Part 2, Section 5
Thumbprinting

California state law requires that the notary obtain a right thumbprint of the signer if the any of the following documents are being notarized: 

      ·  Deed
·  Quitclaim Deed
·  Deed of Trust (affecting real property)
·  Power of Attorney

However, a thumbprint is not required when notarizing trustee’s deeds resulting from foreclosures or deeds of reconveyance. Government Code § 8206(a)(2)G)

This fraud deterrent is a mandatory requirement, and a notary failing to obtain a thumbprint as required by
Government Code § 8206  is subject to a civil penalty of up to $2,500.  Either the Secretary of State or public prosecutor may seek this penalty.  Government Code § 8214.23

The thumbprint must be placed in the notarial journal on the same line as the entry for that signer.  It is highly recommended that every notary carry a thumbprinting stamp for just such situations.  The signer simply presses his or her thumb onto the stamp, and then onto the space provided in the journal.

You may, if you wish, request that every signer of every document leave a thumbprint in your journal, but the law does not require it.

Do not underestimate the value of the thumbprint.  It protects the notary in that it proves that the signer did indeed appear before you, and it protects the general public from fraud.  A forger will not want to leave behind his or her thumbprint as physical evidence of their crime.

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