Posted by HisHughness on 2/11/05 2:09pm
Msg #20248

Strange out-of-state closing

I just had a strange strange closing.

It was on a piece of residential income property in New York State; the owner lives in Texas. On every notarization, I was instructed to disregard the certification preprinted on the document and fill out an attached certification that contained "Texas wording." The thing is, of the thousands of Texas notarial certifications I have done, none was like the one provided. Further, for every ceritification, the lawyer who prepared the documents provided an acknowledgement, regardless of whether the preprinted New York certification was a jurat or an acknowledgement.

Can anyone give me some insight?

Reply by Dave_CA on 2/11/05 3:26pm
Msg #20272

Assuming a NY lawyer, perhaps he was concerned about UPL in Texas.

Reply by BrendaTX on 2/11/05 3:43pm
Msg #20276

Hugh: *fill out an attached certification that contained "Texas wording." The thing is, of the thousands of Texas notarial certifications I have done, none was like the one provided. *

If I am understanding your question right, as to the ack he attached....If it's not substantially like ours, Hugh, I would attach my own with the wording from the handbook....JMHO. BTW, I have our handbook online at http://www.texnotary.com/texnotaryedu.htm

However, since you mention New York... the other day I did a Chase HELOC and on one document, it had a jurat for all states EXCEPT for New York, which required a certificate which had ACK wording.

Maybe a New Yorker can chime in.

Reply by HisHughness on 2/11/05 4:20pm
Msg #20281

Brenda suggests:

***If it's not substantially like ours, Hugh, I would attach my own with the wording from the handbook.***

The wording of the acknowledgement was not the problem, Brenda. As you are aware, Texax does not put a straitjacket on the wording for either a jurat or an acknowledgement; as long as it has the >>required<< items, it will get the job done. The problem was that the attorney's office had substituted acknowledgements for jurats throughout. I did an entire closing without one jurat.

I thought about it, and called the attorney's office to ask if they wanted me to make another trip with jurats in hand. The woman who prepared the packet did not even know the difference between a jurat and an acknowledgement. She said that's all they ever use.

Bottom line: I done my dooty. I have a clear conscience. Well...if I >>have<< a conscience, I'm pretty sure it is clear.

Reply by BrendaTX on 2/11/05 4:34pm
Msg #20282

Yep - I'd say you've done the job, too. Maybe NY only uses one all-purpose certificate.

This is interesting.

Reply by HisHughness on 2/11/05 5:35pm
Msg #20291

Brenda muses:

***Maybe NY only uses one all-purpose certificate.***

I had the same idea, except none of the acknowledgements recited that an oath was taken or that the document was signed before the notary.

Reply by Teasa/NY on 2/12/05 9:35am
Msg #20364

What was the one document?

Reply by Tom on 2/11/05 8:06pm
Msg #20317

I've done both Chase and CitiBank signings where the package contained notarial wording for all states except NY and a seperate notarial wording for NY. Can't remember if any of the "other state" jurats were acks for NY or not. Guess NY has some rules that are different from the rest of the civilized world.

Reply by Teasa/NY on 2/12/05 10:06am
Msg #20367

The acknowledgement (certifying to identity and execution of document) language for NYS is different to what I have seen for many other states. Therefore, the NY language has to be attached to the applicable doc. (mortgage, some ID forms). The jurat language (Subscribed and sworn before me the day of)(administration of an oath to the affiant) I would think would be on all affidavits and not an acknowledgement. I have seen language just a tad different from NY Jurat language on affidavits when I have closed for NY property but affidavits prepared by out of NYS title company. I used to close for a RI bank that would put NY (for NY property) acknowledgment language on a name affidavit and no matter what we said to them they would not change it. Anyway, I hope I have not muddied the waters and am understanding the situation, but all affidavits should have jurat language so I don't know what all those certificates were for.