Posted by Melissa Stroh on 9/16/13 1:40pm
Msg #484795

Texas T47 Affidavit

If you've ever seen one, you'll notice there's no venue and no indication of how you proven identification. But of course the notary signature and seal are required on that page. So I will attach a loose jurat but my question is, do I sign and seal the affidavit on the T47 aff?

Reply by Judy/TX on 9/16/13 1:45pm
Msg #484796

Hi Melissa - I always sign and seal the T47 and always be sure that if no major home improvements, etc., have happened since the BO began the loan process, that they print NONE in the appropriate place.

Reply by Melissa Stroh on 9/16/13 1:54pm
Msg #484798

Thank you! Do you attach a loose jurat, too?

Reply by Judy/TX on 9/16/13 6:26pm
Msg #484810

Melissa - No I don't. Since I stamp and sign the T47, I don't particularly want a loose ack with my signature and stamp. No one has ever sent a T47 back or questioned me about this and I have been doing this for 6-7 years. As you know, every Texas refi has this document.

Reply by Melissa Stroh on 9/16/13 3:46pm
Msg #484804

when affidavits don't verify identity...

The T47 doesn't verify the identity, do I attach a loose verification form? I have seen jurats that verify info and jurats that don't. I know the T47 is not satisfactory as it is, i just need to know what to attach to it and out of curiosity, why are these forms notarized as is? From what I can tell, the notarization is not complete if the affidavit doesn't include the venue and doesn't state that the identity of the affiant has been verified.

Reply by JENNY/TX on 9/16/13 4:20pm
Msg #484806

Re: when affidavits don't verify identity...

Melissa,

Fill in the venue. Also fill in the signers name. I make it fit on the T47 itself so as not to have another piece of paper to get lost. I do these all the time. Below is an example from the SOS of Texas.


State of Texas
County of _______________

Sworn to and subscribed before me on the __________ day of _______________, (year), by (name of signer).


(Seal) ______________________ Notary Public's Signature

Reply by Lee/AR on 9/16/13 4:18pm
Msg #484805

to further confuse you

found this:
http://activerain.com/blogsview/3317787/what-is-this-property-affidavit-that-the-buyer-is-requesting-


Looks to be a jurat at the bottom...only venue is missing. (What do I know, I'm in Arkansas~~)

Reply by JanetK_CA on 9/16/13 4:24pm
Msg #484808

Re: to further confuse you

I see a fair number of those myself, as apparently lots of Californians have bought property in Texas - especially during the boom years. Now some of them are selling. For any CA notaries coming across this form, a loose jurat would need to be attached with the correct verbiage required on all CA jurats. Hopefully that goes without saying...

Reply by BrendaTx on 9/16/13 7:08pm
Msg #484811

Re: Texas T47 Affidavit - Melissa - Please read my answers.

I. "How signer was IDed" does not go in Certificates--not required:

In Texas we do not have rules that say we have to put that kind of info in a certificate...I am referring to your remarks about how the notary has proven ID.

Texas does not require that in an affidavit...in fact, only the LONG FORM *acknowledgment* references the ID...and the LONG FORM is not even required. The short form is perfectly acceptable.

II. Standard Jurat Form:

Go to the sos website and pull down this set of sample forms:
http://www.sos.state.tx.us/statdoc/forms/edinfo-sample-forms.pdf

The Jurat says:


State of Texas
County of _______________

Sworn to and subscribed before me on the __________ day of
_______________, (year), by (name of signer).

(Personalized Seal) Notary Public's Signature

III - Venue

Yep, you need a venue on the T47. The document preparer intended for the document to be signed in the same venue in which the property is located, but it is not like that much of the time (as we know). When it is not, all you need to do is neatly write right above the Jurat language:

State of Texas §
County of Abcdefg §


IV - Never attach a loose certificate of any type when a certificate just needs a VENUE or a minor adjustment to the certificate language. The T47 has a perfectly fine certificate if it is the same as the standard form:
http://www.tdi.texas.gov/title/documents/formT-47.pdf

V - NEVER decide on your own to change the type of certificate that you will execute [unless you are an attorney].

It does not matter what the affidavit says, if there is a jurat attached to it, go ahead and go with a jurat form.

IF there is an ACK and a jurat attached to it, execute both of them.


=====
I would be interested about your training regarding the statements you have made. You sound like you are amazingly careful to follow rules, but I don't understand the rules you're suggesting exist. Do I need to be enlightened?

Reply by anotaryinva on 9/16/13 7:23pm
Msg #484812

What ever you do don't record the specifics of their ID

Do you remember Anna Nicole Smith? I do, I was a nearly new notary, had a couple of years under my belt and went on TMZ. They had copies of aff's on their website that gave the drivers license numbers of those signing - the numbers were also their social security numbers! Brenda and Hugh might remember I flipped out! One of the aff's was from one of the police officers that was involved in the case, I even called the precinct that he worked and talked to the Sargent, you know being a newish notary I was on a rage...no one seemed to mind but, law got changed within 6 weeks. Score!

Reply by BrendaTx on 9/16/13 8:16pm
Msg #484814

Law says no ID #s in our journal.

That happened a few years ago. However, the ID info has been redacted from the courthouse filings years ago. [Texas]

Good for you for ripping them a good one!

Reply by Melissa Stroh on 9/17/13 8:56am
Msg #484835

Re: Texas T47 Affidavit - Melissa - Please read my answers.

Thank you so much for the clarification. My experience for this past year has been mobile signings and not standard notary work. So I do labor extensively over new documents that need to be notarized and make sure that they are all done properly. My manuals are not clear apparently on what needs to be included.
Thanks again.

Reply by BrendaTx on 9/17/13 7:31pm
Msg #484889

You are very welcome. n/m