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Notarial Acts/Documentation

A notary public is asked to notarize a deed of trust in which the notary is named individually as the beneficiary. May the notary perform this notarization?

A

Yes, as long as the notary discloses the relationship in the journal.

B

No, unless a second notary is also present to co-sign the certificate.

C

Yes, because a beneficiary is not a principal to the transaction.

D

No. A notary who is named individually as a beneficiary to a real property transaction has a direct financial interest and may not notarize.

Correct Answer

D. No. A notary who is named individually as a beneficiary to a real property transaction has a direct financial interest and may not notarize.

AI Explanation

Conflict of interest — direct financial interest in real property. Government Code section 8224 prohibits a notary from notarizing any document in connection with a transaction in which the notary has a direct financial or beneficial interest. The notary has such an interest when named individually as a beneficiary, grantor, grantee, mortgagor, mortgagee, trustor, trustee, vendor, vendee, lessor, or lessee in a real property transaction.

Notarial Acts/Documentation Question #293
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