In addition to the notary acknowledgment requirements set forth in Part V, Chapter 502, Title 28 of Hawaii’s Revised Statutes, the Department of the Attorney General publishes a Notary Manual on its website (http://ag.hawaii.gov/notaries-public/notaries-public-documents/) which provides further expectations for notary acknowledgments.
According to pages 7 and 8 of this Manual, the acknowledgment must include the venue in which the acknowledgment takes place. In most cases, this is simply done with a reference to the county. However, if the acknowledgment takes place within the jurisdiction of the first judicial circuit (which includes the island of Oahu, the district of Kalawao on the island of Molokai, and all of the approximately 137 small islands), then a reference to both the city and county of Honolulu must be made.
Due to the wide scope of the venue, we are unable to support triggering the caption “City and County of” within the acknowledgment just for properties located within the first judicial circuit (particularly since the closing may occur in a different district than the one the property is located in). However, we will be modifying the Hawaii-specific acknowledgments on the following documents so that the caption is changed to “________ County of”, which will allow for notary officers to manually enter “City and” within the first blank line, as appropriate:
- HI Mortgage (Cx320)
- HI Mortgage FHA (Cx373)
- HI Mortgage Second (Cx478)
- HI Assignment of Mortgage (Cx1522)
- HELOC Mortgage – HI (Cx2411)
- HI Assignment from MERS (Cx4317)
- HI Assignment – INV BLANK (Cx4459)
- HI FHA GNND Second Mortgage (Cx16183)
- Compliance Agreement (Cx4)
- Occupancy Statement (Cx15)
- Manufactured Home Affixation Affidavit (Cx43)
- Signature/Name Affidavit (Cx865)
- Correction Agreement – Limited Power of Attorney (Cx870)
- Manufactured Home Limited Power of Attorney (Cx6874)
- Signature/Name Affidavit (NPE) (Cx7965)
- Occupancy Statement (Cx8909)
- Affixation Affidavit (Cx13232)
- Lender’s Statement of Intent (Cx14139)
This change will take effect on June 12, 2014. If you have any questions or concerns about this change, please contact Client Support at 1.800.497.3584.
June 5, 2014