Posted by art_MD on 12/13/04 11:17am
Msg #13432

Administering oarh

Several time, more than I'd expect, when I asked the borrowers to raise their right hands to take an oath, they were very surprised. They said " this is our xx refi and we've never had to take an oath". This probably happens in over 50% of my closings.

I make sure I administer it everytime in the same words. If I ever got called as a witness in a dispute, I can honestly say " yes, I administered the oath" - and they can call anyone in my records to verify.

Reply by Happy in Fl on 12/14/04 5:40am
Msg #13529

One reply you could consider making is-- "If you went to Court and were to give Tesimony- the requirement is ' Raise your Right hand, and Do you Solemly Swear.....etc etc."

You are correct to require they Raise their hand.... A recent ASN newsletter recomends and even goes one further- that Husband and wife should take oath individually before you-- and cites a case that the husband said in court ' I never said Yes' ..so Notarial Act was rescinded on his part....!

PS. I always Swear in or Take Acknowledgements from EACH individual Seperately--but then again - I have them Sign and one put a Fingerprint in my Journal--- And to date- NO One has protested at all. I take this Stuff very Seriously-- if it wasn't Important- we would not be needed! Florida suggests- but does not require a Notarial Journal or Fingerprint--But I've made it a practice for my own protection- and for any Event in the future where it may be needed.