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Misconduct/Fees

Michael's California notary commission expired six months ago. He has not renewed it, but he continues to notarize documents for clients and charge fees. Under Government Code sections 8227.1 and 8227.3, what is Michael's potential criminal exposure if he notarizes a deed of trust on a single-family residence?

A

A felony, because acting as a notary without a valid commission on a document affecting real property on a single-family residence is a felony

B

A misdemeanor only, because the documents are civil in nature

C

A $500 infraction for practicing without a valid commission

D

No criminal liability — only his commission renewal is delayed

Correct Answer

A. A felony, because acting as a notary without a valid commission on a document affecting real property on a single-family residence is a felony

AI Explanation

Felony for acting as a notary without a valid commission on real property. Government Code section 8227.1 makes it a misdemeanor to represent oneself as a notary public or purport to act as a notary public without a valid commission. However, section 8227.3 elevates the offense to a felony when those same acts are performed in relation to documents affecting title to, or placing an encumbrance on, real property consisting of a single-family residence containing not more than four dwelling units.

Misconduct/Fees Question #271
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