Bill Text: CA AB2834 | 2021-2022 | Regular Session | Amended
Bill Title: Notaries public: certificate corrections.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2022-05-19 - In committee: Held under submission. [AB2834 Detail]
Download: California-2021-AB2834-Amended.html
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Amended
IN
Assembly
April 27, 2022 |
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Amended
IN
Assembly
March 17, 2022 |
CALIFORNIA LEGISLATURE—
2021–2022 REGULAR SESSION
Assembly Bill
No. 2834
| Introduced by Assembly Member Kiley |
February 18, 2022 |
An act to add Section 8205.1 to the Government Code, relating to notaries public.
LEGISLATIVE COUNSEL'S DIGEST
AB 2834, as amended, Kiley.
Notaries public: certificate corrections.
Existing law authorizes the Secretary of State to appoint and commission notaries public in a number as the secretary deems necessary for the public convenience, and requires the secretary to administer the provisions governing notaries public. Existing law requires a notary public, when requested, to take the acknowledgment or proof of specified documents and to give a certificate of that proof or acknowledgment endorsed on or attached to the instrument. Existing law requires the notary public to sign the certificate in the notary public’s own handwriting. Existing law prohibits a notary public from accepting any acknowledgment or proof of any instrument that is incomplete. Existing law also requires a notary public to keep one active sequential journal at a time of all official acts performed as a notary public, as specified.
This bill would
authorize a notary public to correct an error on a certificate under specified circumstances, including that the notary public who makes the correction is the same notary public who originally completed the certificate, the error is in a certificate attached to a grant deed, mortgage, deed of trust, quitclaim deed, security agreement, or other instrument affecting real property that is to be recorded with a county recorder, the error is of a kind that prevents the county recorder from recording the document, and a copy of the original record and notarial certificate are returned to the notary. notary with a written request for correction from the county recorder, as specified. The bill would require a notary
public that corrects an error on a certificate to indicate the correction on the original entry for the certificate in the journal and to initial and date the correction on an updated certificate or indicate that a new certificate was issued.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 8205.1 is added to the Government Code, to read:8205.1.
(a) After completion of a certificate pursuant to Section 8205, a notary public who is currently commissioned may correct an error on the certificate pursuant to subdivision (b)(1)The error was created by the notary public and does not stem from errors within the drafted document.
(1) The notary public who makes the correction is the same notary public who originally completed the certificate.
(2) The error is in a certificate attached to a grant deed, mortgage, deed of trust, quitclaim deed, security agreement, or other instrument affecting real property that is to be recorded with a county recorder.
(3) The error was created by the notary public and does not stem from errors within the drafted document, which must be one of the types of documents set forth in paragraph (2).
(4) The error is of a kind that prevents the county recorder from recording the document.
(2)
(5) The request for correction is made in
writing. writing by the county recorder within five business days of the notarial act that is the subject of the certificate.
(3)The
(6) A clearly legible copy of the original record and notarial certificate are returned to the notary.
notary by the county recorder with the recorder’s request.
(4)
(7) The notary verifies the error by reference to the journal entry for the notarial act, the record itself, or other determinative evidence.
(b) If a notary public makes a correction authorized by
subdivision (a), the notary public shall comply with all of the following:
(1) The notary public shall indicate the correction on the original entry for the certificate in the journal of notarial acts of the notary public.
(2) (A) If the notary public updated the certificate, the notary public shall initial and date the correction on the updated certificate.
(B) If the notary public issued a new certificate, the notary public shall indicate on the new certificate that a new certificate was issued.
(3) The notary public shall attach to any updated or new
certificate under paragraph (2) an affidavit or declaration, pursuant to Section 2015.5 of the Code of Civil Procedure that meets all of the following requirements:
(A) It states that the conditions in subdivision (a) were satisfied.
(B) It has attached to it clearly legible copies of both of the following:
(i) The request for correction from the county recorder.
(ii) The defective certificate.
(C) It states that the attached documents are true and correct copies of the originals.
(c) A notary public shall make any correction under subdivision (b) within five business days of receipt of a request made in writing by a county recorder under paragraph (5) of subdivision (a). Notwithstanding the foregoing, nothing in this section shall be construed to require a notary public to make a requested correction.
(d) Nothing in this section shall be deemed to alter applicable law governing the recording of documents by a county recorder.
