Posted by Paul2_FL on 7/25/05 4:53pm
Msg #54549

HUH?

I was just reviewing an Owners Affidavit and came across something that made me stop and scratch my head.

I'll try to lay it out so you can understand what I'm talking about.

Property No: XXXX
Closing No: XXXX
Date: XXXX

On this day, personally appeared before me, the undersigned authority, authorized to adminster oaths and take acknowledgements: ______________to me well known upon first duly being "sworn", depose and says:

1 through 12. They are the legal owners blah blah blah blah blah

AFFIANTS FURTHER SAYETH NAUGHT.

(Borrowers Names)

STATE OF
COUNTY OF

The forgoing instrument was acknowledged before me this ___________ by:
(borrowers names) who is/are personally known to me or who produced a ____________ as identification and who did not take an oath.

How can they be duly sworn and yet not take an oath? Also, how can they be "well known" (1st para.) without the "or who produced a ____________ as identification"

I hope I'm explaining this OK. To me this document is a contradiction.

Reply by Lee/AR on 7/25/05 5:25pm
Msg #54554

Yep.

They're hiring 1st year law students now, I think. Uh...in AR, they can be 'well known' or 'satisfactorily proven'. Unlike CA, we don't have to state how this was accomplished.

Reply by PAW_Fl on 7/25/05 6:29pm
Msg #54566

Paul,

Since you are in Florida, you have no recourse but to cross out the acknowledgment that is printed there and use a loose jurat. On my loose jurats, at the bottom I have a check box that states:

"[ ] Loose jurat certificate attached, pursuant to Florida Statutes §117.03 Administration of oaths – The notary public may not take an acknowledgment of execution in lieu of an oath if an oath is required."

I typically see at least one document that start out "duly sworn ...." and has an acknowledgment for the certificate. At least the Florida statutes allows us to correct the error, thought most, if not all the other states do not allow the notary to change certificate types.

Reply by Paul2_FL on 7/25/05 7:41pm
Msg #54583

Thanks Paul!

What a screwy document! If you don't mind, I'd like to use the same format as you on my loose jurats. I would imagine all Fl notaries would want to do likewise.

Reply by PAW_Fl on 7/25/05 9:37pm
Msg #54603

FL All Purpose Jurat

Sure, you can use my format. If you want, you can download a full page FL All Purpose Jurat from my website. http://www.pawnotary.com/FloridaRoom/FL_Jurat.pdf

Reply by Paul2_FL on 7/25/05 10:00pm
Msg #54607

Re: FL All Purpose Jurat

Thanks Paul I like that even better. If I can ever do you a favor just let me know....