Legal Question in Business Law in California

There are very limited exceptions to a Notary assigning validity to a signature without the person present. Likely the Notary could be sued and lose his notary license and be liable for a lot of money.

The previous answer may be technically correct, but more needs to be said.

First, it is not necessary to notarize a promissory note, and in my experience, it is not usual, either.

Second, many people think it is necessary for a document to be signed in the presence of the notary in order for the notarization to be valid. That is not true. I can sign a document today, then take it to a notary months later to get it notarized.

However, if John Doe signs a promissory note and gives it to me, I cannot take it to a notary and get John Doe's signature notarized. The person signing must appear personally.

I am not a notary and I have not researched the rules, but I know of no exceptions.

Now, as to the question of this note's validity. It was presumably completely valid when the maker signed it, without notarization. When YOU had it notarized, you created a difficulty for yourself that was completely unnecessary. The notarization is probably invalid, and you have thus created your own validity issue as to the note itself. The note is probably still enforceable (valid) even if the notarization is not valid. However, you and your notary seem to have given the debtor under the note some grounds to challenge the note that he didn't have before you monkeyed around with it.

The note is valid, but the notarization is not. I agree with Mr. Whipple in that you may have created problems for yourself.

The previous answers are correct. You should report the notary to the Dept. of Consumer Affairs for not telling you that you had to bring the signer.

No legitimate notary would / should notarize any document without the signer being present, providing his ID, and signing in the official notary 'book' with his name and address listed. This notary is obviously violating the law and should be reported so that they lose their license. Doing what this notary did could perpetuate a fraud punishable by civil lawsuit or criminal charges is someone was defrauded by that notarization.