Does a California Acknowledgment of Satisfaction of Judgment Need to Be Notarized for eRecording?
If you’re releasing a judgment lien in California, the Acknowledgment of Satisfaction of Judgment must be notarized to meet eRecording standards. Learn the step-by-step process and compliance requirements.
Why Notarization Is Required for EJ-100 in California
In California, when a judgment has been paid in full, the creditor must file an Acknowledgment of Satisfaction of Judgment (Form EJ-100). But hereās a critical detail: this form must be notarized in order to be legally accepted for eRecording, especially when it pertains to releasing a judgment lien on real property, unless it has been filed and a Certified Copy of the same obtained from court..
Under California Code of Civil Procedure § 724.060, this document is treated similarly to a real estate conveyance, which mandates a notary acknowledgment for it to be valid and recordable. Without notarization, the county recorder will reject the submission, whether physical or electronic.
Steps to Properly Notarize and Record a Satisfaction of Judgment
1. Complete the Form EJ-100 Accurately
Ensure all required fields are filled out, including the case number, court location, and names of both parties.
2. Sign in the Presence of a California Notary
The creditor or authorized agent must sign the form in front of a California notary public. The notary will verify identity, complete the acknowledgment, and apply their seal.
3. Submit for eRecording with the County Recorder
Once notarized, the document can be submitted through an eRecording vendor or physically at the recorderās office. Ensure it’s filed in every county where the judgment lien was recorded.
4. Serve a Copy to the Debtor
After the document is officially recorded, a copy should be sent to the judgment debtor to notify them the lien has been released.
FAQs: Common Concerns About EJ-100 Notarization & eRecording
1. Can I skip notarization if Iām submitting it in person?
No. Whether filed in person or electronically, notarization is mandatory for this document to be accepted by the recorderās office.
2. What happens if I donāt file a Satisfaction of Judgment?
Failing to file may result in penalties, continued lien status on the debtorās property, or a lawsuit initiated by the debtor.
Recorder Compliance Tips
- Notary Thumbprint: Required in the notaryās journal when the document affects real property.
- County Recording Standards: Double-check the formatting rules (e.g., margins, font size) of the specific county where the lien is recorded.
- Multiple Counties: If the lien was recorded in more than one county, a notarized EJ-100 must be submitted in each.
Why Proper Notarization Matters
Notarizing the Acknowledgment of Satisfaction of Judgment not only meets legal requirements but also ensures the timely release of liens, protects debtor rights, and avoids rejection or delays in court or county recording processes. If youāre unsure about how to properly complete or file the EJ-100, consult with a legal document service or an attorney familiar with California civil procedures.