Posted by Giselle_CA on 6/1/05 3:21pm
Msg #41562

Jurat with the incorrect wording

Hello everyone.

I have received an assignment last Saturday and everything went smooth. The Documents had a jurat with old wording, so I provided a loose certificate with the correct wording according to CA law.

The SS sent me an email stating they will withhold payment if I do not send another jurat to the Mortgage company overnight.

I believe if I am being sent a request for a Jurat and what they provided is not the correct wording for CA, would I have to attach a Jurat with the correct wording? Please let me know what you think?

Reply by MaggieMae_CA on 6/1/05 3:28pm
Msg #41564

You did the right thing. That's exactly what we are suppose to do. If the property is outside of CA the lender may be wanting the original jurat wording they sent intially, but according to CA law which we need to abide by; what you did was the correct procedure.

Politely explain to the SS that you did was is REQUIRED by law and if they would like you to break the law, you will need something in writing and SIGNED by them.

Reply by Giselle_CA on 6/1/05 3:55pm
Msg #41575

The SS continually stated he has been a notary for 12+ years as diminishing my experience. I even offered to go back to the borrower with a new copy in order to have an acknowledgement done. They refused cause they said why could not I just send them an acknowledgement since she did appear before me after all.

Reply by Sunny on 6/1/05 4:54pm
Msg #41612

Tell him, "Beacsue the borrower needs to resign your journal if you are having to redo an ACK. Surely since he has so much experience he knows that." Stand your ground. They know they are trying to bend the law.

Reply by Giselle_CA on 6/1/05 4:58pm
Msg #41615

Re: Jurat with the incorrect wording-Sunny

I don't know how many other ways to let the SS know this fact, but they are choosing to not understand. He told me he was not happy for not doing (bending the law) what he asked me to do.

Reply by CaliNotary on 6/1/05 8:48pm
Msg #41670

Why would you offer to go back to fix something that wasn't a mistake in the first place? I would have just directed them to the SOS website and told them that what I did was correct and doing it any other way wouldn't be a legal notarization in CA.

Reply by Giselle_CA on 6/2/05 2:47pm
Msg #41861

I offered to go back as a brand new visit for additional fee if he wanted a new jurat or an acknowlegement. But, I stated I could not just sent them certificates without the signer appearing before me.

Reply by SamIam_CA on 6/1/05 3:29pm
Msg #41565

***The SS sent me an email stating they will withhold payment if I do not send another jurat to the Mortgage company overnight.***

Did they tell you why the mortgage co. needs another jurat? If they tell you it is because you filled the original one out incorrectly have them e-mail or fax it to you. If you don't see anything wrong with it you can send it to me and I'll let you know if there really is an error.

If you know enough to attach a correctly worded jurat I can't think of what you could have done wrong that you warrant their request...

Reply by Giselle_CA on 6/1/05 3:49pm
Msg #41571

I just got off the phone with the SS. There was no error on my part. The SS say the lender is having trouble because there was a loose certificate attached and there was no information on the type of document it was. I know the description of the type of document is only optional information.

Reply by Sylvia_FL on 6/1/05 4:39pm
Msg #41607

Re: Jurat with the incorrect wording - Giselle

Giselle
Even though writing in the description of the document is optional, it is always a good idea to fill in the information, as it prevents the certificate being attached to another document.

Reply by Giselle_Ca on 6/1/05 4:54pm
Msg #41613

Re: Jurat with the incorrect wording - Sylvia

Yes, and I have that for my acknoledgements since a good idea but still optional. However, since the wording was changed for the Jurat recently, I downloaded a copy straight from the SOS and I am carrying those.

Reply by Sylvia_FL on 6/1/05 6:00pm
Msg #41633

Re: Jurat with the incorrect wording - Sylvia

Ah! And of course those jurats do not have the optional info on the, wish they would!

You can always write at the top of a certificate, "this certificate is attached to a XX page document entitled XXXX and dated XXXX

(Giselle is a nice name - there is a ballet by that name)

Reply by Giselle_CA on 6/1/05 6:49pm
Msg #41644

Re: Jurat with the incorrect wording - Sylvia

Thank you, Sylvia. By the way, I just got off the phone with the SS named Steven and said that eventhough I did anything wrong, he was going to cut my fee because the lender was not happy.

Can you believe that! It seems he was making any excuse he could make to get out of paying the full fee.

Needless to say, I will never work with someone like that again!

Reply by SarahBeth_CA on 6/1/05 7:09pm
Msg #41650

Re: Jurat with the incorrect wording - Sylvia

who is the ss? I sure don't want to accept a signing from them.

Reply by Giselle_CA on 6/1/05 7:17pm
Msg #41654

Re: Jurat with the incorrect wording - Sylvia

I received this signing from Your Notary on The Go for WMC Mortgage.

Reply by missy_socal on 6/1/05 7:43pm
Msg #41658

Giselle--Where are located?

I got a call from that same SS last week for signing that I couldn't do...I'm wondering if it was for the same signing!

I just printed up a bunch of loose jurats that have the optional information portion at the end. If you'd like, I can email it to you.

Reply by Giselle_CA on 6/1/05 7:47pm
Msg #41660

Re: Giselle--Where are located?

It was for last Saturday, but it was not for SoCal. Please do: [e-mail address] and thanks!

Reply by missy_socal on 6/1/05 7:52pm
Msg #41661

you've got mail! n/m

Reply by CaliNotary on 6/1/05 8:50pm
Msg #41671

Re: Jurat with the incorrect wording - Sylvia

Did you tell him that cutting your fee wasn't acceptable? There is no way in hell I would let that go without a fight.

Reply by Giselle_CA on 6/2/05 2:51pm
Msg #41863

Re: Jurat with the incorrect wording - Sylvia

Of course I told him. He said that his fee will be cut also by WMC Motgage as well, which I find unbelievable. I am not going to let it go without a fight. None of us work for free.

Reply by Sylvia_FL on 6/1/05 10:52pm
Msg #41696

Re: Jurat with the incorrect wording - Sylvia

He cannot do that!! Make sure you post this to all the message boards to warn other signing agents.

You did your job. and he has no legal reason to withhold any part of your fee.

Reply by Sunny on 6/1/05 4:57pm
Msg #41614

The fact that it was attached didn't give them a clue.

Reply by Giselle_CA on 6/1/05 5:00pm
Msg #41617

Re: Jurat with the incorrect wording-Sunny

Unfortunely, it did not give them a clue.

Reply by SarahBeth_CA on 6/1/05 3:42pm
Msg #41567

attatching a loose cert with correct ca wording is the right thing to do. What reason did the ss give you as to why they want you to overnight another jurat? Reguardless of thier reason you cannot send a loose cert alone. You must attatch it to the doc. Also the date must be the date that the doc was signed and the jurat was performed with the signor present. See Gov. code 8225 in the handbook.

Reply by Giselle_CA on 6/1/05 3:51pm
Msg #41573

I tried to explained that to the SS and they said the lender is having trouble because the correct wording was attached as a loose certificate and there was no description. They asked me to do sent an acknoledgment instead without having the person appear before me.

Reply by SarahBeth_CA on 6/1/05 3:59pm
Msg #41580

If you attatched a loose cert with the correct wording you did the right thing. you never send a loose cert unattatched, who knows what it could end up attatched to. whether its a jurat or an ack it requires personal appearance. read the law to them and if they don't listen tell them you will set up a 3-way with the SOS so they can explain what they want you to do. Then when they decline, tell them you expect payment as ageed to in your confirmation.

Reply by Giselle_CA on 6/1/05 4:06pm
Msg #41582

Thank you everyone for your responses and help! I did let the SS know to go to the SOS in order to find I did what it was required of me. He said he will call the NSA to see if what I did what wrong or not.

Reply by SamIam_CA on 6/1/05 4:16pm
Msg #41593

OMG - he thinks the NSA has authority over the SOS. Please tell us the name of this company so we can avoid them!

Reply by Giselle_CA on 6/1/05 4:22pm
Msg #41600

Yes, but let's remember, he has 12+ yrs of experience as a Notary and he does believe the NSA has more weight than the SOS!

Reply by Giselle_CA on 6/1/05 3:57pm
Msg #41578

I, of course, refused to send them any certicate overnight without having the borrower appear before me. The SS threathen me saying I did wrong by refusing.

Reply by SamIam_CA on 6/1/05 4:14pm
Msg #41591

***The SS threaten me saying I did wrong by refusing.*** I guess in his 12+ years he forgot CA code 8225

"Any person who solicits, coerces or in any manner influences a notary public to perform an improper notarial act knowing such act to be an improper notarial act shall be guilty of a misdemeanor."

I'd take lots of notes on this one. If they don't pay &/or continue to harass you - you should call the SOS and turn them over to the state.

Reply by Giselle_CA on 6/1/05 4:19pm
Msg #41595

I would definetely do that if I am being harass or not paid by this companies.

Reply by SarahBeth_CA on 6/1/05 4:20pm
Msg #41596

also do not delete that e-mail the ss sent you.

Reply by Giselle_CA on 6/1/05 4:26pm
Msg #41602

No, I am not deleting anything they have sent my way. I am going to keep everything. I am not afraid to stand on the side of the law.

Reply by Anonymous on 8/4/05 10:45am
Msg #56895

Your Notary on the Go

25413 N. Hopkins Place, Stevenson Ranch, CA 91381
Office: 661-284-7796 Cellular/voice mail: 818-802-7226
Fax: 661-284-7797
YOUR NOTARY ON THE GO threatened me also. I did work for them on March 3rd 2005. They are evidently engaged in underhanded business dealings with WMC. I phoned the manager of WMC and told him that Mr. Steven was threatening and at the get-go his attitude towards my requesting payment was hostile. Mr. manager then replied that I should take this up with Mr. Steven. We eventually got a 3-way call going. Afterwards, Mr. Steven kept calling my cellphone threatening me for calling his lender (as he put it). I did that one for free (BURNS ME UP) but I will never never do work for that company again. The state needs to do something with all these *****s in ties. Makes me furious. NOTARIES BEWARE stay FAR FAR FAR FAR AWAYYYYYYYYYYYYYYYYYY