Need Opinion on Notary Error on CA Grant Deed - Posted by Gary CA

Posted by John Merchant on August 20, 2004 at 10:28:39:

Just an extra layer of security?

I’ll challenge you to find any title co. in CA who’d agree with you.

While it may be ( I didn’t check the CCC’s on this)that no Deed has to be notarized in CA, it cannot be recorded without that NP’s acknowledgement, so that could cause big title problems.

I don’t know any experienced REI who’d accept any deed without the NP signature.

By the way, some state statutes DO require NP’s acknowledgement for validity per se, such as mine here in WA, which says ANY conveyance of any rights in RE, (including a lease of 12M or longer), MUST be NP’d.

I recently took title to a local SFR, “subject to”, which had in it, a resident “putative” long term lessee, who claimed to have a 5 year lease at a ridiculous low rate, which she had conned the elderly owner into granting her…and which gave that tenant, in her opinion, the right to stay right there and continue to pay peanuts for rent for the duration.

That “lease” clearly showed, on close examination, to have been signed by the elderly lady owner with NO NP’s acknowledgment…and which made it, under WA law, totally invalid. All that tenant had was a month-to-month rental agreement.

So a simple letter to the tenant advising her she had 30 days to get out was all I had to do to get her gone.

She belly-ached and made all kinds of evil threats about her rights, what her lawyer was going to do to me, etc., etc…but apparently her lawyer agreed with me, because that tenant was gone in 30 days.

I even insist that some docs that aren’t required to have NP, be NP acknowledged, because I want the NP there as a witness to the competency and openness of my dealings with the other guy/gal.

An example of one of these deals was a recent deal where I took a written (and notarized) agreement to market a woman’s MH…and for my efforts, she agreed to give me a percentage commission, should I produce a buyer, and gave me an exclusive listing for a short period of time.

A few days later when I was talking to her she told me she’d found a buyer and I was no longer wanted or needed…when I reminded her of our NP witnessed written agreement, she said she had no memory of that deal!

Need Opinion on Notary Error on CA Grant Deed - Posted by Gary CA

Posted by Gary CA on August 19, 2004 at 01:25:25:

I bought a property in California, the owners of which now live out-of-state. Six individuals had to sign the deed, which they did properly (took 3 months), but one fill-in blank in the notarization section of some of the signatures was incorrectly filled out by the notary:

What actually was filled out:

“On June 1, 2004, before me, Gary Grantor, appeared Gary Grantor…”

What should have been filled out:

“On June 1, 2004, before me, Nina Notary, appeared Gary Grantor…”

The notary put in the name of the Grantor where the notary’s own name should have been inserted. The notary then signed, dated and sealed the deed correctly.

I have had two attorneys advice on the issue, one said redo the deed, the other said it was most likely OK. All the case law I have located through internet searches for far more serious issues i.e. incorrect legal description of the property, deed not signed etc. have resulted in rulings based on the intent of the original parties involved, resulting in the deeds being declared valid. Any opinions on this would be appreciated.

In some states, I have come across a “Scrivener’s Affidavit” which is used for corrections to documents involving such errors. This would seem to be the easiest way to correct the current deed. Is this allowed in California?

Re: Need Opinion on Notary Error on CA Grant Deed - Posted by eric

Posted by eric on August 20, 2004 at 16:03:35:

John is correct on this. The deed is valid without a notary, but it cannot be recorded. If the county recorder’s office already recorded the deed, then don’t worry about it. You have a valid deed that is recorded. I cannot foresee any court declaring the deed invalid because of a simple scrivenor’s error by the notary misidentifying themselves, especially when the sign and seal it.

Re: Need Opinion on Notary Error on CA Grant Deed - Posted by Jason - CA

Posted by Jason - CA on August 19, 2004 at 22:33:51:

According to CA law, deeds in CA need not be notorized to be valid. This is even mentioned in the CA Real Estate Principals book every agent must read to get a license. Notarization is just an extra layer of security. Getting it redone is the safest bet, buy the likelihood of it casing a problem is remote.

Notary Error on CA Grant Deed - Posted by John Merchant

Posted by John Merchant on August 19, 2004 at 09:45:55:

Your real issue is what’s a title co. going to do when next conveyance is looming? If they have no objection to what’s existent and has been done, why should you?