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Everything a California Notary should know about thumbprints

New-CA-thumbprint-resized.jpgUpdated 11-12-20. California has the most extensive and sweeping Notary requirements for recording signers’ thumbprints. But not all notarizations require you to take a thumbprint. In fact, California Notaries are expected to exercise judgment when it comes to meeting those requirements.

Here’s what you need to know:

What the state requires

California Notaries are required to record the signer’s right thumbprint in their Notary journals whenever they notarize any of the following documents:

  • A power of attorney
  • Deed
  • Quitclaim deed
  • Deed of trust
  • Any other document affecting real property

A journal thumbprint is not required for deeds of reconveyance and trustee’s deeds resulting from a decree of foreclosure or a non-judicial foreclosure. Most of the documents are simple and straightforward. The challenge comes with determining other documents affecting real estate.

How to decide what affects real property

The law in this respect is quite broad, and even a partial list of documents that would require thumbprints runs for pages. Here are a few examples:

  • Affidavit of Continuous Marriage
  • Homestead Declaration
  • Memorandum of Option
  • Notice of Non-Responsibility
  • Name Affidavit

These are just a few that could be part of loan packages, real estate transactions or otherwise involve real estate. Because so many different types of documents potentially involve real estate, there are a number of things to keep in mind when deciding if a thumbprint is required.

You should not read the entire document. Instead, when you are going through your normal process of checking the document during a notarization for such things as the title, blank spaces, certificate wording, etc., look for signs that it relates to real estate. These could include:

  • An assessor’s parcel number;
  • A legal property description;
  • A space in the margin reserved for a recorder’s use; or
  • A cover sheet that includes information for a recorder.

Estate-planning documents, such as wills, codicils and trusts, also could potentially involve real estate. If you are unsure whether a document involves real estate, the standard of professional practice is to collect the thumbprint. It is better to err on the side of caution. Remember, collecting the thumbprint is to protect against fraud. In addition, if the Secretary of State ever looks at your journal, you’ll want to have thumbprints for those entries that require them.

If the signer refuses to leave a thumbprint

It is possible that a signer could insist that the document does not involve real estate and refuse to leave their thumbprint. This is a judgment call. If you are satisfied with the signer’s explanation, you can opt not to collect their thumbprint. Just make sure to note the signer’s explanation in your journal entry.

If the signer’s explanation does not satisfy you, you should refuse to notarize the document.

A signer may object to leaving their thumbprint for privacy reasons. You can explain that your journal is locked in a secure location when not in use, and you maintain strict control over it. Also remind them that their entry can only be accessed by others under limited circumstances:

  • Seizure of the journal by law enforcement;
  • A court subpoena or written request by the Secretary of State to provide certified copies of journal entries; or
  • A specific, written request from a member of the public to provide a copy of a journal entry.

Thumbprint recording tips

When it comes to collecting the thumbprint, state law stipulates the right thumb. If there is a reason you cannot use the right thumbprint, the left thumbprint is the next option. After that, you may use any available finger. And note this in the journal. If the signer is physically unable to leave a thumbprint or a fingerprint, then note the reason in the journal entry.

Here are a few other tips to keep in mind:

  • Always have a back-up thumbprint pad, and make sure to keep the pads sealed when not in use so they don’t dry out.
  • Keep a container of wet wipes handy.
  • Have the signer press down gently so the impression does not smudge.
  • If the thumbprint is smudged, have the signer make another impression.
  • Make sure you have a journal where the space for the thumbprint is along the right margin so it is easy to make the impression.

Related Articles:

Am I still required to take thumbprints during the COVID-19 crisis?


Additional Resources:

Professional Inkless Thumbprinter

View All: Best Practices

53 Comments

Add your comment

Andy Cliff

26 Jun 2017

Is there any guidance for how thumbprint collection practices change in an electronic notarization?

Lori Holmes

26 Jun 2017

I obtain a thumbprint for all documents. The reason for this is I have had to testify in court, and no one can invalidate the thumb print.

Melanie

26 Jun 2017

In California, can I obtain a thumbprint for all notarizations if the signers are willing?

National Notary Association

29 Jun 2017

Hello. Yes, you may ask for a thumbprint for all notarizations if you wish to. However, please remember that a journal thumbprint is only required by state law for a notarization involving a power of attorney, deed, quitclaim deed, deed of trust or other document affecting real property. If the notarization does not involve one of these documents, the signer is not required to provide a thumbprint and has the right to refuse to do so.

Jack Crawford

26 Jun 2017

I get a thumbprint for every entry. I'm halfway through my 37th journal in 13 years and it has never been an issue.

jclass@comresearch.org

30 May 2018

Is a thumbprint required for an affidavit of identity on a Fictitious Business Name statement?

National Notary Association

30 May 2018

Hello. California Notaries are required to obtain a signer's thumbprint for their journals when notarizing the following documents: 1. A power of attorney 2. Deed 3. Quitclaim deed 4. Deed of trust 5. Any other document affecting real property

frntncntr

05 Dec 2018

What if notaries fail to obtain thumbprints for mortgage deeds? Many of these documents are notarized without the presence of the party.

Jennifer

06 Apr 2019

Do you need to be certified as a signing agent not just a normal notary to sign a homestead declaration?

National Notary Association

08 Apr 2019

Based on what you’ve described, we think it would be best if you contacted our Hotline team by phone and provided them with a more detailed description of the situation. The NNA Hotline: 1-888-876-0827 Mon – Fri: 5:00 a.m. – 7:00 p.m. (PT) Saturday: 5:00 a.m. – 5:00 p.m. (PT) If you’re not an NNA Member or Hotline Subscriber, they will provide you with a one-time courtesy call.

Julia

01 May 2019

My client had to sign 7 slots and give 3 thumbprints. He gave all 3 thumbprint and 6 signatures but didn't sign for the Grant Deed by accident- do I need to contact him and get a signature even if I have 6 others and a thumbprint for the Grant Deed?

National Notary Association

02 May 2019

Hi Julia. Were you performing these notarizations as a Notary Signing Agent as part of a loan signing assignment? If so, you should contact the loan officer, lender or title company to request instructions from them.

Jane

08 May 2019

I am a new Notary, I assume I should get the thumbprint and signature in my book before I officially stamp and notarize the document?

National Notary Association

08 May 2019

Hi Jane. We always recommend completing any required journal entry information first, to ensure that all necessary information is recorded before the signer leaves.

Zane Killebrew

24 Oct 2019

We discovered that the notary did not make a signature or a thumbprint in her journal when tricked my grandmother into singing a quit claim deed What should we do ? We are spending a lot of money on this because she did an illegal transaction

National Notary Association

25 Oct 2019

Hello. If you are in California and wish to file a complaint against a Notary, you can do so at this website: https://www.sos.ca.gov/notary/file-complaint/

Mona Kindhart

23 Mar 2020

If someone is being quarantined but needs to get their refinance of their home notorized, can they do electronically without doing fingerprint.

National Notary Association

23 Mar 2020

Hello. We are urgently reaching out to government bodies for answers for this question and other ways the coronavirus emergency. As we receive answers, we will continue to post them in the Notary Bulletin as soon as possible. Please continue to check the Bulletin for ongoing updates.

Lyndon Griarte

15 Apr 2020

If a thumbprint is not aligned properly and goes outside the lines in the journal, does it make the entry invalid?

National Notary Association

17 Apr 2020

Based on what you’ve described, we think it would be best if you contacted our Hotline team by phone and provided them with a more detailed description of the situation. The NNA Hotline: 1-888-876-0827 Mon – Fri: 5:00 a.m. – 7:00 p.m. (PT) Saturday: 5:00 a.m. – 5:00 p.m. (PT) If you’re not an NNA Member or Hotline Subscriber, they will provide you with a one-time courtesy call.

Neco Thompson-Badu

18 Sep 2020

In a typical loan signing, should I get one thumbprint for the deed or for all legal documents related to the loan?

National Notary Association

23 Sep 2020

Based on what you’ve described, we think it would be best if you contacted our Hotline team by phone and provided them with a more detailed description of the situation. The NNA Hotline: 1-888-876-0827 Mon – Fri: 5:00 a.m. – 7:00 p.m. (PT) Saturday: 5:00 a.m. – 5:00 p.m. (PT) If you’re not an NNA Member or Hotline Subscriber, they will provide you with a one-time courtesy call.

Ellen Michaels

23 Nov 2020

I always get a thumb print from my clients. Heck, I don't even have to ask them, They're the ones all ready to place one in my notary journal LOL!

Alma Hernandez

07 Oct 2021

As a signing agent do I have to get a thumbprint for the correction agreement limited power of attorney form?

National Notary Association

08 Oct 2021

Hello. California Notaries must obtain a journal thumbprint from the signer when notarizing powers of attorney, deeds, quitclaim deeds, deeds of trust or other documents affecting real property (GC 8206[a]).

hemant

16 Nov 2021

In California, is a thumb print considered a legal signature in lieu of a written signature. If a person is incapacitated and cannot sign, can a thumb print be considered a signature.

National Notary Association

07 Dec 2021

A thumbprint can be used as a signature when the “signature by mark” procedure is followed. The person has to be able to apply their thumbprint to the document and journal without any assistance.

Jerry hardeman

30 Apr 2022

Quick clime deed sign but no finger print in notary journal is this deed leagle.

National Notary Association

02 May 2022

Hello. Any questions about the legality of a document would need to be answered by a qualified attorney.

alma c salazar

19 Sep 2022

can i notorized without the thumbprint, if person not able to come in person

National Notary Association

19 Sep 2022

Hello. The signer must be present before you in order for you to perform the notarization. California Notaries are required to record the signer’s right thumbprint in their Notary journals whenever they notarize any of the following documents: A power of attorney, Deed, Quitclaim deed, Deed of trust or any other document affecting real property.

Olivia P.

07 Mar 2023

Does an Advance Health Care Directive require a thumbprint in CA if it contains power of attorney language?

National Notary Association

10 Mar 2023

Based on what you’ve described, we think it would be best if you contacted our Hotline team by phone and provided them with a more detailed description of the situation. The NNA Hotline: 1-888-876-0827 Mon – Fri: 5:00 a.m. – 7:00 p.m. (PT) Saturday: 5:00 a.m. – 5:00 p.m. (PT) If you’re not an NNA Member or Hotline Subscriber, they will provide you with a one-time courtesy call.

Katherine Lazaro

08 Mar 2023

I am new with my notary and aren’t familiar with an S.P.A. Document that my mom requested for me to notarize for her. It is to appoint someone as her’s and my dad’s power of attorney since they are buying property in the Philippines and cannot travel there too much to do some things. Please advice on how to proceed IF I can proceed and if this is an acknowledgement or a jurat since there is no actual form attached on what type of notary this would be thank you

National Notary Association

09 Mar 2023

Hello. As the Notary, you are not authorized to choose what type of notarization is needed on behalf of the signers. The signers would need to speak with an attorney or contact the receiving agency to request instructions what type of notarization is required.

Richard

15 Mar 2023

Hi, do we need to get a thumbprint for "Substitute of Trustee" Document? My company has the same signor signing a bunch all the time. thanks.

National Notary Association

17 Mar 2023

Hello. California Notaries must obtain the signer's right thumbprint for the journal entry for every notarization for a power of attorney, deed, quitclaim deed, deed of trust or other document affecting real property.

Ted

16 Mar 2023

Hi, I work in Mortgage and notarize for my company. We sign nearly 100 documents weekly, all repeating docs. For the document called "Substitute of Trustee", which requires an Acknowledgement, does the signer need to thumb print my journal? Its just changing the trustee on the mortgage and not title or ownership. Also, can I use acknowledgements already printed on out of state loans, like filed in NY or what not, when I am notarizing the for a signer here in CA (of course, the NY acknowledgement wont have the persons 'title' or 'capacity', its just a general one w/ city, county, date & the name of the person signing. Thank you!

National Notary Association

17 Mar 2023

Hello. In California, you must obtain the signer's right thumbprint in your journal entry for every notarization of a signature on a power of attorney, deed, quitclaim deed, deed of trust or any other document affecting real property. Please see this article for information on when CA Notaries may use an out-of-state Notary acknowledgment certificate: https://www.nationalnotary.org/notary-bulletin/blog/2017/06/what-california-notaries-need-to-know-about-notary-certificates

joshy joshjosh

18 Jul 2023

Is a CA power of attorney (POA) involving real estate legitimate if the notary journal is not completed? The CA SOS states that POAs involving real estate must have a thumbprint in the journal. But it doesn't say whether or not the POA is valid or invalid without the thumbprint in the journal. I can't seem to get a straight answer from the CA SOS, escrow, title insurance, or mortgage -- the very core of the industry. Logically, it's quite simple: If the law requires a thumbprint in the journal when involving real estate, then the POA is only legitimate once the thumbprint impression is made in the notary journal.

National Notary Association

18 Jul 2023

Hello. For a legal opinion on the validity of a power of attorney document, you would need to consult with a qualified attorney.

joshy joshjosh

21 Jul 2023

It's stated that CA requires a thumbprint in the notary journal when involving real property. Do you know what page it says this in the 2023 CA handbook? Also, what is the law code regarding this? I can't seem to find it anywhere in any law code other than "it's required."

National Notary Association

21 Jul 2023

Hello. The relevant statute is GC 8206[a]. You can also find it on page 9 of the 2023 CA Notary Public Handbook.

Huilan Gao

29 Aug 2023

How to obtain a copy of the fingerprint from the notary where the fingerprint was taken?

National Notary Association

29 Aug 2023

Hello. In California, you would need to contact the Notary with a written request for a copy of the relevant journal entry with the thumbprint.

joshy joshjosh

01 Mar 2024

Do title insurance companies, mortgage companies, real estate agents, etc who deal with POAs also have to adhere to GC 8206?

National Notary Association

04 Mar 2024

Based on what you’ve described, we think it would be best if you contacted our Hotline team by phone and provided them with a more detailed description of the situation. The NNA Hotline: 1-888-876-0827 Mon – Fri: 5:00 a.m. – 7:00 p.m. (PT) Saturday: 5:00 a.m. – 5:00 p.m. (PT) If you’re not an NNA Member or Hotline Subscriber, they will provide you with a one-time courtesy call.

joshy joshjosh

01 Mar 2024

If a CA notary fails to obtain a "proper" thumbprint, it may be considered in violation of notary law. How is "proper thumbprint" defined? And what is this law in "violation of notary law" being broken?

National Notary Association

04 Mar 2024

Hello. A California Notary must obtain the signer's right thumbprint (or any other available printed) for the Notary journal entry if document is a power of attorney, deed, quitclaim deed, deed of trust or other document affecting real property (GC 8206[a]).

Tyre

26 Mar 2024

In California, is it necessary to acquire a thumbprint for auto loan signings, or are signatures enough?

National Notary Association

27 Mar 2024

Hello. California Notaries are required to record the signer’s right thumbprint in their Notary journals whenever they notarize any of the following documents: A power of attorney, A Deed, A Quitclaim deed, A Deed of trust, Or any other document affecting real property.

Dr.Chris K.Scruggs

05 Aug 2024

Is the notary required to have just one right thumb print for multiple signatures for real estate transactions like deed of trust and grant deed and any other rider or acknowledgment forms that are signed on a property or does the notary need a right thumb print after each signatures and document so if you signed a deed of trust, then a grant deed then a few other family rider acknowledgment forms so a total of four signatures and four different documents does the notary need four signatures and four fingerprints for notaries to be valid?

National Notary Association

12 Aug 2024

Hello. In California, the signer's thumbprint is required for each journal entry for a notarial act related to a power of attorney, deed, quitclaim deed, deed of trust or other document affecting real property, the right thumbprint (or any other available print) of the signer. Each notarization requires a fully completed journal entry.

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