Online Notary Course  for California
     
 

CHAPTER III.

Part E. Felonies or Possible Felonies

Section 1. Frauds Relating to Deed of Trust; Single-Family Residence

A notary public who knowingly and willfully with intent to defraud performs any notarial act in relation to a deed of trust on real property consisting of a single-family residence containing not more than four dwelling units, with knowledge that the deed of trust contains any false statements or is forged in whole or in part, is guilty of a felony. California Government Code section 8214.2


Section 2. Unlawful Acts by One Not a Notary Public; Deeds of Trust on Single-Family Residences

Any person who is not a duly commissioned, qualified, and acting notary public who does any of the acts prohibited by California Government Code section 8227.1 in relation to any document or instrument affecting title to, placing an encumbrance on, or placing an interest secured by a mortgage or deed of trust on, real property consisting of a single-family residence containing not more than four dwelling units, is guilty of a felony. California Government Code section 8227.3

California Government Code section 8227.1 provides that it is a misdemeanor for any person who is not a duly commissioned, qualified, and acting notary public for the State of California to do any of the following:

Represent or hold himself or herself out to the public or to any person as being entitled to act as a notary public;

Assume, use or advertise the title of notary public in such a manner as to give the impression that the person is a notary public; or

Act as a notary public.


Section 3. Filing False or Forged Documents Relating to Single-Family Residences; False Statements to Notary Public

Every person who files any false or forged document or instrument with the county recorder which affects title to, places an encumbrance on, or places an interest secured by a mortgage or deed of trust on, real property consisting of a single-family residence containing not more than four dwelling units, with knowledge that the document is false or forged, is punishable, in addition to any other punishment, by a fine not exceeding $75,000. California Penal Code section 115.5(a)

Every person who makes a false sworn statement to a notary public, with knowledge that the statement is false, to induce the notary public to perform an improper notarial act on an instrument or document affecting title to, or placing an encumbrance on, real property consisting of a single-family residence containing not more than four dwelling units is guilty of a felony.
California Penal Code section 115.5(b)


Section 4. Forgery; Signatures or Seals; Corruption of Records

Every person who, with the intent to defraud, counterfeits or forges the seal or handwriting of another is guilty of forgery. California Penal Code section 470(b)

Every person who, with the intent to defraud, falsely makes, alters, forges, or counterfeits, utters, publishes, passes or attempts or offers to pass, as true and genuine, any of the following items, knowing the same to be false, altered, forged, or counterfeited, is guilty of forgery: …or falsifies the acknowledgment of any notary public, or any notary public who issues an acknowledgment knowing it to be false; or any matter described in the above paragraph. California Penal Code section 470(d)

Forgery is punishable by imprisonment in the state prison, or by imprisonment in the county jail for not more than one year. California Penal Code section 473


Section 5. Perjury

Every person who, having taken an oath that he or she will testify, declare, depose, or certify truly before any competent tribunal, officer, or person, in any of the cases in which the oath may by law of the State of California be administered, willfully and contrary to the oath, states as true any material matter which he or she knows to be false, and every person who testifies, declares, deposes, or certifies under penalty of perjury in any of the cases in which the testimony, declarations, depositions, or certification is permitted by law of the State of California under penalty of perjury and willfully states as true any material matter which he or she knows to be false, is guilty of perjury. California Penal Code section 118

Persons who appear before a notary public who do not tell the truth under oath or affirmation may be guilty of perjury.

Applications for appointment as a notary public are executed under penalty of perjury. Misrepresentations or omissions in the application may be perjury.

Perjury is punishable by imprisonment in the state prison for two, three or four years.
California Penal Code section 126


Section 6. Conviction

If a notary public is convicted of a crime related to notarial misconduct (including the false completion of a notarial certificate) or of any felony, the court must revoke the notary public’s commission and require the notary public to surrender his or her notary public seal to the court, to be forwarded to the California Secretary of State with a certified copy of the judgment of conviction.
California Government Code section 8214.8
 


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All rights reserved. Revised: 01/02/12.