Posted by Kathi/Az on 4/26/05 11:28pm
Msg #34225

Signature/Name Affidavit stupid question!

I am confused on how to fill out this form. For some reason today I am having a brain fart! The more I look for an answer the less I know. So I thought I would throw it out there.

The secon page of the Signature/Name Affidavit states:

State/Commonwealth of
County/Parish of

Subscribed and sworn (affirmed) before me (DOES MY NAME GO HERE? OR THE BORROWERS?)
this______day of_______._______.


Thanks in advance.

Let the flames fly.

Reply by Happy_in_Fl on 4/26/05 11:35pm
Msg #34227

Borrowers n/m

Reply by Roger/OH on 4/26/05 11:35pm
Msg #34228

I know it's been a long EOM the past several days, but take a moment and think about this, as this form is in just about every loan package you'll ever see.

The borrowers are subscribing and swearing before WHO? NOT themselves, so they must be doing it BEFORE YOU!! OK?

Reply by MaggieMae_CA on 4/26/05 11:38pm
Msg #34229

Okay people... Let's get a consensus here... I say the notary's name goes there... Roger... You're saying the notary's name goes in that spot and FL is saying the borrowers... Anyone else from the peanut gallery with a theory?

Reply by Sylvia_FL on 4/26/05 11:41pm
Msg #34231

Happy is incorrect.

Subscribed and sworn before me, name of notary, by name of borrower

Reply by Kari/CA on 4/26/05 11:44pm
Msg #34237

Totaly agree! You had your chocolate tonight?

Reply by Sylvia_FL on 4/26/05 11:46pm
Msg #34239

Re: Signature/Name Affidavit stupid question!- Kari

No, no chocolate, I am being good <g> Did my work out at Curves

Reply by Kari/CA on 4/27/05 12:41am
Msg #34256

Re: Signature/Name Affidavit stupid question!- Kari

My husband just gave me a box of chocolate from SEE's tonight, just cause he asked me to marry him so many years ago today, (he thinks). I'm not telling him, he asked me to marry him in July.

Reply by Ernest_CT on 4/27/05 12:54am
Msg #34261

If the man gave you See's chocolate, ...

... don't correct him. Until July.

The most cruel thing that my San Diego love did to me in the time we were together was to give me See's chocolate. I miss Terry (she moved to Ireland) greatly, but See's chocolate ... well, that's a major loss.

Reply by MaggieMae_CA on 4/27/05 9:51am
Msg #34302

Re: If the man gave you See's chocolate, ...

Ernest_CT... If you're nice to me... I can send you some See's chocolate... I'm in San Diego ;)

Reply by Happy_in_Fl on 4/26/05 11:57pm
Msg #34245

I get a lot of acknowledements with the borrowers names already typed in by the Title Company.

State of Florida
County of Duval

The foregoing instrument was acknowledged before me this _____day of ______, 2005 by
John D. Doe , Mary J. Doe
who is personally known to me or who has produced _____________________________ as
identification.

_______________________________
Signature

______________________________
Name of Notary


________________________________
Title

________________________________
Serial Number, if any

The last three I had, was told by title company, it is a California requirement that the names of borrowers must be entered there. What I just wrote was exactly as completed. (Of course that is California- I am doing their signing here in Florida- their docs are pre- printed - should I say they are wrong?)

Reply by Jon on 4/27/05 12:50am
Msg #34258

In Ca, the entire ack is wrong and you would need to attach a loose cert.

Reply by Sylvia_FL on 4/27/05 7:33am
Msg #34279

Re: Signature/Name Affidavit stupid question! - Jon

Just to clarify, just in case your post was misunderstood.

If you are in CA then you would need to make sure the certificate complied with CA notary laws, and attach a loose ack if not.
But if you are in another state and the property is in CA you would still need to use your own state's certificate.

Reply by Jon on 4/27/05 9:24am
Msg #34298

Yeah, what she said....n/m

Reply by Stephanie_CA on 4/27/05 1:11pm
Msg #34352

On the new 2005 CA Jurat, it is so straightforward there is ALMOST no room for error.

Reply by Sylvia_FL on 4/27/05 7:31am
Msg #34278

Re: Signature/Name Affidavit stupid question! - Happy

That is correct. But the original question was regarding those that say:
Before me - with a space after that, then it is
Before me, name of notary, by name of borrowers.

Reply by PAW_Fl on 4/27/05 10:51am
Msg #34311

Happy, you read the question wrong. It asked what goes in between the "before me" and the date. In that case, it's YOUR NAME (the notary's name). The signer's name(s) goes after the date and after the word "by". So, in the original question, it would read:

Subscribed and sworn before me <name of notary>, Notary Public this <day> of <month>, <year> by <signer's name(s)>, who produced <type of identification> as identification.

The last part is for those states that require the type of identification to be shown in the certificate, e.g. Florida.

Reply by Happy in Fl on 4/27/05 8:35pm
Msg #34472

Signature/Name Affidavit: Not so Stupid a Question, Hey? n/m

Reply by VA_Notary on 4/27/05 8:56am
Msg #34292

Sylvia is correct...

Reply by Kathi/AZ on 4/26/05 11:41pm
Msg #34232

Roger, that was my inital thought.
Now the board has given me two different answers.....The fog may be clearing!

Reply by Jason Steward on 4/26/05 11:41pm
Msg #34234

State/Commonwealth of
County/Parish of

Subscribed and sworn (affirmed) before me (DOES MY NAME GO HERE? OR THE BORROWERS?)
this______day of_______._______.

I always list my name there, not the borrower's.

Reply by Kathi/AZ on 4/26/05 11:43pm
Msg #34235

Thanks All, I am going with the majority!

Reply by jasonste_AL on 4/26/05 11:43pm
Msg #34236

Now everyone knows my name, oooooooops.

Reply by DellaCa on 4/26/05 11:50pm
Msg #34241

Your Name My 2 cents worth.

Reply by Happy_in_Fl on 4/27/05 12:26am
Msg #34252

Another one I am looking at says:

Same Name Affidavit

Subscribed and sworn to (or affirmed) before me on this _____day of ______, 2005, by_______________ personally known to me or proved to me on the bases of satisfactory evidence to be the person(s) who appeared before me.

____________________________
Signature

(Seal)

Reply by Jon on 4/27/05 12:52am
Msg #34259

That is the new Ca jurat wording.

Reply by Sylvia_FL on 4/27/05 7:37am
Msg #34280

Re: Signature/Name Affidavit stupid question! - Happy

Happy
On those, also, make sure you indicate what identification they presented to you. - At the end of the wording you can add "and who produced ____________ as identification.

Or you can buy the identity stamp that Notary Rotary sells and stamp that on the certificate.

Reply by Jon on 4/27/05 12:53am
Msg #34260

In Ca, that wording is no longer acceptable. When it was, the notary name would go where you are indicating.

Reply by ERNA_CA on 4/27/05 1:04am
Msg #34262

You should think they had it right by now, the law changed in January. Sure would make life simpler. I see so many versions of thees forms, should think that the Title companies would think of having the right forms to confirm to each state. would probaly make their life easier too.

Reply by Stephen_VA on 4/27/05 7:07am
Msg #34276

Here in VA, what goes where exactly is not specified like the notarization having all the right elements is. This will differ from CA probably. When I get the above I put my name there and then I add "by Jane Doe" after the date. This is because the name of the person is required but the exact wording is not mandated.

Reply by CarolynCO on 4/27/05 9:12pm
Msg #34491

*before me*

That's you.