A Notary Public is presented with a document for a jurat. The signer indicates they prefer not to place their thumbprint in the Notary's journal. The document is an affidavit regarding a personal debt of $5,000. What is the Notary's obligation regarding the thumbprint?
- AThe Notary must obtain the thumbprint, as the document involves a financial transaction.
- BThe Notary may waive the thumbprint requirement if the signer objects.
- CThe Notary should refer the signer to another Notary who does not require thumbprints.
- DThe Notary must obtain the thumbprint, as all jurats require a thumbprint.
Show answer & explanationAnswer & explanation
Correct answer: A. The Notary must obtain the thumbprint, as the document involves a financial transaction.
California law requires a thumbprint for jurats involving documents affecting real property or powers of attorney, and for deeds, quitclaims, and deeds of trust. Although this document is an affidavit regarding a personal debt, it is a document that is recorded in the journal and does not fall under the specific exemptions, therefore a thumbprint is required.
Why the other options are wrong
- B. The Notary cannot waive the thumbprint requirement if the document type mandates it, regardless of signer objection.
- C. Referring to another Notary is inappropriate when the Notary is legally obligated to obtain the thumbprint.
- D. Not all jurats require a thumbprint; there are specific exemptions, but this scenario does not meet them.
Jurat - Thumbprint Requirement
For a jurat, a thumbprint is required in the Notary's journal if the document is a deed, quitclaim deed, deed of trust, or other document affecting real property, or a power of attorney. There are specific exemptions for certain governmental employment documents and trust documents.
- Thumbprint required for real property documents and powers of attorney.
- Required for deeds, quitclaims, deeds of trust.
- Specific exemptions exist (e.g., government employment, financial institution trustee).
- Notary cannot waive requirement if applicable.
Memory trick: Property and Power need a print, for security's solid stint.