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Notarial Acts/Documentation

A signer must provide a right thumbprint for a Deed of Trust in the notary's journal. The signer has no arms due to a medical amputation. What is the legally mandated procedure for the notary?

A

Skip the thumbprint and write a detailed explanation of the physical inability in the journal.

B

Have a credible witness provide a thumbprint on the signer's behalf.

C

Refuse the notarization because real property documents strictly require a biometric identifier.

D

Require the signer to provide a toe print instead.

Correct Answer

A. Skip the thumbprint and write a detailed explanation of the physical inability in the journal.

AI Explanation

Thumbprint physical impossibility. According to Gov. Code section 8206(a)(2)(G), if a party is completely unable to provide a thumbprint or fingerprint (e.g., due to amputation), the notary public shall so indicate in the sequential journal and provide an explanation of that physical condition.

Notarial Acts/Documentation Question #104
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