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TGS1985
California
208 Posts |
 Posted - 01/13/2012 : 03:00:54 AM
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quote:
Originally posted by Notary007
The interesting situation is when an affidavit is presented to the notary with an acknowledgment already attached, rather than a jurat.
I get this a lot, specifically with Name Affidavits but no other type of Affidavit. At first I checked with the signing company/lender and they always confirmed they want an Acknowledgment not a Jurat, even provided explination of each in case they don't know the difference. It got to the point where I don't bother to ask anymore unless the wording is incorrect.
I'm curious on what you do 007 when you're presented with that type of situation?
On a side note the ones that I always get a kick out of being a California Notary and all, are the Acknowledgement/Jurat hybrids that have acknowledgement wording but also have the sworn/affirmed line at the end. Remember myself going, "huuuuuuuh?" first time I saw one of those, haha.
- Tyler Soares - |
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CopperheadVA
Virginia
420 Posts |
Posted - 09/29/2011 : 12:07:09 PM
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| Please clarify. Are you saying that they want a second notarization on the same document? That you already completed a notarization once and they want a second one? If so, was the notarial wording already pre-printed on the document and you notarized already using that pre-printed notary certificate? |
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tdblake
Washington
10 Posts |
Posted - 09/29/2011 : 11:02:32 AM
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I just completed a signing here in Wa state. I notarized the Affidavit of Occupancy as directed. Now they want a Jurat attached. Is this appropriate?
Tonya |
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Notary007
60 Posts |
Posted - 07/19/2011 : 9:50:25 PM
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A jurat is used on a sworn statement such as an affidavit or deposition. If they have already signed in advance, they need to sign again before the notary. Then you can honestly state "subscribed before me". And the notary administers the oath or affirmation so the signer is making a sworn statement.
While an acknowledgment may be signed in advance, or in front of the notary, the ack certificate does not say it was "sworn to or affirmed" by the signer before the notary.
Some courts have thrown out documents as being defective when the document language is for a sworn statement but the notary certificate is an acknowledgement. Since an ack does not state that it is a sworn statement, the court rejected the doc as a sworn statement. If the notary chooses and attaches the wrong certificate, the notary could be held liable.
The interesting situation is when an affidavit is presented to the notary with an acknowledgment already attached, rather than a jurat. |
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edelske
New York
815 Posts |
Posted - 01/16/2011 : 06:57:55 AM
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Sorry, was not clear. In my question assume handwritten document that was already signed. However, the resign, and await their choice is best.
Kenneth A Edelstein
Mobile Notary, Apostille / Legalization Processing & Fingerprinting
http://www.kenneth-a-edelstein.com |
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LindaH
Florida
1754 Posts |
Posted - 01/16/2011 : 03:53:37 AM
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In FL we can't choose, nor can we substitute an acknowledgement when a jurat is required. Doesn't matter if the the document signer already signed or not - it depends on the wording in the document - if it appears the document is an affidavit being sworn to (e.g. document begins with the words "the undersigned, being duly sworn, depose(s) and say(s)") then a jurat is required and no substitute is allowed. As Lee said I'd just have them sign it again and attach a jurat.
Signers do not have to sign in front of us in FL if an acknowledgment is being used..
Linda
www.notarydepot.com/notary/lindah
http://www.notary.net/websites/LindaHubbell |
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Lee-AR
Arkansas
678 Posts |
Posted - 01/16/2011 : 03:44:16 AM
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I'd simply have them sign the document again in my presence. Mission accomplished. An Acknowledgement is not a Jurat.
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edelske
New York
815 Posts |
Posted - 01/15/2011 : 10:38:28 PM
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I know, they are supposed to tell us what service they are requesting. But, in one specific situation - can I "choose"? That situation is where the client already signed the document. A Jurat with ".... subscribed before me" is inappropriate. Thus, with the (only?) valid alternative being an Acknowledgment; can't I just pull one from my bag and process it?
Kenneth A Edelstein
Mobile Notary, Apostille / Legalization Processing & Fingerprinting
http://www.kenneth-a-edelstein.com |
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