Posted by Cherilyn in CO on 6/22/05 8:35am
Msg #46748
I need help with this Affadavit ASAP
I'm doing a signing for the seller's side of a purchase. Buyer's are in Wyoming. This form is an affadivit that states the property location and that the parties are of legal age and of no legal disability.
At the top, it states State of Wyoming, County of Sheridan-which is not right for this side of the transaction anyway. And at the bottom it has a place for all 3 people to sign, my seller and the borrowers in WY. Under that it states "Subscribed and sworn before me this day of June, 2005 with a place for my signature-WITH NO NAMES AT ALL.
My question is how do I do this? #1, I'm not notarizing for the borrowers that are listed on this form and there isn't a place in the wording that states who I'm witnessing. Should I have just attached a loose ack for my seller and left the original form blank and let the notary in WY fill it out?
Because I didn't do that :-) I crossed out the state and county at the top and put mine. I had her sign and I notarized, but now I'm thinking that's not correct because the borrower's can just sign it and it looks like I'm witnessing for them too.
HELP!
| Reply by anon. on 6/22/05 9:08am
Msg #46757
Sounds ok as far as it went. I always, under these circumstances, put (only) after the borrowers name or add and no other(s) after the borrowers name. That makes it pretty clear who was notarized, and no one else can be added. That's the way I was taught about 100 years ago when I first became a notary.
| Reply by Cherilyn in CO on 6/22/05 9:10am
Msg #46758
But there's no place to add a name. That's my dilemma. nt
| Reply by PAW_Fl on 6/22/05 9:31am
Msg #46763
Re: But there's no place to add a name. That's my dilemma. n
Personally (based on FL statutes and CO Title 12) I would have crossed out the provided certificate and added a compliant jurat certificate. On that certificate, I would have worded it, "Sworn to and subscribed before me this _____ day of _______, 2005, by <signer's name> ONLY." Then sign and stamp. This way there would be no doubt that you were notarizing just one signature and not all three.
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