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Re: No clear cut answer, IMO
Posted by  JanetK_CA of CA on 7/27/11 12:52am Msg #391487
OK. I just re-read your post and I stand by what I said. (BTW, did you read MY post?) I think you may be over thinking this a bit.

First, you indicated that this is an example of an oath that you would administer: "Do you solemnly swear or affirm that you are Jane D. Smith, also known as JD Smith, aka Jane Smith, aka Jack Smith?" In my opinion, you are mixing up the content of the document with the oath for the jurat. Does your statement encompass the entirety of what is stated in the document? Aren't they supposed to swear that the whole thing is true?

Secondly, in your statement above, you seem to be confusing our duties as a signing agent with a notarial act. As an NSA, of course we should help people to properly complete a Name Affidavit, to use your example, including examining it carefully for accuracy. But I believe incorporating a part of the content of the document into the wording of your oath is crossing a line.

Finally, if you want to put that fine a point on the order of the words in the notarial certificate, you actually have it wrong - at least for California. Here's the current required jurat wording for the state where most of the folks in this thread are from (if memory serves):

"Subscribed and sworn to (or affirmed) before me on this _____ day of _______, 20__,
by _______________________, proved to me on the basis of satisfactory evidence to be
the person(s) who appeared before me."

Cut and pasted from our Notary Handbook. If you look closely, you'll see that the "sworn to..." part comes after the "Subscribed" part... Wink Do I think the order matters? Not really. If someone looked it over more closely after they signed it and changed their mind, we swap out their copy or fix it, or tear it up. I don't sign and stamp until the oath is completed and I imagine that's the case for any other notary who has a clue. The content is right there for them to read at any point, so I see no deception involved, either. (It's not like we're going to grab it out of their hands once it's signed and say "gotcha"!)

Or am I just not understanding your point?

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Messages in this Thread
 I found out why the title company had to shred the -  snoopdogMs on 7/26/11 8:32am
 Unbelievable... n/m -  Linda_H/FL on 7/26/11 8:35am
 OMG! IMO it's too bad we're not licensed, so that some of -  MW/VA on 7/26/11 8:58am
 Maryland requires a license, thank goodness :) n/m - BossLadyMD on 7/26/11 10:14am
 Re: Maryland requires a license, thank goodness :) - A S Johnson on 7/26/11 10:27am
 Re: Maryland requires a license, thank goodness :) -  MW/VA on 7/26/11 8:57pm
 Re: I found out why the title company had to shred the -  Riley/FL on 7/26/11 9:06am
 I've used that phrase and have no qualms about it -  Linda_H/FL on 7/26/11 9:13am
 Re: I've used that phrase and have no qualms about it - A S Johnson on 7/26/11 9:20am
 Re: I've used that phrase and have no qualms about it -  Notarysigner on 7/26/11 9:25am
 Re: I've used that phrase and have no qualms about it - Jules/CA on 7/26/11 7:34pm
 I would never use that phrase, it diminishes our role. -  janCA on 7/26/11 9:24am
 IMO that doesn't diminish the role if put in the proper -  Linda_H/FL on 7/26/11 9:29am
 Re: IMO that doesn't diminish the role if put in the proper -  JanetK_CA on 7/26/11 1:28pm
 Re: I've used that phrase and have no qualms about it -  Riley/FL on 7/26/11 2:12pm
 mentoring is an absolute must, WOW! n/m -  Notarysigner on 7/26/11 9:29am
 Re: I found out why the title company had to shred the -  Les_CO on 7/26/11 9:48am
 Disagree...major reason for faxbacks is - Lee/AR on 7/26/11 10:26am
 Re: Disagree...major reason for faxbacks is - A S Johnson on 7/26/11 10:29am
 Re: Disagree...major reason for faxbacks is -  Les_CO on 7/26/11 11:23am
 Re: Disagree...major reason for faxbacks is - Lee/AR on 7/26/11 11:42am
 I think I could do make that determination in 60 sec.. -  Notarysigner on 7/26/11 12:13pm
 Re: I think I could to make that determination in 60 sec.. -  Notarysigner on 7/26/11 12:15pm
 What really just rubbed my fur backwards was -  snoopdogMs on 7/26/11 1:33pm
 Ouch, snoopdog! - GOLDGIRL/CA on 7/26/11 1:57pm
 Apparently, they only follow Hallmark's motto... - Lee/AR on 7/26/11 2:23pm
 Brilliant, JD! - GOLDGIRL/CA on 7/26/11 1:38pm
 Meant to say ..... - GOLDGIRL/CA on 7/26/11 1:49pm
 Re: Meant to say ..... -  JanetK_CA on 7/26/11 2:58pm
 Re: Brilliant, JD! -  LKT/CA on 7/26/11 2:02pm
 Re: Brilliant, JD! - Lee/AR on 7/26/11 2:06pm
 You're hired, Lee! n/m - GOLDGIRL/CA on 7/26/11 2:26pm
 Re: You're hired, Lee! -  LKT/CA on 7/26/11 2:35pm
 Re: You're hired, Lee! -  jba/fl on 7/26/11 5:49pm
 Re: You're hired, Lee! -  LKT/CA on 7/26/11 6:04pm
 Re: Brilliant, JD! -  LKT/CA on 7/26/11 2:27pm
 To Add -  LKT/CA on 7/26/11 2:32pm
 I see your point, LKT, but .... - GOLDGIRL/CA on 7/26/11 2:57pm
 Agree with GG - S Peterson on 7/26/11 3:19pm
 Re: Agree with GG -  LKT/CA on 7/26/11 3:33pm
 Re: HUH?!?!?!? - S Peterson on 7/26/11 3:47pm
 No clear cut answer, IMO -  JanetK_CA on 7/26/11 3:52pm
 Re: No clear cut answer, IMO - S Peterson on 7/26/11 4:06pm
 Re: No clear cut answer, IMO -  LKT/CA on 7/26/11 4:28pm
 Re: No clear cut answer, IMO -  JanetK_CA on 7/27/11 12:52am
 GOLDGIRL is correct!! -  LKT/CA on 7/26/11 4:10pm
 That's why I say "cover yourself" As has been - S Peterson on 7/26/11 4:22pm
 Re: GOLDGIRL is correct!! -  Notarysigner on 7/26/11 4:25pm
 the first thing I do when I come to a jurat -  SheilaSJCA on 7/26/11 3:18pm
 Perfect, Sheila!! LOL!!!! Yes, you're hired! ;>) n/m -  JanetK_CA on 7/26/11 3:56pm
 Oh boy....If you give them an oath and -  Notarysigner on 7/26/11 4:14pm
 Re: the first thing I do when I come to a jurat -  LKT/CA on 7/26/11 3:58pm
 Sheila, your reputation precedes you .... - GOLDGIRL/CA on 7/26/11 4:50pm
 Re: Sheila, your reputation precedes you .... -  SheilaSJCA on 7/26/11 6:04pm
 Re: Disagree...major reason for faxbacks is -  Les_CO on 7/26/11 2:05pm



 
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