Grant Deed
Grant Deeds are most often used to transfer property such as a home or land to another owner when a mortgage or loan is not involved—like when a buyer is paying cash or the property is gifted. Other names for this document: Grant Deed Form, Interspousal Transfer Grant Deed, Grant Bargain and Sale.
Power of Attorney
Document granting authority for a person to act as attorney in fact for another.
Deed
Document transferring ownership of property and requiring notarization.
Satisfactory Evidence
Satisfactory evidence of identity “means the absence of any information, evidence, or other circumstances which would lead a reasonable person to believe that the person … is not the individual he or she claims to be and any one of the following” (CC 1185[b]):
Creditable Witness
Believable person who identifies a document signer to the Notary after taking an oath or affirmation. The credible identifying witness must personally know the document signer and also be personally known by the Notary.
Notary Public
Person of proven integrity appointed by a state government to serve the public as an impartial witness with duties specified by law. The Notary has the power to witness the signing of documents and to administer oaths.
Acknowledgment
Act in which a Notary certifies having positively identified a document signer who personally appeared before the Notary and admitted having signed the document.
Quitclaim Deed
A quitclaim deed is a document that is used to transfer ownership of real estate from one party to another. Quitclaim deeds are also sometimes called quit claim deeds or quick claim deeds because they are a fast way to accomplish real estate transfers.
Jurat
Act in which a Notary certifies having watched the signing of a document and administered an oath or affirmation.
Conflict of Interest
A conflict of interest is a situation where someone has distinct obligations to different people that contradict one another.
Signature by Mark
“‘Signature’ or ‘subscription’ includes mark when the signer or subscriber cannot write, such signer’s or subscriber’s name being written near the mark by a witness who writes his own name near the signer’s or subscriber’s name; but a signature or subscription by mark can be acknowledged or can serve as a signature or subscription to a sworn statement only when two witnesses so sign their own names thereto” (GC 16; see also CC 14 and CCP 17[a]).
Affidavit
An Affidavit is a notarized written statement of facts made under oath. When you sign an Affidavit, you are swearing under law that the included information is true and based on personal knowledge or belief.
An Affidavit is also known as a:
- Notarized Statement
- Sworn Statement
- Statement Under Oath
- Sworn Oath Statement
Affirmation
Spoken, solemn promise on one’s personal honor, with no reference to a Supreme Being, that is made before a Notary in relation to a jurat or other Notary act, or as a Notary act in its own right.
Execution
Subscribing Witness
Person who either watches another (the principal) sign a document or takes that person’s acknowledgment of an already-signed document and appears before the Notary on behalf of the principal. The subscribing witness must sign the document in addition to the principal, must be personally known by the Notary and must take an oath or affirmation stating that he or she witnessed the principal sign or took the principal’s acknowledgment.
Principal in fact
Person Giving Power (Power of Attorney).
Attorney-in-fact
A person that receives Power (Power of Attorney)
Personal Knowledge
Based on separate pieces of legislation taking effect January 1, 2008, and January 1, 2009, California Notaries are prohibited from using their own personal knowledge to identify document signers, credible witnesses or subscribing witnesses.
Attorney in Fact:
Authorized Acts
Person who has authority to sign for another.
Authentication:
Authorized Acts
Process of proving the genuineness of the signature and seal of a Notary or other official, usually through an attachment of a certificate of authority.
Proof of Execution by Subscribing Witness:
Act where a person (called the subscribing witness) states under oath or affirmation before a Notary that he or she either watched another individual (called the principal) sign a document or took that person’s acknowledgment of an already signed document. The witness must affix a signature to the document in addition to the principal’s.