C)</p> Signup and view all the answers

Why is it important to record the fee charged for each notarial act performed?

<p>To ensure compliance with California Government Code section 8211, which sets the limits for fees. (D)</p> Signup and view all the answers

Flashcards

Notary Public Journal

A detailed record of all notarial acts performed by a notary public.

Journal Copy Request Response Time

Within 15 business days of receiving a written request.

Essential Journal Entry Elements

Date, time, and the type of official act performed.

Character of Document

The specific kind of document involved in the notarization, e.g., deed of trust, affidavit.

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Individual Signature Requirement

A signature for each individual line item in the notary journal.

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Signer's Physical Presence

Requires the signer to appear physically in person with valid identification.

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Required ID Elements

Governmental agency, serial number, photo, description, issuance and expiration date.

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Fee Recording

Record the fee charged, or '0' or 'no fee' if no fee was charged.

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Thumbprint Requirement

For real property documents and powers of attorney.

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Fingerprint Priority

Right thumb; if unavailable, use another finger and note which one.

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Key Journaling Practices

Be thorough, detailed, and avoid shortcuts.

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Timing of Journal Entry

Capturing journal information before performing the notarial act.

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Study Notes

  • A notary public journal serves as a detailed record of notarial acts and protects the notary.
  • By law, notaries are required to chronicle every notarial act.
  • Notaries must respond within 15 business days to written requests for transaction copies from the public.
  • A notary public is restricted to keeping one active, sequential journal at a time for all notarial acts.
  • All notarial acts performed in an official capacity must be recorded in the journal.

Essential Journal Entries

  • Each notarial act requires a separate journal entry with the date, time, and type of official act.
  • The type of act refers to the form used, such as a certificate of acknowledgment or jurat.

Document Characterization

  • The character of a document is the specific type of document, for example, a deed of trust, affidavit, deed of reconveyance, or power of attorney.
  • The document type determines if a thumbprint is required.
  • General terms like "loan docs" are insufficient and do not meet the requirements of California Government Code section 8206(a)(2)(B).

Signature Requirements

  • California Government Code section 8206(a)(2)(C) mandates a signature for each line item in the journal.
  • A single signature across multiple entries is not compliant with notary public law.
  • Each line item copy must have a complete signature to be legally sufficient.

Identification Procedures

  • Proper documentation of the signer's identification is critical.
  • The signer must be physically present with proper identification.
  • "Satisfactory evidence" as defined in California Civil Code section 1185 must be used to establish the signer’s identity.
  • The identification must include the issuing governmental agency, serial or identifying number, a photograph and description of the person, and the issuance or expiration date.
  • Journal entries must record the type of identification, issuing agency, serial number, and issuance or expiration date.

Fee Recording

  • The fee charged for each notarial act must be recorded.
  • Indicate "0" or "no fee" if no fee was charged.
  • The recorded fee should not exceed the limit set by California Government Code section 8211.
  • Travel fees or loan signing fees should be noted separately in the additional information section.

Thumbprint Guidelines

  • For notarizations of deeds, quitclaim deeds, deeds of trust, real property documents, or power of attorney documents, a thumbprint is required.
  • Use the right thumbprint, or if unavailable, use another finger and specify which one.
  • If the signer is physically unable to provide a fingerprint, document the reason in the journal.
  • The thumbprint must be legible and clear.

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