Posted by al on 7/2/05 12:50am
Msg #49516

aka affidavit

I need help and clarification!@! I used a jurat stamp on an aka affidavit, and i did not stamp with my notary seal. I had to go back and stamp it. Does an aka affidavit need a jurat stamp and a notary seal? I have a signing tomorrow, and i dont want to screw it up.

Reply by Jenni/CA on 7/2/05 1:00am
Msg #49518

The document should have a Jurat or an ACK wording on it, use what they provide. Then fill it out and stamp it with your stamp. Are you in CA? You need to add the two state abbreviation after your name on post so it is easier to help you. In CA the Jurat wording changed this year. Alot of the documents do not have the new jurat wording. If the document calls for a jurat and the wording is incorrect then you may use your jurat stamp if there is enough room and your notary stamp, otherwise add an all purpose Jurat to it. Hope this helps.

Reply by al on 7/2/05 1:09am
Msg #49520

so the Jurat stamp and the notary stamp? Thanks so much. I am in CA, so the wording was incorrect, i just wasnt sure if i needed both. Thanks again for your help.

Reply by Jenni on 7/2/05 1:51am
Msg #49524

The jurat stamp corrects the Jurat and the notary stamp needs to be on any thing you notarize that has a Jurat or ACK. Good Luck !

Reply by Anon on 7/2/05 9:55pm
Msg #49651

Kudos to Jenni/CA

For her civil and helpful answer.

Reply by BrendaTX on 7/2/05 7:45am
Msg #49532

al:

#1
You state that you are going to provide the jurat certificate on the AKA AFFIDAVIT with your jurat stamp.

REPLY: Does the document you are using your jurat stamp on require a jurat to be attached? Stamping the AKA Afffidavit with your jurat stamp should not be done unless it has been requested by the document bearer/signer/custodian, or other evidence that the same is necessary. By other evidence I mean that there is already a jurat attached which is not the correct wording for your state.



#2
You ask if you need to put a notary seal on it.

REPLY: If you ask this question you are not self-educated enough on your notarial practices and procedures to be notarizing documents. Go back and read your handbook until you understand the difference between a stamp which supplies correct jurat wording and your notary seal.

If the jurat stamp creates a certificate, then is it any different than a paper certificate you attach? Answer: No.

Therefore, you need a seal to finish the act of notarizing. And, of course, in Texas a jurat requires an oath.

==============
This is a very elementary question as it applies to notary procedure...but since you already seem to know something about signings, I'd say you are either writing bogus questions or you are not a good candidate for notary signing agent work.

If this is not a bogus question, and you truly don't "get it," please do not continue to act as a notary until you get further education on how to fulfill your commission's duties.

(Note: And, if you are familiar enough with this document to recognize you usually see a jurat attached to this type of document - even used a jurat stamp on it during a previous signing-- I believe you are making this question up "sockpuppet-style."

If you are new enough to ask this question, you would not have a jurat stamp in your bag. If you have a jurat stamp, then you are experienced enough to know that you needed one...and even at that, if you own a jurat stamp, you should certainly know it needs a notary seal applied after the taking the signer's oath.

I also find it interesting that there are a bunch of new posters all with Verizon or GTE IP addresses. Coincidence? Maybe. Harry can decide.)

Reply by LawrenceOK on 7/2/05 9:02am
Msg #49540

My thoughts are as yours Brenda. I was ready to repond to this post as Calinotary might, but you did it for me. In a nice way.

Reply by Anon on 7/2/05 10:25am
Msg #49548

I sure hope this is a bogus post. Because if it is someone new you sure cut them off at the knees. I see that in a lot of your replies. Why do you treat people like that? If you believe it is bogus, don't answer it. If it someone with a valid question, tht ayou think is beneath you, don't answer. Otherwise, help someone and stop the criticism. Do you have children? If so, I hope you don't treat them this way.

Reply by BrendaTX on 7/2/05 1:55pm
Msg #49573

>>I sure hope this is a bogus post. Because if it is someone new you sure cut them off at the knees. <<

This is about notary rules, public service and business. It is not warm fuzzy group therapy or a support group for lazy people who will not read their notary law. IMHO, there is a place and a time for all things. At this time, and in this place, I do not feel obligated to coddle someone who is obviously indifferent to learning their job and upholding the oath of their office.

>>>I see that in a lot of your replies. Why do you treat people like that?<<<

Like what? Treat them like an adult? Treat them like an equal? I expect myself to know notary law and I expect everyone else that visits this forum to know the notary law, as well.

When people come here I do not condescend to them by giving them special treatment and encouraging them like they are in nursery school...or as if they are emotional or mental cripples. They are adults and every bit as equipped as I am for career and life.

>> If you believe it is bogus, don't answer it. If it someone with a valid question, tht ayou think is beneath you, don't answer. Otherwise, help someone and stop the criticism. <<

Have you considered that it may you have a need to control the other posters on this board? You seem to be very focused on stopping what you do not like....stopping what is not aligned with your own opinion. In this way, I feel you are very critical--and a critical anon at that.

Rather than telling YOU to butt out, I welcome your thoughts, as well as those of others, as long as they are sincere. I do not have to agree with you in order to be at peace with your opinion. It's just your opinion. Nothing more.

I do not agree people like this poster originating the AKA AFFIDAVIT thread so I stated what I thought. This person is either playing games or too lazy to look into their his/her notarial law. And, the last time I checked it, we all still have the freedom to disagree with others on this forum, right?

>>Do you have children? If so, I hope you don't treat them this way.<<

My children are grown and they are successful at this stage in their lives. I am very proud of them and their accomplishments. I have always respected them enough to let them take responsiblity for what was within their ability and control. Fortunately, I taught my children to help themselves and I did not cripple them by allowing them to gain a sense of entitlement. Anyhow, children have nothing to do with this forum.

IMHO, it seems like you are putting down the original poster by comparing him/her to a child.

What else can I help you with?

Reply by Anon on 7/2/05 2:06pm
Msg #49575

You don't have to beat people up to make a point. And you do. You're a notary doing signings. It is it's importance but not to the level you take it. Is this the most important job you have ever had? Rhetorical, No answer required.

Brenda, you can help improve this field. I can see by your responses, you are very knowledgable. Stop beating people up and let them benefit by you expertise. It certainly will improve all of us.

Reply by BrendaTX on 7/2/05 2:49pm
Msg #49582

**You don't have to beat people up to make a point. And you do. You're a notary doing signings. It is it's importance but not to the level you take it. Is this the most important job you have ever had? Rhetorical, No answer required.

Brenda, you can help improve this field. I can see by your responses, you are very knowledgable. Stop beating people up and let them benefit by you expertise. It certainly will improve all of us.**
============

Sorry, but I don't believe the best for our industry is to continue to pretend that it's okay not to know the law about a notary commission. I don't believe the kindest thing to do is to say "it's okay, we all were new once" because that's not true. All NSAs did not come to this because of a seminar that did NOT teach us to respect that our new career is rooted in state law.

One of the serious problems we all face is that the newcomers have no clue. They do not understand that the businesses we can build with our notary commissions must come only after properly respecting the law that governs us what we do.

If this keeps up more and more states will become attorney states. Coddling is lethal to our business.

I have an agenda and a message for new notaries which I attempt to deliver:

You are a notary first--The notary part of our jobs is non-negotiable. The rules are law, they are not ancilliary. It's like being pregnant - you are, or you are not. New notaries are the same as long time notaries--same responsibility. There are NO concessions because of lack of experience. It's not like T-Ball where no one keeps score.

Notaries have come to see this as just a simple money gig because of the NSA slant.

The importance of a notary commission, or the lack thereof, does not matter. It's the law. To coddle a new notary's ignorance is to give them a false sense of security and a sense of entitlement to put off learning the rules of their commission.

You help in your way, and I'll help in mine.

Reply by al on 7/2/05 4:04pm
Msg #49593

thanks for all of your replies, nice and not so nice. I get it now.

Reply by anon on 7/2/05 4:59pm
Msg #49602

wow..... can't new people be expected to be imperfect and not know everything? and for that matter, who does???

Reply by BrendaTX on 7/2/05 6:06pm
Msg #49618

Re: aka affidavit--Let's ask the bar associations...

"wow..... can't new people be expected to be imperfect and not know everything?"

Maybe I am wrong.

Let's settle this once and for all. How about this: I'll collect several of the recent threads where I have been mean and send them to the ABA and each state's bar association along with the website address of all public notary forums I know of...we'll see what they have to say.

Let's pose the question: Is there a problem with a new notary who asks questions like this handling notarizations on mortgage documents for lenders and title companies?

If it turns out that new notaries do not have to know their laws beforehand which seems to be the consensus of the silent majority, I'll give up my business.

If I am right, oh well...the State Bar of Texas will put a stop to it anyway. (Good thing I can focus on my inspections and build my business there.)

Fair enough?

Reply by Anon on 7/2/05 9:18pm
Msg #49646

Re: aka affidavit--Let's ask the bar associations...

Please do that. Maybe you get get them to give these notaries the death penalty. Shame on you. You are a bully.

Reply by BrendaTX on 7/3/05 10:57am
Msg #49678

Re: aka affidavit--Let's ask the bar associations...

>>Please do that. Maybe you get get them to give these notaries the death penalty.<<

--"But, I was a newbie!" is not a defense. There is no newbie status period by LAW that I am aware of. What new people read here will not help them when facing problems with notary LAW.

--YOU minimize the importance of learning the notary LAW before one starts doing notarizations. That's not helpful.

--Knowing the LAW protects them. The LAW does not excuse a *notary's* lack of knowledge of *notary* LAW.

--It is the individual notary who answers for their actions. It is not the lender, not the SS, not the title company , and certainly not the Anon poster.


>>Shame on you. You are a bully.<<

The "shame" and "bully" remark is misdirected. It's not BrendaTx who requires this. It is the LAW. Contact your lawmakers. Shame them and call them "bullies" for demanding notaries public abide by the LAW.

Reply by Dorothy/MI on 7/5/05 12:53pm
Msg #49877

Death Penalty

Yes, it will be the Death Penalty for ALL OF US if the bar associations can convince the various state legislature that the PUBLIC is being harmed by having notary signing agents doing their loan signings and TO ONLY LET ATTORNEYS DO IT!! Ask notaries in GA how much their business has fallen off in the past three years or so since GA went to an ATTORNEY ONLY state. Am I angry with posters such as yourself who think it is OK to go out and do loan signings that affect most people's most valuable asset and perhaps put it in jeopardy because "after all we were all new at one time". Yes, we were all new at one time and we studied and read and read and read and studied loan documents until we were almost blind. There were no notary boards to run to and ask BASIC NOTARY QUESTIONS. Is it mean spirited to expect people who want to be professional and charge "professional" fees to act professional. THIS IS NOT A JOB to many of us (AND IT SHOULDN'T BE JUST A JOB TO ANY OF US), but our PROFESSION and our LIVIHOOD!! Brenda does not hide behind an "anonomous" name and neither do any of the other real professional people on this board that offer many, many hours and share many years of experience with all of us, but we ALL must know the basics before we start! This is NOT being mean spirited, but factual and if you can't stand the facts, then become a fiction writer. We ARE NOT your therapist and you certainly AREN'T our peer!

Reply by HisHughness on 7/5/05 1:00pm
Msg #49881

Re: Death Penalty

Every now and then I run across a real gem on this form. Such is Dorothy/MI's comment to a whining beginner:

"We are NOT your therapist and you certainly AREN'T our peer!"

Beautiful.

Reply by anon on 7/2/05 9:10pm
Msg #49645

You are a very angry lady. A pity.

Reply by TitleGalCA on 7/2/05 9:24pm
Msg #49648

Pardon you?

and...excuse me?? Truer words have never been spoken and you (anon) should be grateful for good advice.

"Angry"? Please. Take your pretentious, psycho-babble talking program elsewhere, you just don't get it. Reality is the name of this game, as it is in most. Listen to the "old grey dog". You'd be better for it.

(forgive me, Brenda for the analogy - methinks you might not be offended

Reply by BrendaTX on 7/2/05 9:39pm
Msg #49649

Re: Pardon you?

**Listen to the "old grey dog". You'd be better for it.**

No problem, Susan. I know Lady Clairol!

Reply by TitleGalCA on 7/2/05 9:41pm
Msg #49650

Not Lady C...Dr. Phil's 1st book! :) N/M

Reply by Anon on 7/2/05 9:57pm
Msg #49652

And shame on you too!

The end!

Reply by hcampers/fl on 7/2/05 10:29pm
Msg #49656

Re: And shame on you too!

Anon you are just plain old silly. Brenda thank you for all the good advice to the newbies out here. I AM ONE OF THEM!

I like the straight forwardness of your reply's. It gets to the point with out any bull-shit! (Sorry if I offend anyone.) No one needs a pat on the back when they don't know there butt from a hole in the ground. You need the truth up-front and friendly as they say where I come from.

Brenda you have always shown a sense of humour and clear wit. Please keep it coming. I have learned much from your advice.
Thank you,
B.

Reply by Sam I am on 7/3/05 9:45am
Msg #49672

Ditto what B. said!!! n/m

Reply by HisHughness on 7/2/05 10:28pm
Msg #49655

A poster says of BrendaTX:

***You are a very angry lady. A pity.***

Brenda is most likely not angry at all, but I am truly chapped.

I am angry that I was not required to jump in and defend the Yelling Rose of Texas, because she did such an excellent job herself.

I am angry that the exchange was so meaningful that I got drawn into breaking a cardinal rule and reading postings by anonymous know-nothings.

I am angry that I never said what Brenda said.

I am even angrier that she said it so damned much better than I ever could.

And most of all I am angry than a really valuable professional forum has been converted into a daycare for wayward slackers.

Reply by hcampers/fl on 7/2/05 10:30pm
Msg #49657

Hugh welcome back! We have missed you. Hope your feeling better, by the sounds of what I read you are.
b.

Reply by Anon on 7/3/05 10:05am
Msg #49674

How has telling people they are stupid every helped anyone?

Good luck to you all.

Reply by CaliNotary on 7/3/05 8:01pm
Msg #49709

Re: How has telling people they are stupid every helped anyo

Care to provide the quote from this thread where somebody was called stupid?

I'll give you one. You're stupid if you think that your whining and self-esteem coddling is going to produce a better class of signing agent than Brenda's direct and honest responses. I haven't seen you offer ANY information in this thread, what are YOU doing to help the original poster become a better signing agent?

Reply by Anonymous on 7/4/05 2:30am
Msg #49736

Re: How has telling people they are stupid every helped anyo

I have only been a notary since February of this year and have been amazed at how Anybody can become a notary. I did not take the recomended education class but was able to pass the exam with a 97%. I did however take a signing agent class through California Institute of Signing Agents. It was frustrating to sit in there and listen to the endless questions the notaries in the audience asked. It was basic questions each notary should know to pass the notary exam. All these people had passed or they wouldn't have been able to attend the seminar. One notary asked "If I make a mistake with my stamp can I white-out over it?" I could not believe the question but one gentleman beside me was curious what the answer would be.
I have two coworkers I work with who have passed the notary exam recently that do not have a clue.

Reply by BrendaTX on 7/4/05 10:17am
Msg #49750

Re: How has telling people they are stupid every helped anyo

**I did however take a signing agent class through California Institute of Signing Agents. It was frustrating to sit in there and listen to the endless questions the notaries in the audience asked. It was basic questions each notary should know to pass the notary exam. **

Thank you for this post.

There are two parts to our jobs...there's being a notary and there is being an SA.

Learning the notary part is required by law. You are so correct! Those notary questions should have never surfaced in a signing agent class.

Somewhere the two roles we play have gotten mixed up in the same pot. Notary rules are not optional and should be known BEFORE the notary becomes a signing agent in practice.

Reply by SarahBeth_CA on 7/5/05 1:26pm
Msg #49882

Re: How has telling people they are stupid every helped anyo

It is questions like the one that began this thread that make it so hard to break in to the business. I have and continue to study (tho I can debate the law, I still know the law and abide by it) notorial law and my signing agent training. But when an ss reads posts like these it can go a couple of ways. 1) they decide to lower thier base pay because the newbie may screw it up and they will have to have it fixed possibly by someone else thus causing them to pay twice for something that should have been done correctly in the first place. 2) the ss decides to hand hold by requiring a bunch of fax-backs and constant phone calls while lowering thier base pay. 3) the ss decides to only hire people with 2 years experience (and I have seen ss that still want to pay $50 to the notary with that experience).