There is much more to it but might confuse the readership. As a measure of how many documents can be recorded at various County Recorder offices, San Diego estimates that around 2, documents get recorded daily. In Los Angeles County, the count is almost 4 times more, approximately 7, per day. Can you imagine? The need for standing in line waiting for the manual stamp may soon be totally replaced. Some of the old deeds and some of the mortgage documents used by a non-California Lender may have the wrong notary form attached.
Escrow Officers and notaries are cautioned to review and use the correct form. It does not matter if the notarization is done out of state; in order for the document to record in California, the correct California notary forms must be used. In addition, there are two types of forms, an Acknowledgement form and a Jurat form. Escrow Officers need to know which form to use for that particular document and attach it for the Notary Public to use.
The California notary law requires that the notary seal impressed on the document be clear, crisp, sharp and readable. No blurry edges and no covering of pre-printed wording. It has to be legible for microfilm reproduction. Round embossed seals, although allowed, is not recommended because it does not copy, scan or microfilm well, and when not enough pressure is used, the embossment is hard to read. Anything that is missing means it is incomplete.
This includes the actual signature of the Notary Public!
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Yes, that is a common issue. The names of the principals showing in the document should match the names typed everywhere else on the documents, including the signature block and the notary section. It should also be signed that way, if the signature is clearly readable. If the actual document is illegible, meaning the wording is too light, blurry, or has a different or dark colored background, the document will not copy well into the annals of public record.
Future generations will not get a clear, readable copy and this can be seen in many early s documents. The illegible document will be returned and if a clear copy or better copy is attached to the original signature copy, the Recorders will take it. The Recorder will not record the document without the payment of the transfer tax unless it has a valid exemption.
San Bernardino County, California
This leads us to the next rejection. The exemption has to be typed on the document but if it does not match to the ownership change, the Recorder will question it. Sometimes a document is being recorded to reference a correction to a previously recorded document.
Without the prior recording information stated anyone reading this new document has no reference to that older document. A person who is signing as an attorney in fact for another person needs to sign a certain way. The name of John Smith is written out in longhand by James Smith. If the recording document states in it that there is an Exhibit attached and it is not, this document will be rejected. The most common Exhibit is one which states the full legal description of the property. There are certain information that is required on the document to make it effective, for instance, the names of the parties and the purpose of the document — granting the property or borrowing money.
Other information may not be required by statute, but it still may be cause for rejection. There is not much to say about this reason for rejection, but perhaps some of the general public may not realize that to record a document, it has to be an original.
That being said, it is also important to point out that copy machines are so good now that a person might not be able to tell between a copy and an original. We have our methods, though!
You can read about this new law at this link. The use of the exemption requires a special cover sheet to be attached to the recording document.
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Without the cover sheet the document could be rejected or the extra fee will be charged. Liquid correction or correction tape is never acceptable on a notary acknowledgment. It is best to attach a new notary acknowledgment if a correction is needed. The notary must legibly complete all required fields. Verification vs. Notary Acknowledgment Different documents have different recording requirements based on statute. Caption vs. Signature vs.
Acknowledgment Caption means the name as set out in the body of the document. On a deed this would be the grantor. Signature means the signature of the person named in caption along with the name printed below the signature.
Acknowledgment means the name of the person being acknowledged set out in the notary acknowledgment. It is required that the name in all three locations be the same.
Legible Document Statute requires that the document be photographically reproducible. Type must be complete. No chipped type will be accepted. Maps, diagrams and pictures are strongly discouraged.
A Documentary Transfer Tax Declaration must be completed for all conveyances. DTT dollar amount is not considered an acceptable documentary transfer tax declaration. All checks submitted for recording fees are to include a current date, be made payable to San Bernardino County Recorder and state on the memo line the NTE amount.
Be sure to sign your check. Checks must have the name and address preprinted on the check. Temporary checks are not acceptable. Conformed Copy A conformed copy is an exact photo copy of the completed document, made by the customer and presented to the examiner at the time of the recording. For a fee , the examiner will affix the recording information, which includes the document number and date of recording on the copy to be conformed. If the document is being submitted via mail, a self-addressed stamped envelope is required.
A completed coversheet is required. A completed coversheet includes the name and return address in which the recorded document is to be returned to and the title of the document being recorded. Helpful Links.