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callies
California
5 Posts |
 Posted - 02/03/2012 : 3:33:40 PM
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It is true that Jurats and Acknowledgements in California require specific language, however, if you are performing the notarial act in another state, you must follow the laws of that state, even if the document is being recorded in CA.
I am a Notary and Signing Agent in CA. I frequently have documents that have been prepared in Texas for instance, and do not contain the correct language for CA, so in those instances I strike the incorrect language and attach a separate Certificate with the correct language.
Also, it is up to the client to determine the type of notarial act required and they should include the language. Never attach a separate doc if one is not included, as that could be construed as practicing law.
I also hope that you are administering an oath or affirmation to the borrower in addition to signing and stamping the Jurat. Many times the docs include language such as "I swear or affirm that the information contained in this application is true and complete", which indicates the need to administer an oath. The Jurat language states "Subscribed and sworn to (or affirmed) before me on this )____ day of ______. So, in signing the Jurat, you are confirming that the client did take an oath.
Hope this helps.
C. Allies |
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CopperheadVA
Virginia
420 Posts |
Posted - 02/03/2012 : 08:41:42 AM
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| No! That is crazy what that company told you. In Virginia, we notarize according to Virginia notary law. If they want an ack, then they provide an ack certificate on the document. If they want a jurat, then they provide a jurat certificate on the document. Under NO circumstances do we ever provide an extra jurat that does not go with any partcular document. |
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nova-notary
Virginia
6 Posts |
Posted - 02/03/2012 : 06:57:29 AM
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A little backstory, I got a call from a title company last week saying that I had done a signing for them over a month ago and they were saying that since it was for docs filed in California that I should have included a jurat with the documents. I was confused because I had never had to include anything in the refi pack before. (Just print out what they send and notarize them right?) Well needless to say I figured out while on the phone that I had not done the signing in the first place because they rescheduled the signing at the last minute so the issue was moot.
However now I just received a call from a woman about looking for a notary to notarize her purchase in California. So I am a little unsure of myself at this point when it comes to California. Basically my question is this, should I include an extra jurat because it is for California? |
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Jurats in California
