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PWinFL
Florida
469 Posts |
 Posted - 03/15/2009 : 04:37:11 AM
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quote:
Originally posted by joanbergst
This I.D. requirement is different than the other 49 states who don't require I.D. for a Jurat notarization.
There are many states, including FL, that do require that the affiant not only be sworn in (or give an affirmation) but also must be satisfactorily identified using some sort of criteria. CA is certainly not alone in requiring ID for a jurat. (CA is not as unique in their notary laws as you think.)
It is imperative that each notary fully understand what their own state requirements are in performing any notarial act, including the presence requirement and identification of the signer.
Never drive any faster than your guardian angel can fly.
I am not an attorney licensed to practice law in the State of Florida,
and I may not give legal advice or accept fees for legal advice.
Visit us online at http://www.PAWnotary.com |
Edited by - PWinFL on 03/15/2009 04:40:11 AM |
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joanbergst
California
360 Posts |
Posted - 03/14/2009 : 9:42:03 PM
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This post began in 2007 by a CA Notary and since Jan 2008 all Jurats must have I.D. for a Jurat to be notarized.
This I.D. requirement is different than the other 49 states who don't require I.D. for a Jurat notarization. Since 2008 we don't need know anyone personally.
This has caused many lenders to call a document an "affidavit" and have either Acknowledgement verbiage included to be notarized or have no notary verbiage for the document.
It's their call and we just follow what is directed on the page.
Joan Bergstrom
24/7 To Riverside & San Bernardino Counties.
State Notary exam teacher for www.notaryclasses.com
www.joanbergstromnotarypublic.com
joan.bergstrom@yahoo.com
Cell: 951-522-4919
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Lisa T.
California
391 Posts |
Posted - 03/13/2009 : 9:51:40 PM
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<<< Right on, Bobbi. A "notarized" signature (or lack thereof) does not make the document and intent any more or less binding.>>>
True, as I remember ordering a certified copy of my birth certificate in past years simply by handwriting a letter to the county recorder and includng a check for the fee. Now, I have to have my signature notarized on the application (if I order one through an online vendor). But that's never been the point of having a signature notarized.
The point of notarizing a signature has only been that the person signing the document is the person that's supposed to sign the document...and no one else. |
Edited by - Lisa T. on 03/13/2009 9:52:36 PM |
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PWinFL
Florida
469 Posts |
Posted - 03/12/2009 : 10:38:07 AM
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Right on, Bobbi. A "notarized" signature (or lack thereof) does not make the document and intent any more or less binding. There are many affidavits which do not require notarization, however, case law has shown that an affidavit "should" have a notarization because, by definition, someone has to place the affiant under oath (or accept the affirmation). Of course, it is not required that the officer giving the oath or taking the affirmation be a notary. It may well be a court clerk, judge, magistrate, or other official authorized to give oaths, depending on jurisdiction. There "should" be some sort of certification that the oath was administered or the affirmation taken. But, "should" does not mean "shall".
Never drive any faster than your guardian angel can fly.
I am not an attorney licensed to practice law in the State of Florida,
and I may not give legal advice or accept fees for legal advice.
Visit us online at http://www.PAWnotary.com |
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BobbiCT
Connecticut
135 Posts |
Posted - 03/12/2009 : 09:26:13 AM
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Depending on the state you are in, document text, and prior case law, an "affidavit" or "un-notarized" document can be as binding without formal notarization before a notary public as with it. In the past few years, many Connecticut forms (including Probate Court forms) now contain text that eliminates the need for notarization. It is just as enforceable, but no $5 notary required.
This is the reason I do NOT add any notarization certificates without specific written instructions from the lender or title company.
Bobbi in CT |
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Renee
Michigan
549 Posts |
Posted - 03/12/2009 : 05:13:08 AM
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Key to what Paul said is if there is no indication for either a jurat or an acknowledgement, then there is essentially no indication for any notarization.
In the thousands of loans I've signed, I have never added a notarization UNLESS there was some clear indication for the need, shown below the borrower's signatures. Regardless of there being a venue at the top, or the document being titled as an "Affidavit", or even if the body begins with "Sworn ..." - if there is nothing clearly indicating a notarization is needed, then I don't do it. I have NEVER had it come back to me, post-close.
I know from experience that as a lender, changing any part of a loan document's formatting and/or verbiage can be a complicated & extensive PITA, and the doc TITLE is embedded in many places within the software. It usually means involving attorneys, compliance, software/IT, doc mgmt services, etc.
Removing the indication (cert) for an Affidavit's need to be notarized is often just streamlined to simply removing the bottom half (the cert/indication), leaving the venue at the top sometimes, leaving the verbiage intact/unchanged, leaving the TITLE (including "Affidavit") untouched. IOW, involving as few steps/depts as possible. |
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PWinFL
Florida
469 Posts |
Posted - 03/12/2009 : 04:27:11 AM
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quote:
Originally posted by dfye@mcttelecom.com
Anything with the word "Affidavit" should always be notarized no matter what.
I certainly agree that any sworn statement that is an affidavit would need to be notarized. However, there are many documents prepared by lenders and title companies that have the word "Affidavit" in the title, when in fact, they are not affidavits at all. By definition, an affidavit is a voluntary statement of facts by an individual under oath. The key words to look for in a bona fide affidavit would be "sworn to", "affirmed", "being duly sworn", etc. A notary cannot rely on the title of the document for guidance, but the wording within the body of the document is the key. Further, a notary is not authorized to perform a notarial act unless instructed to do so. An affidavit, or any document, that does not contain notarial instructions (e.g. notary certificate) cannot simply have a jurat (or acknowledgment) attached by the notary. The notary must receive direction as to the type of notarial act by the signer, document custodian, document originator or recipient.
Never drive any faster than your guardian angel can fly.
I am not an attorney licensed to practice law in the State of Florida,
and I may not give legal advice or accept fees for legal advice.
Visit us online at http://www.PAWnotary.com |
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jbelmont
California
3106 Posts |
Posted - 03/11/2009 : 11:19:27 PM
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As a general rule, anything that is normally notarized, or is requested to be notarized, get notarized even if there is no notary certificate wording. You can add ( attach ) a loose notary certificate and fill it out and stamp it, etc.
http://www.123notary.com/notarized.html
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dfye@mcttelecom.com
New Hampshire
681 Posts |
Posted - 01/12/2007 : 10:18:16 PM
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Anything with the word "Affidavit" should always be notarized no matter what. Depending on the lender, the other two documents do not always need to be notarized.
quote:
They do have a line requesting the state and county as well as the notary public's signature.
Since the partial wording for a notary is there, you should notarize the documents. Put in the notarial certificate yourself.
Legal Eagle Para Professional Services |
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n/a
California
4 Posts |
Posted - 01/12/2007 : 3:11:59 PM
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Hello,
I am a fairly new Notary Signing Agent in California and have a question. I noticed that one of the loan packages that I received have the following three documents: Please note that these documents will be filed in state.
Legal Signature Certification
Name Affidavit
Correction Agreement – Limited Power of Attorney
These documents do not contain a complete notarial wording: They do have a line requesting the state and county as well as the notary public's signature. Am I supposed to notarize these documents although they do not contain proper notarial wording for an “All-purpose Acknowledgment” and/or "Jurat" wording? Or I am supposed to just sign without notarizing? Or am I supposed to attach a separate certificate? Or just leave them alone?
Thank you in advance for your help!
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To notarize or not to notarize?
