Posted by JoanCA on 7/17/05 9:45am
Msg #52777
Signature/Name Affadavit
Twice now I have gotten a set of documents (from different lenders) that do not have a Notary Jurat for the Signature/Name Affadavit. Is this a document that does not require a Notary Jurat now?
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Reply by Just my opinion on 7/17/05 9:58am
Msg #52778
If it doesnt have a jurat or ack wording the answer is NO, but if it has instructions to attach one, just attach one. Hope this will help. Bye!
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Reply by TN Notary on 7/17/05 1:33pm
Msg #52803
Same here. I do not notarize it.
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Reply by Brian/CA on 7/17/05 10:22am
Msg #52779
I have had alot of these. Seems like some lenders trust the borrowers a little more to be honest, generally there is very little in the package to notarize, maybe just the DOT.
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Reply by Roger/OH on 7/17/05 10:40am
Msg #52780
I've had quite a few Signature/AKA CERTIFICATION forms lately. They look very similar to the affidavits, but are actually just the borrowers certifying their sigs/akas, with no jurat.
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Reply by BrendaTX on 7/17/05 11:44am
Msg #52784
To attach/notarize or not to attach/notarize...and more...
If this meets the approval of other experienced notaries, I will put it into thread #33325. It if it does not, let's get it right and put it into the thread so it can be referred to.
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In this post:
Do I attach a loose certificate?
Do I notarize this form?
How do I complete State of ___ / County of ___?
How can I find my notary rules?
How can I learn how to get started as an NSA?
How can I find out about the PCL language for printers that people keep posting about?
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Do I attach a loose certificate? & Do I notarize this form?
Different lenders have different requirements. For all forms in all packages:
If the Jurat is there, and it meets your state requirements, notarize it.
If the Jurat is there, and it does not meet your statement requirements, attach a certificate that does.
If the Ack is there, and it meets your state requirements, notarize it.
If the Act is there, and it does not meet your statement requirements, attach a certificate that does.
If there is no Ack or no Jurat, do not try to notarize it.
You do not do anything except get the form signed if the borrowers are to sign it.
If there is a notary signature line but there is no notary certificate, as a general rule, notaries cannot decide which form to use. You should call the people who hired you to find out. Some experienced notaries say you can allow the borrowers to choose which form to use.
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How do I complete State of ___ / County of ___?
This is also known as the VENUE.
State of _____
County of ___
If you are sitting in the State of Texas in the County of Brazos, Texas, here is how you fill in the form no matter where the property is:
State of Texas
County of Brazos
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How can I find my notary rules?
Here is a place to get your notary rules:
http://www.texnotary.com/tooltime/sos.htm
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How can I learn how to get started as an NSA?
Read the ENTIRE thread starting with message #33325
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How can I find out about the PCL language for printers that people keep posting about?
Read msg #45471
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Reply by Sheila Meinecke on 7/17/05 11:46am
Msg #52785
Nicely Done Brenda! ~n/m~
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Reply by BrendaTX on 7/17/05 11:59am
Msg #52787
Thank you Sheila - Marketing "Fool" aren't you!
Sheila ( who looks like a "caricature" )
I love your picture! I am one of those who always has to check out a new profile - and Gal, you are a great marketer!
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Reply by Ernest_CT on 7/17/05 8:10pm
Msg #52844
Very nice Site, Sheila! Just one major complaint:
The plural of "notary public" is "notaries public". Same form as "Attornies general", "mothers in law", and others where the adjective comes after the noun.
It's a pet peeve. Like "most unique" and other comparitives when there is non possible.
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Reply by SheilaSJCA on 7/17/05 10:19pm
Msg #52865
Re: Very nice Site, Sheila! Just one major complaint:
Thanks. I am glad you pointed that out, I will fix it!
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Reply by Ernest__CT on 7/17/05 10:36pm
Msg #52869
You're welcome! n/m
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Reply by SarahBeth_CA on 7/17/05 12:16pm
Msg #52794
Re: To attach/notarize or not to attach/notarize...and more.
I like your post Brenda. Although I hate to say this. The thread to me is about becoming a successful SA. How to fill out the venue is something you have to know to be a notary and to me falls in the "you should know this before recieving your notary commission" catagory. The Do I Notarize This Form is a must in thread 33325.
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Reply by Melody on 7/17/05 12:42pm
Msg #52797
I think the last 3 topics should be added to thread 33325
Great job, Brenda! Excellent concept; very concise writing!
I think these three topics belong to thread 33325:
"How can I find my notary rules?
How can I learn how to get started as an NSA?
How can I find out about the PCL language for printers that people keep posting about?"
I agree with the other gal who posted a comment: the rest of the topics fall under knowing your notary regulations.
Thanks for posting links to states' notary regulations. What a tedious job!
I agree that the other questions are frequently asked by Greenies. I wish people would stop answering these basic notarial questions on the boards and instead refer the inquirers back to their basic notary rules.
Greenies need to be urged to STUDY their handbooks.
It is more helpful to teach a gal to fish, not give her the little fishies one at a time.
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Reply by Iris Grayson on 7/17/05 1:04pm
Msg #52800
A few suggested additions
Brenda -- great job!
As suggestions for additions:
1) There is one thing I see cropping up on this board frequently enough (and that my quick scanning of the existing threads doesn't seem to cover), the handling of the POA--signatures and initials.
2) Similarly, though I haven't seen it that often since I began reading, would be how to handle the signing of names/initials when there is a Trust involved, with an N.B. to always contact the TC or Lender if not noted elsewhere in confirmation/escrow instructions.
3) In addition, I would emphasize, (time/circumstances permitting) the reading of BOTH Borrower and Lender Escrow Instructions--though intended for the closer, there frequently is buried in there information and/or answers to questions that come up that might be extremely valuable (and often time-saving) for the signing agent to be aware of in advance.
4) Lastly, perhaps a note about all the 'junk' documents that can clutter packages? Based on frequent answers to my questions by the numerous LPOs who helped to educate me, when I am uncertain about something that is included in the Borrower(s)' copy package but I can't find reference to it in the instructions (or SA confirmation) and/or can't reach the SS/TC/Lender to get an answer, I simply have Borrowers initial these as an indication they have seen the document. This could be considered an undesirable practice by some, as it can add time to the signing, but I've never had a package come back because of it nor heard of any adverse effects, either upon the loan or the Borrowers.)
Signing off now! (The 'hyper'-me is certain I've overlooked some frequently-asked things.)
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Reply by PAW_Fl on 7/17/05 8:14pm
Msg #52845
Re: To attach/notarize or not to attach/notarize...and more.
One exception - FOR FLORIDA NOTARIES ONLY -
If the Ack is there, and it meets your state requirements, notarize it.
If the Ack is there, and it does not meet your statement requirements, attach a certificate that does.
Except if they document requires an oath, a Florida Notary Public is directed by statute to replace the Ack with a Jurat:
Pursuant to Florida Statutes §117.03 Administration of oaths – The notary public may not take an acknowledgment of execution in lieu of an oath if an oath is required.
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Reply by Terri - CA on 7/17/05 12:02pm
Msg #52788
I have noticed that Countrywide/Full Spectrum loans no longer require the Signature/Name Statement (not Affidavit) to be notarized. Now, unless the title/escrow company provides you with all kinds of junk Affidavits, then the DOT will be the only doc notarized in their packages.
Remember CA Notaries, just because some lenders have certain docs they want notarized (wording is on the doc), doesn't mean all of them do. If the wording isn't there, and you have not received instructions from lender/title/escrow/hiring company to notarize a doc, then you don't. Conversely, if some wording is there, even if it's wrong or not CA wording, then you must correct the wording, or attach a loose certificate so that the notarization conforms to California Notarial Law. Especially, with the Jurat wording, it must be the new wording. Use a Jurat Stamp or attach a loose certificate.
Terri
Lancaster, CA
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Reply by Glena/NV on 7/17/05 12:14pm
Msg #52793
if it says...
certification....from Countrywide, then the answer is no. There is no need for a Jurat. It used to be an affidavit but they have changed it just recently.
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Reply by JoanCA on 7/17/05 2:16pm
Msg #52807
Re: if it says...
Thank you to those who answered my question directly. The person to person advise/help is great.
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