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TX Non Homestead Affidavit
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TX Non Homestead Affidavit
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Posted by Shoshana/AZ on 8/11/10 9:31am
Msg #348488

TX Non Homestead Affidavit

Borrower only signed once. They want both notary certs completed. I never did that before. Is is kosher?

Reply by Linda_H/FL on 8/11/10 9:59am
Msg #348490

Check your own laws...that's what applies...

Are you allowed under AZ notary law to complete two certs for one document....

Reply by PAW on 8/11/10 10:18am
Msg #348494

Assuming that there is one acknowledgment and one jurat, then yes, you need to complete both. They are two separate and distinct notarial acts for different purposes. It's not very common that you see both on one document, but it does happen.

Reply by Hugh Nations Signing Agents of Austin on 8/11/10 10:43am
Msg #348498

Execute them both

I get packets where there will be many documents that carry both jurat and acknowledgment. For certain lenders, in fact, that is the norm, not the exception. I have always judged that including both was not the result of some legal decision, but instead just the opposite: The lawyer/preparer who drew up the documents did not know how each was used, so he/she just slapped both of them on.

Unfortunately, that seems to be how many of the documents wind up in packets. Same document but different format -- include them both. Catchall document with all kinds of borrower declarations vs several documents with individualized declarations -- no need to exercise any discretion by deciding which to include, just dump them all in the packet. Lender and title company both think a document needs to be included, both send it.

Too bad the paperwork reduction act did not apply to private enterprise.

Reply by Shoshana/AZ on 8/11/10 11:08am
Msg #348502

Thx Paul and Hugh. n/m


 
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