Posted by BrendaTX on 10/13/04 2:32pm
Msg #9775

Notary Certificate Malfunction

SIGNATURE AFFIDAVIT

STATE OF TX
COUNTY OF

My name is Larry Darryl Darrell.
This is my official signature.

____________________.


I certify that Larry Darryl Darrell appeared before me and signed his name above.

My commission expires:
Name Printed.

SEAL

Reply by BrendaTX on 10/13/04 2:46pm
Msg #9777

Re: Notary Certificate Malfunction to correct

I drew a signature line for him to sign, performed the oath, attached my own certificate that was proper for my state for affidavit.

In case any newbies wonder why I did not do it like it was, the affiant was making a statement, but did not actually sign his statement until there was another line and signature.

The notary language was incorrect for Texas and there was no venue or signature line, or place for a date.

I have another one from today's adventures, but I need to make sure I know what I am talking about and not lead anyone astray first.

It's the first time I have run into this one and I want to look into it first.

Reply by PAW Notary Services on 10/13/04 4:19pm
Msg #9784

Re: Notary Certificate Malfunction to correct

Brenda, I'm at a loss as to why you would attach a jurat to that document. There was no indication that the signer was swearing (or affirming) to anything. Actually, just a statement that the signer is the one who signed the document, which would then take an acknowledgment.

Since there was no notary certificate presented, and no real indication of what was intended, the document author, custodian or recipient would need to direct you as to what certificate to use.

Sometimes, it is obvious from the wording in the document what is required, but others, such as what you presented, offers very little in the determination.

You seemed to have assumed that the person signing the statement was an affiant because the title of the document said "Affidavit". I submit that was an error in judgment because the title has little bearing (if any) on what the document is.

Fortunately, in Florida, we are guided to look for key words. If the document doesn't state "sworn" or "affirmed" or "under oath" or "acknowledged", we must ask what type of certificate is required.

Reply by BrendaTX on 10/14/04 8:36am
Msg #9813

Re: Notary Certificate Malfunction to correct

Paul,

"Brenda, I'm at a loss as to why you would attach a jurat to that document."

Why didn't you just ask me? You assumed that I got no direction. You are incorrect.

I would count it a great courtesy if, in the future, you would clarify that I was breaking all the rules before you assume that I have and post the same.

I was busy, I did not go into the he said - she said. I cannot take the time to give details now. Got to go.

Thank you.
Brenda

Reply by PAW Notary Services on 10/14/04 11:23am
Msg #9815

Re: Notary Certificate Malfunction to correct

What else was I to assume. You simply posted what I assumed to be a document that was presented to you for notarization:
----------------------------------------------
SIGNATURE AFFIDAVIT

STATE OF TX
COUNTY OF

My name is Larry Darryl Darrell.
This is my official signature.

____________________.


I certify that Larry Darryl Darrell appeared before me and signed his name above.

My commission expires:
Name Printed.

SEAL
-------------------------------------------------------

And then stated:

-------------------------------------------------------
I drew a signature line for him to sign, performed the oath, attached my own certificate that was proper for my state for affidavit.
...
The notary language was incorrect for Texas and there was no venue or signature line, or place for a date.
--------------------------------------------------------

From what you posted in the first post, there was a venue and a signature line, though nothing else to indicate what was needed. You gave no indication that there was more information to be had, so I could only work with what you offered. Had this been real-time dialog, then maybe things would be different, but I didn't have much to work with from the get-go, since you didn't provide all the details.

I apologize for jumping the gun.

Reply by HisHughness on 10/13/04 6:40pm
Msg #9792

Brenda, did that certificate by any chance have, at the bottom, wording such as:

"A product of Texas A&M University"?

Reply by BrendaTX on 10/13/04 11:56pm
Msg #9806

Which one?