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Why do real estate documents need to be notarized?

Real estate documents need to be notarized in California because it is a legal requirement under California law. When real estate documents, such as deeds, mortgages, and contracts, are notarized, it provides assurance that the document was signed by the appropriate parties, and that they did so voluntarily and with a clear understanding of the document’s contents.

In California, notarization of real estate documents is required by law to protect against fraud and to ensure the validity and enforceability of these documents. Specifically, California Civil Code section 1185 requires that certain real estate documents, including deeds and powers of attorney, must be notarized to be considered legally valid.

When a real estate document is notarized, the notary public verifies the identity of the signers, ensures that they are signing the document of their own free will, and confirms that they understand the contents of the document. This helps to prevent fraud and ensures that the document is legally binding.

In addition, notarization of real estate documents is often required by title companies, lenders, and other parties involved in the real estate transaction as part of their due diligence process. They may require notarized documents as a condition of providing services or financing for the transaction.

Overall, notarization of real estate documents is an important legal requirement in California to protect the parties involved in a real estate transaction and to ensure the validity and enforceability of these documents.

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