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  1. #1
    Join Date
    Mar 2009
    Posts
    19

    Default Notary Public Possibly Forged Documents

    In the State of California.

    I bought a house in December '06. The title and mortgage are and have always been in my name only. I have never lived in the home myself, but had been renting it out. I was just sued by my ex for nearly $6,000 for rent ON MY OWN HOME!

    My ex claims in the court papers that it was a jointly owned home and that I agreed to pay her $300 of the rent I received each month. None of this is factual.

    I contacted the county clerk and recorder to get all the documents they have to show the judge in court. The 2 they have on file are quitclaim deeds. The first is dated about a month after the purchase of the home. It has my signature and says that I am quitclaiming to myself and my ex. I did not sign this document. I sat down with the notary public only ONCE and that was in December when I purchased the home. (my ex is friends with this notary public )

    The second quitclaim is my ex quitclaiming her interest in the property back to me.

    The notary public would need my thumbprint and signature in their journal / book along with the name or type of document right?

    How do I view the notary public's book?

  2. #2
    Join Date
    Jan 2008
    Posts
    1,948

    Exclamation Re: Notary Public Possibly Forged Documents

    Did you copies of the quick claim deeds? The stamp used by the notary will have their name and notary commission number. If you can not locate the notary based on only their name then you can contact to CA sec of state notary division to get the address they have on file for this notary. They are required by law to provide you with a photocopy of their log book that shows your name, address, the ID they used to verify your identity, the title of the documents notarized, along with your signature and thumb print.

    cut and pasted from the CA 2009 notary public handbook...


    A notary public is required to keep one active sequential journal at a time of all acts performed
    as a notary public. The journal must be kept in a locked and secured area (such as a lock box
    or locked desk drawer), under the direct and exclusive control of the notary public. The journal
    shall include the items shown below. (Government Code section 8206(a))
    • Date, time and type of each official act (e.g. acknowledgment, jurat).
    • Character of every instrument sworn to, affirmed, acknowledged or proved before the
    notary public (e.g. deed of trust).
    • The signature of each person whose signature is being notarized.
    • A statement that the identity of a person making an acknowledgment or taking an oath
    or affirmation was based on “satisfactory evidence” pursuant to Civil Code section 1185.
    If satisfactory evidence was based on:
    1. Paper identification, the journal shall contain the type of identifying document, the
    governmental agency issuing the document, the serial or identifying number of the document,
    and the date of issue or expiration of the document;
    2. A single credible witness personally known to the notary public, the journal shall contain
    the signature of the credible witness or the type of identifying document, the governmental
    agency issuing the document, the serial or identifying number of the document, and the date
    of issue or expiration of the document establishing the identity of the credible witness; or
    3. Two credible witnesses whose identities are proven upon the presentation of satisfactory
    evidence, the journal shall contain the signatures of the credible witnesses and the type of
    identifying document, the governmental agency issuing the document, the serial or identifying
    number of the document, and the date of issue or expiration of the document establishing the
    identity of the credible witnesses.
    • The fee charged for the notarial service.
    • If the document to be notarized is a deed, quitclaim deed, or deed of trust affecting real
    property or a power of attorney document, the notary public shall require the party signing
    the document to place his or her right thumbprint in the journal. If the right thumbprint is
    not available, then the notary public shall have the party use his or her left thumb, or any
    available finger and shall so indicate in the journal. If the party signing the document is
    10 general information
    physically unable to provide a thumb or fingerprint, the notary public shall so indicate in
    the journal and shall also provide an explanation of that physical condition.
    If the sequential journal is stolen, lost, misplaced, destroyed, damaged, or otherwise rendered
    unusable, the notary public immediately must notify the Secretary of State by certified or
    registered mail. The notification must include the periods of journal entries, the notary public
    commission number, the commission expiration date, and, when applicable, a photocopy of
    the police report that lists the journal. (Government Code section 8206(b))
    A notary public must respond within 15 business days after the receipt of a written request
    from any member of the public for a copy of a transaction in the notary public journal by
    supplying either a photostatic copy of a line item from the notary public’s journal or an
    acknowledgment that no such line item exists. The written request shall include the name of
    the parties, the type of document, and the month and year in which the document was notarized.
    The cost to provide the requested information must not exceed thirty cents ($0.30) per page.
    (Government Code sections 8206(c) and 8206.5)
    The sequential journal is the exclusive property of the notary public and shall not be surrendered
    to an employer upon termination of employment, whether or not the employer paid for the
    journal, or at any other time. The circumstances in which the notary public must relinquish
    the journal or permit inspection and copying of journal transactions and the procedures the
    notary public must follow are specified in Government Code section 8206(d).
    A notary public is guilty of a misdemeanor if the notary public willfully fails to properly
    maintain the notary public’s journal. (Government Code section 8228.1)
    Within 30 days from the date the notary public commission is no longer valid, the notary
    public must deliver all notarial journals, records and papers to the county clerk’s office where
    the oath is on file. If the notary public willfully fails or refuses to do so, the notary public is
    guilty of a misdemeanor, and shall be personally liable for damages to any person injured by
    that action or inaction. (Government Code section 8209) Any notarial journals, records and
    papers delivered to the Secretary of State will be returned to the sender.

  3. #3
    Join Date
    Mar 2009
    Posts
    19

    Default Re: Notary Public Possibly Forged Documents

    Great! Thank you so much for that! Sounds easy enough...

  4. #4
    Join Date
    Jan 2008
    Posts
    1,948

    Default Re: Notary Public Possibly Forged Documents

    It really should be - especially since it such an 'old fashioned' system!
    Good luck!

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