Legal Question in Real Estate Law in California

Tere would be no reason to give any money to someone who is just a notary; their job is just to verify your signature. It would normally be an escrow officer who would handle payments as a neutral third party. Did they give you any document showing that you had paid? I do not know that you can cancel the first cashier's check without proving what happened to it. To whom was the cashier's check made out to as they are the only one who can cash it? Find out what happened to the check. I do not think the lender would tell you the loan was completed without their having gotten the money or being told by the escrow agent that you had paid the money. Find out from the bank that issued the cashier's check what is required for it to be cancelled without your having to worry about having to pay it.

The above should be done before you try to consider replacing the check.

I understand that lenders and escrow companies use "notaries on wheels" to go to borrowers' homes to get loan papers signed. I didn't know their duties might include picking up checks, because usually borrowers are receiving money, not paying it, but I suppose that is all possible.

Also, I believe there is supposed to be a cooling-off period (three days) between when the borrower signs a refinancing loan and when the loan closes. I may be wrong about this, but the next-day report of a closing doesn't sound proper.

Nevertheless, the notary seems to have fumbled the ball. I think there is a significant risk to you in letting a new check be issued unless and until you are confident that the first one (a) has not been paid, and (b) cannot be paid. This will require you to negotiate with the bank that issued it, making sure you work with someone who knows their cashiers-check rules and policies and can give you adequate assurances against a double-dip into your account. I'm pretty sure, however, that this can be done.