Posted by Bernice/CA on 11/28/06 3:53am
Acknowledgment & Jurat Language
Today Iím doing a signing and the lender is World Savings. I noticed that the notary verbiage on the Owners Affidavit, Limited POA and Survey Affidavit read:
State of CALIFORNIA
County of: LOS ANGELES
The foregoing instrument was acknowledged before me this November 28, 2006 by John Doe who is/are personally known to me or who has/have produced a drivers license(s) as identification and who did not take an oath.
CA Notaries, would you consider this an Acknowledge and replace with the All Purpose Acknowledgement?
On the Wire Authorization it says:
State of _________ County of _______ On ______ Before me the undersigned, a Notary Public in and for said State, personally appeared __________________ personally known to me or proved to me on the basis of satisfactory evidence.
CA Notaries, would you consider this a Jurat and use the Jurat Stamp on the document?
Thanks in advance for your assistance.
Reply by Kiso on 11/28/06 4:20am
Both are acknowledgements, just attach your own. I do that, when in doubt. Those really aren't proper verbiage for CA.
Reply by Gary_CA on 11/28/06 8:53am
If I had the slightest doubt I'd just attach and blame our Sect of State... by the way, have met Bruce McPherson and dealt with his staff when he was Lt. Gov... a truly good guy.
If it's borderline, who's going to argue with you for using the official language... CYA.
Reply by JanetK_CA on 11/28/06 4:51pm
Is this for a California property? If so, you MUST replace the verbiage to that acceptable here in CA, regardless of the type of notarization. If in doubt as to whether it is an Ack or jurat, you should ask your client, not other notaries, as we are prohibited by law to make that decision - and I would presume that would include getting an opinion from a third party.
I also recommend you go back and study your state handbook thoroughly. You should especially know the sections about acknowlegements and jurats inside out. This is critically important!! One of our key responsibilities as a notary is to recognize what is acceptable language in a notary cert in our state and know how to deal with it when it isn't. (BTW, I didn't see any language that would indicate a jurat to me in either example, i.e. "subscribed and sworn"...) And if the documents are for another state, a jurat still has to conform to CA requirement, where applicable. Again, this is something you MUST be comfortable with as a notary.