Posted by Melody, OK on 8/6/04 12:52pm
Msg #5617

wording??

I have a closing tomorrow with At-Home Closings and on one of the documents, the company told me to sign and put my seal, but it was not originally on the document as a requirement. Because it wasn't pre-printed, what acknowledgment do I need to put on it? It is the note that doesn't have it on there for me, but does have a place for the borrower to sign. I appreciate any help you all can provide! By the way, I am in Oklahoma.

Reply by PAW Notary Services on 8/6/04 1:08pm
Msg #5622

Unless you are specifically directed as to what type of certificate to attach, if none is present, you cannot decide for yourself. The owner or custodian of the document must direct you to attach and acknowledgment or jurat. And typically, notes do not get notarized. Without a certificate, you cannot affix your signature and seal.

Reply by Melody, OK on 8/6/04 1:27pm
Msg #5627

Well, in this case, the documents came highlighted where I am to notarize and stamp my seal. I was instructed to put my seal and date it on a page where they just wrote seal across a white space. The borrower is to sign above that. I called the company and they said that if there isn't something pre-printed then I need to either write out the acknowledgment or attach a separate paper with the acknowledgment, seal and signature. This is what I was thinking they wanted. Please tell me if this sounds appropriate for that document.

SWORN TO AND SUBSCRIBED BEFORE ME THIS _____ Day of _____________
_____, 20_____.

_______________________________

Notary Public in and for the State of __________________, County of ______________.

My Commission Expires: ___________________

Reply by CA_Notary on 8/6/04 1:33pm
Msg #5628

You don't already carry around blank acknowledgements and jurats? Get some, every notary should have them.

Reply by Melody, OK on 8/6/04 1:35pm
Msg #5629

No, I haven't acquired any yet since this is my first job to do. I am going to place an order though! I guess my next question would be how do I decide which ones to use? In Oklahoma they aren't very specific and just give examples of ones to use. Thanks!

Reply by CA_Notary on 8/6/04 1:38pm
Msg #5630

There shouldn't be multiple choices. The acknowledgement wording requirements vary from state to state, so be sure you get the right one for OK. And a jurat is a jurat.

Reply by Melody, OK on 8/6/04 1:43pm
Msg #5631

OK, well, would it be correct to use the one labeled acknowledgment in an individual capacity for a refinance loan closing note? The other choices they give us are "acknowledgment in a representative capacity", "for verification upon oath or affirmation", "for witnessing or attesting a signature" and "for attestation of a copy of a document". THat is what I meant by lots of choices. THroughout the paper work for this closing, the wording changes from more of an oath to the original one I posted in this message:
SWORN TO AND SUBSCRIBED BEFORE ME THIS _____ Day of _____________
_____, 20_____.

_______________________________

Notary Public in and for the State of __________________, County of ______________.

My Commission Expires: ___________________

Reply by CA_Notary on 8/6/04 1:49pm
Msg #5633

What you're posting is a jurat, not an acknowlegement.

I don't know the state laws of OK, but in California it's the same acknowledgement wording every time.

The simplest and best thing to do is contact the signing service or title company and ask them exactly what they want you to use. You won't look stupid to them if you ask them to clarify it for you, but you might look stupid to them if you end up sending them the wrong form.

Reply by PAW Notary Services on 8/6/04 2:51pm
Msg #5637

What you provided is a jurat. What they asked for is an acknowledgment. According to the OK Notary Guide, the following should be used:

1. For an acknowledgment in an individual capacity:

State of
County of

This instrument was acknowledged before me on (date) by (name(s) of person(s)).

(Signature of notarial officer) (Seal, if any)
Title (and Rank)
(My commission expires: )
(My commission # )

Reply by Melody, OK on 8/6/04 3:29pm
Msg #5641

At the risk of sounding ignorant, what is the difference between an acknowledgment and a jurat? On the back of the flyer we get with our commission, it lists all those that I listed on here as acknowledgments with no mention of jurats. I appreciate anything you can share with me as I am in an area with a strong demand and want to do a good job at this!

Reply by HisHughness on 8/6/04 3:39pm
Msg #5642

Melody asked:

***At the risk of sounding ignorant, what is the difference between an acknowledgment and a jurat? On the back of the flyer we get with our commission, it lists all those that I listed on here as acknowledgments with no mention of jurats. I appreciate anything you can share with me as I am in an area with a strong demand and want to do a good job at this!***

At the risk of really raining on your parade, Melody, if you have to ask something as fundamental to being a notary as the difference between a jurat and an acknowledgement, you simply are not qualified right now to be doing notarizations, especially those involving loan closings. You're talking about jeopardizing what for most people is their major personal investment.

That is not to say that you cannot become qualified, and that you can't become qualified in a relatively brief time. But you are >>not<< qualified right now. You need to take a signing agent course before you go out on any other closings, and I would urge you to do so.

Reply by CA_Notary on 8/6/04 5:46pm
Msg #5651

I agree with Hugh. But I'm sure I would have said it much less eloquently.

Reply by PAW Notary Services on 8/6/04 4:48pm
Msg #5648

I suggest that you find a basic notary class if you can. Even the NNA if you have to. I also understand that the OK Notary Guide certainly leaves a lot to be desired and isn't a good educational tool.

Basically, you TAKE an ACKNOWLEDGMENT, where the signers are acknowledging certain actions have, are or will take place. They must appear before you, state that they signed the agreement to those actions (acknowledging their signature) and that they did so on their own free will with complete understanding of the document.

You GIVE an OATH (or affirmation) by swearing in the borrowers, who then swear (or affirm) to the truthfulness of the statements in the document. Again, the signers must appear before you, you must PUT THEM UNDER OATH, and then they sign the document as their attesting to the facts as being true. You then complete the jurat, where you state the signers swore to or affirmed the facts before you. Then you sign your name to the certificate and place your seal (impression or stamp) on the certificate.

Reply by Lisa/OK on 8/7/04 12:42pm
Msg #5701

Melody, what area of Oklahoma are you in?

Reply by Julie-MI on 8/6/04 8:27pm
Msg #5671

Don't forget the venue

it was missing from your example of a jurat.

Reply by BrendaTX on 8/6/04 9:26pm
Msg #5673

Re: Don't forget the venue

Just another bit of notary minutia that bugs me a little...Speaking of venue... why are so many documents drafted without it?

If I go by the information provided by my SOS in the educational materials provided with my commission it has to be there, so, of course, I write it in as necessary. This was a new thing for me when I began signing loans--the venue being left off. Just curious.

Reply by Fran874 on 8/6/04 6:30pm
Msg #5656

I think you can just add a General Acknowledgement to the document and fill in the bottom of it to state which document it is attached to.