Posted by Jeremy Brown on 4/22/08 8:29pm
Msg #244613

Jurat and Acknowledgement Verbiage on same Doc.

There is Jurat and Acknowledgement Verbiage on same Doc. What do i do?

Reply by sue_pa on 4/22/08 8:32pm
Msg #244615

Oh, I don't know ... perhaps notarize them?

Reply by Jeremy Brown on 4/22/08 8:40pm
Msg #244622

thanks smart ass.

Reply by LKT/CA on 4/22/08 8:47pm
Msg #244623

Sent you a P/M n/m

Reply by LKT/CA on 4/22/08 8:39pm
Msg #244621

If they are compliant with CA wording, notarize them and put stamp near EACH. If the wording is not compliant with CA wording, attach an Ack and Jurat certificate.

Reply by dickb/wi on 4/22/08 8:56pm
Msg #244624

i have never known a doc to have both.....it's usually 1 or.

the other.....you need to check with title or the lender and see which they would prefer.....when i said i have never known a doc to have both i meant to have both executed.

Reply by BrendaTx on 4/22/08 10:09pm
Msg #244631

DickB...I see it all the time...ack and jurat on same doc-

ument.

Suppose it is an affidavit which needs to be recorded?

The affidavit requires a jurat. The county clerk wants to see an ack.

Reply by LindaD/NJ on 4/22/08 8:58pm
Msg #244625

Is it from LSI and is it a Wells Fargo? If so I had the same thing.The Jurat as LSI told me does not belong on the paper. Was put on for a single loan and they forgot to take it off.

Reply by LKT/CA on 4/22/08 9:06pm
Msg #244630

For signings I do for TX properties, I see it alot. I notarize them both. Have never had a problem.

Reply by LindaD/NJ on 4/22/08 9:02pm
Msg #244627

I also sent you a pm n/m

Reply by Hugh Nations Signing Agents of Austin on 4/22/08 11:52pm
Msg #244637

Certain Texas loan documents often have both a jurat and an acknowledgement. In fact, on occasion I have seen a single notarization in which the signer swears, subscribes to the instrument and acknowledges the signature. Texas, though, is notoriously loose about what is required for notarization.

Reply by Gerry_VT on 4/23/08 6:55am
Msg #244646

Why both?

There is a logical reason there might be both a jurat and acknowledgement certificate for a document. They serve a different purpose. When a signer takes an oath, he's swearing that the document is true. When he acknowledges a document, he says he want's to be bound by the terms of a contract. Suppose my partner and I execute a deed transfering our joint property to just me. Suppose I know there is an error in the legal description, but can't afford to have a survey done to fix it. So I want to agree to the contract, but I don't want to swear it's true, because it isn't. If someone needed assurance that the contract is both true and agreed to, they would require both a jurat and an acknowledgement certificate.

Reply by Sandra Clark on 4/23/08 10:31am
Msg #244690

The few times I have seen both on same page, the ack. was a California ack and the jurat was for other areas. I used jurat

Reply by BrendaTx on 4/23/08 10:38am
Msg #244692

Sandra - - why didn't you complete both notary certitifcates n/m

Reply by BrendaTx on 4/23/08 11:46am
Msg #244697

Not referring to Jeremy's post but to this subject in

general: When there's both a jurat and an acknowledgment.

Why wouldn't you simply complete both certficates?

Why would you think it was your responsibility to decide on one or the other?

Does any state's rules say: You cannot have a jurat and acknowledgment on the same document?

The reason you'll see this on the same document from time to time is because it is an affidavit which needs to be recorded. You need an acknowledgment to make the recording people happy. So, before you decide to pick one and move on please consider that you are leaving the notarization incomplete if you do not compete both certificates.

Reply by Sandra Clark on 4/23/08 11:56am
Msg #244700

Re: Not referring to Jeremy's post but to this subject in

Because at the top of both ack and jurat it stated "California Loans" and the jurat stated "all others" so the decision was made for me. Hope that answers your question

Reply by BrendaTx on 4/23/08 12:08pm
Msg #244702

Got it! Thank you. n/m