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 Affidavit of Occupancy
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TGS1985

California
208 Posts

Posted - 01/13/2012 :  02:47:56 AM  Show Profile  Visit TGS1985's Homepage  Reply with Quote
quote:
Originally posted by tdblake

Not wanting to open a can of worms.....but I just read on the forum that (reminder to self) affidavits = jurats. I did not include a Jurat with the signature affidavit and they have not asked for one......should I just keep quiet?

Tonya



That's not always true. I often get Name Affidavits from Lenders that have Acknowledgements printed on the document. And I don't mean Jurats that are asking me to swear and affirmed but are titled Acknowledgments, but actual Acknowledgements with the correct California Wording.

- Tyler Soares -
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edelske

New York
815 Posts

Posted - 10/04/2011 :  09:19:25 AM  Show Profile  Visit edelske's Homepage  Reply with Quote
quote:
Originally posted by LindaH

In any event, if they want a loose cert, make SURE you mark the cert clearly that "this jurat is attached to a document entitled _______________ and dated _______________ consisting of ____ pages, inclusive. When I have those, I put this wording very close to the venue or some portion of the cert so it can't be cut off - I want to make sure they don't take it and attach it to another document.

Linda
http://www.notary.net/websites/LindaHubbell
http://www.columbiacountynotary.webs.com



My "certs and acks" are about 1/3 of the height of a letter size sheet of paper. I just "overstamp" an additional notary stamp half on the added page, half on the signature page. Makes it kind of hard to move my "cert or ack" someplace else. The county clerk of New York county does the same thing when they add an "Authentication" of my signature to the document; half on the authentication, half on my notary page. If that works for "my boss"; it also works for me.

Kenneth A Edelstein
Mobile Notary, Apostille / Legalization Processing & Fingerprinting
http://www.kenneth-a-edelstein.com
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tdblake

Washington
10 Posts

Posted - 09/29/2011 :  4:56:46 PM  Show Profile  Reply with Quote


Not wanting to open a can of worms.....but I just read on the forum that (reminder to self) affidavits = jurats. I did not include a Jurat with the signature affidavit and they have not asked for one......should I just keep quiet?

Tonya
[/quote]

Thank you. That helps. I'm sure it will be better when I have a few signings under my belt!

Tonya
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CopperheadVA

Virginia
420 Posts

Posted - 09/29/2011 :  3:49:57 PM  Show Profile  Reply with Quote
If a document has a notary certificate on it, I notarize the signatures on it once the borrowers have signed it. If no notary certificate, I don't notarize. If there is just a signature line with the words "Notary Public" under the line, then I look at the document to see if it's indicated anywhere that an oath is to be admisistered (jurat certificate ) or if the signers are acknowledging something (ack certificate). If no indication, then I contact the hiring party to ask if they want an acknowledgment or a jurat.

If there is no indication for a notary signature on the document, then I don't notarize.

<< I did not include a Jurat with the signature affidavit and they have not asked for one......should I just keep quiet? >>

If there was no indication that a notarization was required for that document, even if it was titled an "Affidavit", I would not have notarized it and I would not contact the hiring party asking about it.

Edited by - CopperheadVA on 09/29/2011 3:55:50 PM
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tdblake

Washington
10 Posts

Posted - 09/29/2011 :  2:36:47 PM  Show Profile  Reply with Quote
quote:
Originally posted by LindaH

Did you miss it? In one post you say you missed it and in another you say you notarized the Affidavit of Occupancy as directed. If you missed it, then you go back out on your dime. If not - if it's their error, then you should be paid for it.

In any event, if they want a loose cert, make SURE you mark the cert clearly that "this jurat is attached to a document entitled _______________ and dated _______________ consisting of ____ pages, inclusive. When I have those, I put this wording very close to the venue or some portion of the cert so it can't be cut off - I want to make sure they don't take it and attach it to another document.


Not sure if it's the same in WA but in FL we cannot substitute an acknowledgement if an oath is required. Perhaps they realized they had the wrong wording on the doc and wanted it resigned? Would be surprised to hear the company looked at it that closely but it's possible I suppose.



Linda
http://www.notary.net/websites/LindaHubbell
http://www.columbiacountynotary.webs.com



Not wanting to open a can of worms.....but I just read on the forum that (reminder to self) affidavits = jurats. I did not include a Jurat with the signature affidavit and they have not asked for one......should I just keep quiet?

Tonya
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tdblake

Washington
10 Posts

Posted - 09/29/2011 :  2:25:19 PM  Show Profile  Reply with Quote
quote:
Originally posted by LindaH

Did you miss it? In one post you say you missed it and in another you say you notarized the Affidavit of Occupancy as directed. If you missed it, then you go back out on your dime. If not - if it's their error, then you should be paid for it.

In any event, if they want a loose cert, make SURE you mark the cert clearly that "this jurat is attached to a document entitled _______________ and dated _______________ consisting of ____ pages, inclusive. When I have those, I put this wording very close to the venue or some portion of the cert so it can't be cut off - I want to make sure they don't take it and attach it to another document.

Thank you so much for the help! I was sure I marked everything and was being so careful with all 129 pages! But they e-mailed me the doc to show it was not notarized. It does have the appropriate wording...sworn before me.....on the document and the place for the seal. That's why I'm questioning the need for the Jurat.

Not sure if it's the same in WA but in FL we cannot substitute an acknowledgement if an oath is required. Perhaps they realized they had the wrong wording on the doc and wanted it resigned? Would be surprised to hear the company looked at it that closely but it's possible I suppose.



Linda
http://www.notary.net/websites/LindaHubbell
http://www.columbiacountynotary.webs.com



Tonya
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tdblake

Washington
10 Posts

Posted - 09/29/2011 :  2:22:21 PM  Show Profile  Reply with Quote
quote:
Originally posted by designated1

Hi Tonya!

Yikes!!! Why the loose certificate if the wording is correct (for State of Washington?) on the document? Did the Bwr(s) sign and date the document already and you just didn't "notarize" it? And while you're at it, remember to administer the oath - (found in your Notary Law Primer or Notary Handbook). This is required in conjunction with a jurat.

D1

Margo Thomas
Mobile Notary Signing Agent
Direct: (626) 893-6504



Tonya
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LindaH

Florida
1754 Posts

Posted - 09/29/2011 :  12:41:40 PM  Show Profile  Reply with Quote
Did you miss it? In one post you say you missed it and in another you say you notarized the Affidavit of Occupancy as directed. If you missed it, then you go back out on your dime. If not - if it's their error, then you should be paid for it.

In any event, if they want a loose cert, make SURE you mark the cert clearly that "this jurat is attached to a document entitled _______________ and dated _______________ consisting of ____ pages, inclusive. When I have those, I put this wording very close to the venue or some portion of the cert so it can't be cut off - I want to make sure they don't take it and attach it to another document.


Not sure if it's the same in WA but in FL we cannot substitute an acknowledgement if an oath is required. Perhaps they realized they had the wrong wording on the doc and wanted it resigned? Would be surprised to hear the company looked at it that closely but it's possible I suppose.



Linda
http://www.notary.net/websites/LindaHubbell
http://www.columbiacountynotary.webs.com
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designated1

California
7 Posts

Posted - 09/29/2011 :  12:12:12 PM  Show Profile  Reply with Quote
Hi Tonya!

Yikes!!! Why the loose certificate if the wording is correct (for State of Washington?) on the document? Did the Bwr(s) sign and date the document already and you just didn't "notarize" it? And while you're at it, remember to administer the oath - (found in your Notary Law Primer or Notary Handbook). This is required in conjunction with a jurat.

D1

Margo Thomas
Mobile Notary Signing Agent
Direct: (626) 893-6504

Edited by - designated1 on 09/29/2011 12:15:17 PM
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tdblake

Washington
10 Posts

Posted - 09/29/2011 :  11:12:30 AM  Show Profile  Reply with Quote
Help please! I just did my first signing. And somehow missed a notarization. I know! I am going back to do it tonight. It is on the Affidavit of Occupancy. the wording is all included on the document but they want me to attach a Jurat. Is this correct?

Thank you for any help!!!

Tonya
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