Legal Question in Real Estate Law in California
If a notary public has a beneficial interest in a notarized document in violation of CA Civil Code 8224, does that render the document void or unenforceable. I have recently discovered in my foreclosure case that the Substitution of Trustee instrument was issued in violation of CA Civil Code 8224. The notary was an employee of the company which issued the Substitution of Trustee.
1 Answer from Attorneys
I cannot find any Civil Code section 8224 in my 2016 edition of said code. You probably mean Government Code section 8224, which deals with notaries and conflicts of interest. Here is a direct quotation from Government Code 8224: " For purposes of this section, a notary public has no direct
financial or beneficial interest in a transaction where the notary
public acts in the capacity of an agent, employee, insurer, attorney,
escrow, or lender for a person having a direct financial or
beneficial interest in the transaction."
The notary in your situation was an EMPLOYEE, and hence is specifically exempted from the prohibition. No violation.
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