Category Archives: Documents

Does an Application for Duplicate or Paperless Title ( DMV REG 227) Need a Notary?

When the title of a California vehicle is lost, a replacement can be ordered from the DMV by submitting REG 227 and paying a duplicate title fee.

Often people mistakenly believe REG 227 needs to be notarized before it is sent to the DMV.  While it is true that the REG 227 has a notarization certificate at the bottom of the first page, it isn’t meant for most requestors.  It applies specifically to Section 5.

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DMV REG 227

Section 5 LEGAL OWNER OF RECORD RELEASE OF OWNERSHIP AND/OR INTEREST—Must be notarized   is for situations where a lienholder is releasing interest in the vehicle once the debt has been satisfied.

In most cases, unless you are transferring ownership, only Section 1 and 3 are completed to request a duplicate title and neither require notarization.

©2017 Totally Notary All Rights Reserved

Limited Power of Attorney – Appoint Totally Notary to be your Attorney-In-Fact

When someone is unavailable to sign real estate documents due to absence or illness, it is often possible to arrange a limited Power of Attorney for another person to sign the documents on their behalf.   A limited Power of Attorney (also known as a Specific Power of Attorney) grants limited executive powers to a designated person (the agent) to act on the behalf of a signer (the principal).  The agent is also referred to as an Attorney-In-Fact.

A limited Power of Attorney is usually utilized for a specific process or matter, unlike a General Power of Attorney which grants broader authority.  It may also be effective for a limited period of time.

A few examples where a limited Power of Attorney may be used:

  • Accountant :  A principal might grant a limited Power of Attorney to his accountant, so the accountant can act on his behalf with taxing agencies.
  • Banker:  A principal might grant one to his investment banker, so the banker can have the power to make investment decisions on his behalf.
  • Legal Document Signing:  The principal might use a limited Power of Attorney to designate an agent to sign contracts or documents on his behalf.  The documents could be related to business operations or the purchase, sale or refinance of real estate.

The limited Power of Attorney document itself will specify the authority the agent will have and includes detailed instructions from the Principal.  It requires notarization.
If the limited Power of Attorney is to be utilized in a real estate transaction, the title company and lender (if applicable), must approve the limited Power of Attorney prior to use.  In many cases, the title company will have a specific template they prefer the principal to use.

Once the principal has signed and notarized the limited Power of Attorney, the agent then has the legal capacity to transact business and to sign on behalf of the principal, as if the principal himself were doing it.

Some reasons why a limited Power of Attorney might be used  to sign real estate documents:

  • The principal is traveling out of the country or working out of state
  • The principal is ill and indisposed
  • The principal is elderly and signing would be an ordeal
  • The principal cannot sign legibly
  • The principal prefers to skip the tedious signing process

Totally Notary is an experienced licensed, bonded and insured notary public that specializes in real estate documents and is well versed in the execution of Power of Attorneys.

If you are unavailable to sign your real estate documents and need an agent to sign on your behalf, call Totally Notary.  With Helen signing on your behalf as your attorney-in-fact, you can have confidence that your documents will be executed accurately and confidentially.

©2017 Totally Notary All Rights Reserved

The General Power of Attorney for India and the Role of Witnesses

Some documents have the legal requirement that the signer’s signature be witnessed.  This is primarily to prevent forgery.  The witnessing requirement may be in place or in addition to a notarization requirement.

One of the most common documents that require both witnessing and notarization is the General Power of Attorney for use in India.
The purpose of this Power of Attorney is to grant power to an resident of India to act as an agent for a purchase or sale of property on behalf of a resident in the United States.
Unfortunately, many signers misunderstand the purpose of the witnesses.  They mistakenly believe that the purpose of the witnesses is to validate the content of the document or to verify that the Principal (the signer) understands the legal document they are signing.  Acting on that misapprehension, the signer often requests the witnesses sign before the signer takes the document to the notary to be signed and notarized.
The primary duty of the witness is to watch the signer physically sign the document to prevent forgery.  If the witnesses sign before the signer does, they have failed in their primary duty.

Sometimes a witness also certifies they have personal knowledge of the signer.  For example, a Canadian Transfer of Land document requires the witness to personally know the signer and be willing to certify that the individual who signed the document was indeed the person named in the document.

Who can be a witness?

The witness should be an adult at least 18 years old and impartial. The witness should neither be named in the document, nor benefit financially from its signing,  The witness should be of sound mind. The best witnesses are those that know the signer such as friends, neighbors, or co-workers.

What other documents are witnessed?

Mortgages, Power of Attorneys, Last Will and Testaments, Deeds, Advance Health Care Directives and foreign documents related to property transfer.

What if the document needs to be witnessed and notarized?

Ideally, the signer, witnesses and notary would meet at the same time.  When done that way, the witnessing and notarization occur in one step.  Mobile notary services are usually the best way to accommodate all parties in this situation.

If that is not possible, this alternative is permissible in CA:

CA law allows a document that requires an Acknowledgment notarization (like most Power of Attorneys) to be signed in advance and then presented to a notary for notarization.  Provided the signer appears before the notary, furnishes satisfactory evidence of their identity and “acknowledges” that they signed the document prior to coming before the notary, the notary can perform an Acknowledgment notarization.

Based on that scenario the following steps would apply:

  • The Principal (signer) signs the Power of Attorney while the witnesses watch (which satisfies the witness requirement)
  • The witnesses sign that they observed the signature (It is recommended that they print their name below their signature)
  • The signer then takes the signed and witnessed  POA to the notary
  • The signer provides satisfactory evidence of his identity and acknowledges to the notary that he signed it prior to appearing before the notary
  • The notary performs an acknowledgment notarization

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How to Self-Attest a Document

When a copy of a document is requested by a government agency or other entity, it is often specified as Certified, Notarized or Original. Sometimes it is specified as Self-Attested.

Self-Attestation allows the owner of the document to certify that the photocopy of their original document is a true copy by signing it. Self-attestation does not require an affidavit from a notary.

Per the Consulate General of India, San Francisco:
“Self attestation means- signing the photocopy of the required documents stating as “true copy of the original”. In case of minors, documents should be attested by either of the parent.”

The steps of Self-Attestation:

  • Make a photocopy of the original document requested
  • Write the statement on the photocopy “True copy of the original”
  • Sign below the statement
  • Submit the self-attested photocopy with the application
  • Retain the original

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