Posted by Randy Rai on 7/10/12 4:48pm
Msg #426275

Notarial Verbiage

If their is no notarial verbiage on the document, do you allow the client to decide if they want a jurat or acknowledgement? If they don't have a clue what your talking about what is the best way to advise them?

Reply by Frenchie/TN on 7/10/12 4:53pm
Msg #426276

If THERE is no notarial verbiage you cannot "advise" them. You show them a jurat and an acknowledgment and tell them to read them and decide which is most appropriated to the situation.

Reply by Sylvia_FL on 7/10/12 5:09pm
Msg #426280

Just let them know the jurat requires them to swear to facts in the document and the document must be signed in your presence and an acknowledgment requires them to acknowledge that they signed the document.

Reply by Marian_in_CA on 7/10/12 5:33pm
Msg #426284

"If their is no notarial verbiage on the document, do you allow the client to decide if they want a jurat or acknowledgement?"

Uhm, you MUST allow them to choose. You're not allowed to choose for them. It's your job to describe the difference to them and then let them decide. Most of the time, they'll never understand anyway...even after you describe the difference. Just make sure that they understand that one is done under oath, signed in your presence and they are swearing to the contents of the document. The other is simply a verification that they signed something, and claimed the authority to sign it.

A lot of the time, they'll ask, "Well, which one is better?"

You're not allowed to advise them on that matter. It's tricky.

Reply by Lavergne Manuel on 7/10/12 8:17pm
Msg #426314

A Jurat has to do with truthfulness and the Acknowledgement has to do with Contracts, Agreements, etc... It might be easier for them to decide between that.

Reply by LKT/CA on 7/10/12 8:25pm
Msg #426315

<<<....... the Acknowledgement has to do with Contracts, Agreements, etc... >>>

Huh?!?!?!?

Reply by Linda_H/FL on 7/10/12 8:26pm
Msg #426316

Took the words right out of my mouth....huh?? n/m

Reply by Lee/AR on 7/10/12 8:57pm
Msg #426325

That's a decent 'take' on them. Until they get in the hands of a lender or tc, then all bets (& sense) are off. Mortgages are a contract/agreement and are always Acks.

Reply by Lavergne Manuel on 7/10/12 10:44pm
Msg #426336

Kathleen Butler (American Society of Notaries) Signer acknowledges he/she signed the document for it's intended purpose. Document usually refers to Contracts, Agreements, POA's etc.....

Reply by KODI/CA on 7/10/12 11:44pm
Msg #426341

Randy, how on earth did you get your notary commission in California if you do not know the answer to your own question. This is not even basic notary 101.