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Identification/Subscribing Witness Notarizations

A proof of execution by a subscribing witness can legally be used to notarize which of the following documents?

A

A trustee's deed resulting from a decree of foreclosure.

B

A grant deed transferring real property.

C

A deed of trust for a commercial property.

D

A power of attorney handling financial assets.

Correct Answer

A. A trustee's deed resulting from a decree of foreclosure.

AI Explanation

Restrictions on Subscribing Witnesses for real property/thumbprint documents. According to CA Gov. Code § 27287 and Civil Code § 1195(b), proof of execution by a subscribing witness is strictly prohibited for any document requiring a thumbprint in the journal (deeds, power of attorney, mortgages, etc.), with a highly tested explicit exception: it IS permitted for a trustee's deed resulting from a decree of foreclosure, a nonjudicial foreclosure, or a deed of reconveyance.

Identification/Subscribing Witness Notarizations Question #14
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