Certain documents — grant deeds, quitclaim deeds, deeds of trust, mortgages, and instruments placing any encumbrance on real property — carry elevated requirements under California notary law.
Three special rules apply when notarizing these instruments:
1. Thumbprint required: The signer must place their right thumbprint in the notary's sequential journal. If the right thumb is unavailable, an alternate finger is used and noted. A $2,500 civil penalty applies for willful refusal to obtain the required thumbprint (Government Code §8214.23).
2. Proof by subscribing witness prohibited: A subscribing witness generally cannot be used to prove execution of these documents in place of the principal's personal appearance. The exceptions — trustee's deeds from foreclosure and deeds of reconveyance — are narrow and specific.
3. Criminal escalation: Unauthorized notarization of real property documents is a felony (§8227.3); knowing fraud on a deed of trust is also a felony (§8214.2).
Exam Tip: Powers of attorney also require a thumbprint in the journal — even though they are not "real property" documents in the traditional sense. The statute (§8206(a)(2)(G)) lists them explicitly alongside deeds and deeds of trust.
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