I have a Quitclaim Deed that was recorded with incorrect information. In order for this to be corrected, the County Recorder is requesting an acknowledgment for the deed so that it can be re-recorded with the correct information. I've been requesting this from the Notary who notarized the original document and provided her with a copy of the Quitclaim she notarized, but she is refusing to complete the acknowledgment. – J.W., California
The Notary cannot send you a new acknowledgment certificate without having the original Quitclaim Deed returned. According to the Secretary of State of California, if a document or Notary certificate is incorrect, the Notary must notarize the document again, which means the signers have to appear before the Notary with the original document. Then the Notary can re-notarize the signature on the document. The Notary must make a new journal entry. Below is some information from the Secretary of State’s Newsletter for 2015 page 5:
“Correcting a Notarial Act: There are no provisions in the law that allow for the correction of a completed notarial act. If you discover an error in a notarial act after completing the act, then notarize the signature on the document again. All requirements for notarization are required for the new notarial act, including completing and attaching a new certificate containing the date of the new notarial act and completing a new journal entry.”
In addition, the following statement is provided in the 2015 Notary Public Handbook, page 12: “Note: An acknowledgment cannot be affixed to a document mailed or otherwise delivered to a Notary Public whereby the signer did not personally appear before the Notary Public, even if the signer is known by the Notary Public.”
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