Key Takeaways
- Thumbprint is REQUIRED for deeds and other real estate documents
- Thumbprint is REQUIRED for power of attorney documents
- Use the signer's right thumbprint in the journal
- If right thumb unavailable, use any available finger and note which one
- Refusal to provide thumbprint means notary should refuse the notarization
Thumbprint Requirements
In a notorious deed fraud case, a criminal impersonated a homeowner using a fake driver's license. The notary verified the ID, completed the journal entry, and performed what appeared to be a proper notarization. But when investigators later examined the case, the thumbprint in the notary's journal didn't match the real homeowner—providing definitive proof that an imposter had signed the deed. The thumbprint became the key evidence that exposed the fraud.
This is why California requires thumbprints for high-value documents: thumbprints are nearly impossible to fake, and they provide undeniable evidence of who was actually present.
Why Thumbprints Matter
| Advantage | Explanation |
|---|---|
| Unique identification | No two people have the same fingerprints |
| Cannot be forged | Unlike signatures, thumbprints can't be practiced or copied |
| Forensic evidence | Can be matched to a specific person by law enforcement |
| Fraud deterrent | Criminals know thumbprints identify them |
When Thumbprints Are REQUIRED
A thumbprint is MANDATORY in your journal for these document types:
| Document Type | Why High Risk |
|---|---|
| Grant deeds | Transfers real property ownership |
| Quitclaim deeds | Releases claims to real property |
| Deeds of trust | Secures mortgage loans |
| Other trust deeds | Any trust affecting real property |
| Powers of attorney | Authorizes others to act on signer's behalf |
Key Point: Real estate documents and powers of attorney are primary targets for fraud because they transfer high-value assets or grant significant authority. The thumbprint provides an additional layer of protection.
What "Affecting Real Property" Means
Any document that affects real property = thumbprint required:
| Examples Requiring Thumbprint | Examples NOT Requiring Thumbprint |
|---|---|
| Grant deed | Business contract |
| Quitclaim deed | Affidavit (general) |
| Deed of trust | Corporate resolution |
| Reconveyance | Immigration forms |
| Subdivision map | School documents |
Thumbprint Procedure
Standard Procedure
| Step | Action |
|---|---|
| 1 | Request the signer's RIGHT thumbprint |
| 2 | Apply ink to the right thumb (inkpad or inkless pad) |
| 3 | Press thumb firmly in the designated journal space |
| 4 | Roll slightly to capture good impression |
| 5 | Allow to dry before closing the journal |
If Right Thumb Is Unavailable
If the signer cannot provide a right thumbprint (injury, amputation, bandage, etc.):
| Step | Action |
|---|---|
| 1 | Use any available finger |
| 2 | Note in the journal which finger was used |
| 3 | Examples: "Left index finger" or "Right index finger" |
Key Point: The journal must document which alternative finger was used if not the right thumb.
Quality Tips for Good Impressions
| Tip | Purpose |
|---|---|
| Clean the thumb first | Removes oils and dirt |
| Apply even ink coverage | Ensures clear print |
| Press firmly but don't smear | Clear impression |
| Use quality ink or inkless pad | Permanent, clean print |
Thumbprint Refusals
This is a heavily tested topic. If a signer refuses to provide a thumbprint for a required document:
| Situation | Notary's Response |
|---|---|
| Signer refuses thumbprint for deed | REFUSE to notarize |
| Signer refuses thumbprint for POA | REFUSE to notarize |
| Signer says "I don't like ink" | Explain it's legally required |
| Signer claims religious objection | Still cannot proceed without thumbprint |
Critical Point: There is NO EXCEPTION for refusal. If the document requires a thumbprint and the signer won't provide one, the notarization CANNOT proceed.
How to Handle Refusals
- Politely explain the thumbprint is required by California law
- Explain it's for their protection against fraud
- If they still refuse, you must decline the notarization
- Document the refusal in your notes (not in the journal itself)
When Thumbprints Are Optional
For documents NOT on the required list, thumbprints are optional but recommended:
| Document Type | Thumbprint Required? | Recommendation |
|---|---|---|
| Affidavit | No | Recommended |
| General contract | No | Recommended |
| Corporate documents | No | Recommended |
| Immigration forms | No | Optional |
| Consent forms | No | Optional |
Best Practice: Many experienced notaries collect thumbprints for ALL notarizations—it's additional protection even when not legally required.
Thumbprint Quick Reference Chart
| Document | Required? | If Refused? |
|---|---|---|
| Grant deed | YES | Cannot notarize |
| Quitclaim deed | YES | Cannot notarize |
| Deed of trust | YES | Cannot notarize |
| Power of attorney | YES | Cannot notarize |
| Affidavit | No | May proceed |
| Contract | No | May proceed |
On the Exam
Expect 2-3 questions on thumbprints. Key points tested:
- Which documents require thumbprint: Deeds + POAs (real property and authorization documents)
- Which thumb: Right thumb is default
- If unavailable: Use another finger AND note which one
- Refusal to provide: MUST refuse to notarize—no exceptions
- Where recorded: In the journal (not on the document)
For which documents is a thumbprint REQUIRED in the journal?
Which thumbprint should be taken from the signer?
What should a notary do if a signer refuses to provide a thumbprint for a deed?