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CA Jurat Question
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CA Jurat Question
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Posted by Anonymous on 7/7/05 11:28pm
Msg #50481

CA Jurat Question

If the Jurat wording on the doc is not the new CA wording, I use the Jurat stamp from NotaryRotary. Would it be ok to complete the incorrect jurat section AND use my jurat stamp and complete that?
I'm talking any doc, not just loan docs. i.e. Affidavit of Support, Doctor's Affidavit of Physical Exam for Adoptions, out of state affidavits, etc.

Reply by RP_CA on 7/7/05 11:33pm
Msg #50483

I have in the past added in the correct wording, but now that I have the stamp, I just use that if there's room.

Reply by Lori/CA on 7/7/05 11:59pm
Msg #50486

Why would you want to complete the incorrect section and complete the Jurat stamp section also. Line thru the incorrect Jurat and initial it, even if you filled it out in error or started to, then fill out your Jurat stamp or add a loose Jurat with the correct wording and complete it.

Reply by BarbaraL_CA on 7/8/05 12:20am
Msg #50492

I guess it wouldn't hurt to do both - just to cover "their" wording and CA wording, but I really don't know. If a document has to go to another country or state they may require "their" wording, but then we have to do what's right in CA also. Interesting question.

Reply by DellaCA on 7/8/05 12:26am
Msg #50494

Most of my clients (non borrowing) want you to fill in the other blanks also they are uncomfortable with it not filled in. So I tell them I will fill it in because it will make you feel better but I can not add the stamp. My ca. loose leaf will have the stamp, that makes them happy.

Reply by BarbaraL_CA on 7/8/05 12:29am
Msg #50496

If you have the jurat stamp then you can stamp it on the same page as the "other" wording and put your seal on the same page too.... I guess you'd call that "double notarizing"???

Reply by Lori/CA on 7/8/05 12:42am
Msg #50498

Clients don't dictate what a notary fill in on a Jurat or Certificate if it doesn't meet CA law I don't use it. I've never had one even try in 5 years. If the wording is incorrect, line thru it, date it across the line you drew and inital it.
I've never had this questioned.

Reply by CaliNotary on 7/8/05 2:50pm
Msg #50637

"Clients don't dictate what a notary fill in on a Jurat or Certificate if it doesn't meet CA law I don't use it."

This should be the mantra of everybody in here. YOU are responsible for notarizing documents correctly. Whatever the client wants (in regards to notariziations specifcially) is irrelevant. Our duties as a notary are completely separate from our duties as signing agents.

Reply by TitleGalCA on 7/8/05 10:05pm
Msg #50686

Completely agree, and will add one thing. For those that "over notarize" as in not lining out the incorrect jurat language, no harm, no foul in my experience.

In the past, I've NOT crossed out the bad language, but added a loose jurat and stapled to the original and not had any problems. Bottom line is that you, the notary, used the correct language to certify the affidavit. Your job is done.

Reply by Lori/Ca on 7/8/05 12:34am
Msg #50497

It would be two different notarizations, if you filled both out, but as you would only stamp with the notary stamp once, one would be incomplete. I would think the lenders would frown on this. May possibly cause problems in a court of law. Sorry I see humor here, can just here the Judge to the Notary, "well couldn't make up your mind?"
CA notaries need to follow CA law. If it were a ACK that only said " the foregoing instrument was acknowledged before me on __________date," it wouldn't meet CA requirements for a ACK and we would add a Loose Cert.

Reply by Tina G - CA on 7/8/05 11:00am
Msg #50558

I agree with you Lori. I always cross out the incorrect wording and attach the loose Jurat to the document. (I don't have my stamp yet)

Reply by DellaCA on 7/8/05 11:34am
Msg #50570

No Lenders were involved, no harm in filling in their name and date to make them comfortable, then filling out the correct one with your stamp,if this makes my clients at ease then I will do it other wise I would line thru it and write see attached jurat or ack. I don't remember seeing it as Law that I can not do this.


 
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