[lorettaksmith]

I was told by the National Associaton of Notaries that the signature is invalid if its notarized in Mississippi, but sworn under penalty of pejury in California.

The Notary seal is state of Mississippi, Forrest county and the signed: I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing is true and corret

I want to know the law that can invalidate this in court or how to have the signature voided?

[smoothy]

Many documents don't even HAVE to be notarized, (even if they have a place for one) while others do. What document is it and exactly where (as in state and county) would it be from.

[JudyKayTee]

I'm a little confused. A notary can only notarize a document in the State in which he/she is sworn. For example, I'm a notary in NY. I CANNOT notarize a document in Pennsylvania. Where was it signed? It doesn't matter what the wording is. I run into this now and then and cross off the other State and write in "NY."

If I notarize a document which is to be filed in another State I obtain and attach a Certificate in addition to using my notary stamp.

The signature doesn't have to be voided. The document cannot be filed or admitted to Court because it is not notarized. The document is useless.

I don't understand the circumstances - ?

[AK lawyer]

... I don't understand the circumstances - ?

It appears that the document was prepared in California, using the "in California" language, and taken to Mississippi, for execution. The person who was to sign it before a notary took it to a local notary who, once it was signed, notarized it without paying any attention to the locational recital.

Actually, the certificate is not necessarily incorrect. The notary certified "under PENALTY OF PERJURY under the laws of the State of California that the" document was true and correct. It doesn't certifiy that it was signed in California. Depending upon the applicable rules for wherever this document is going to be used, it might work. Some court rules, for example, allow for the filing and admission of documents notarized out-of-state. I don't know if I agree with the opinion of the National Associaton of Notaries that if the notarial certificate recites that it was sworn to under the perjury penalties of a state other than where it is being executed, the document is necessarily invalid.

This whole problem could have been avoided had the drafter of the certificate refrained from using the name of the state. Thus "under the penalties for perjury, that ..." would have been better. Note, also, that the sentence is ambiguous: It could either mean that

• the signer of the document is saying he is aware that he is subject to a penalty for perjury in California, or that
• he is so certifying, ostensibly according to, and as required by, California laws.

Under either meaning, the statement could be correct:

PENAL CODE
SECTION 118-131
118. (a) 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.
This subdivision is applicable whether the statement, or the
testimony, declaration, deposition, or certification is made or
subscribed within or without the State of California.

http://www.leginfo.ca.gov/cgi-bin/di...0&file=118-131

Thus, if something recited in the document is materially and knowingly false, execution of this document, even though done in Mississippi, is a violation of the California perjury statute.

[Fr_Chuck]

yes, personally I believe the document will be found valid, if there is court action, a Notary is merely a professional witness to verify the ID.

And yes, it is common for documents to be written in one state and mailed to be signed and notarized in another state. ** I do it with real estate all the time.

If you wish to try to challenge it, you have to first have a valid interest and sue to have that item of value returned or challenge the document in court.
*** you were vague at what the document was.

[JudyKayTee]

I do agree - some of this depends on what the "legal document" was.