Subscribing Witness Proof of Execution.
Existing law prohibits the use of a proof of execution by a subscribing witness for a power of attorney, grant
deed, mortgage, deed of trust, quitclaim deed, security agreement or any instrument that requires a notary public to obtain a thumbprint in the notary
public's official journal from the party signing the document. The law is now expanded to prohibit the use of a proof execution for any other document
affecting real property; however, proof of execution of a trustee's deed and deed of reconveyance are permitted.
Existing law requires a notary public to require a party signing a deed, quitclaim deed, deed of trust
affecting real property or a power of attorney document to place his or her thumbprint in the notary public's official journal. The law is now expanded to
require a party signing any other document affecting real property to place his or her thumbprint in the notary public's journal. This does not apply to a trustee's
deed resulting from a decree of foreclosure or a nonjudicial foreclosure pursuant to Civil Code section 2924, or to a deed of re-conveyance.
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