Posted by SL/CA on 5/16/05 1:41pm
Msg #38052

Survey affidavit wording question

I did a signing over the weekend where it had a survey affidavit. The Notorial wording is odd, first off, yes I know I need to attach a loose Jurat. My question is this:

It reads: Jane Doe, Jon Doe sworn to and subscribed before me, by ____________________, notary public of the state of ____________ on this____day of_____ yada yada

the before me, by, ______________ Notary public of ...... Normally it says before me, by ___ and I put the borrowers names, but I have never seen it say by_____________ notary public of the state,.... so that really confused me.. What do they want? Anyone know? TIA

I hope that makes sense

Reply by ERNA_CA on 5/16/05 1:48pm
Msg #38053

It is amazing how they can mess up on thees forms. Make them confusing and make you question your self.
I have seen many versions.
Makes the loose leef's a life safer.

Reply by Art_MD on 5/16/05 1:51pm
Msg #38054

What I think they were wanting was just a simple jurat.
Somebody needs english lessons.

Your fine.

Art

Reply by CaliNotary on 5/16/05 2:18pm
Msg #38060

"Somebody needs english lessons.

Your fine."

I'm squirming in my seat and grinding my teeth but I'm not going to say anything.

Reply by SL/CA on 5/16/05 2:27pm
Msg #38068

Thank you for not saying anything if it wasn't going to help.. We always appreciate that. However, if you have a different oppinion on the situation "say" away, but if it was going to correct grammer, or just the wording, thanks for holding back.

Reply by CaliNotary on 5/16/05 5:00pm
Msg #38122

"but if it was going to correct grammer, or just the wording, thanks for holding back."

Well now you're just baiting me!

Reply by SL/CA on 5/16/05 2:22pm
Msg #38063

Yes you are right.. So confusing, but what I did was stamp that page and sign it, but then I wrote on it see loose jurat attached.. That is what I have always done, is that actually the correct steps to be taken???? I have never been questioned, but yes some of these forms can make you start second guessing your self..

Thanks again for your responses !!

Reply by Sam I am on 5/16/05 3:05pm
Msg #38077

In CA when the certificate provided does not have the correct wording:

cross it out with a diagonal line
do not fill in any of the blanks or stamp the page
write near the cross off - see attached acknowledgment or see attached jurat
then fill out a correctly worded certificate, stamp it and staple it to that page

I also then use an embosser to seal the pages together, but that is not mandatory.

Reply by SL/CA on 5/16/05 3:34pm
Msg #38100

That is good to know, and yes I am sure I should have already known that, but I guess you learn by mistakes right, well I did stamp the page and signed, but I did cross all that out and put See attached jurat and stapled it.. I hope that is ok, I guess I will see...

Thank you all for your responses.

Reply by SamIam_CA on 5/16/05 3:38pm
Msg #38104

I did it the same way you did until someone on here educated me - just sharing the love.

Reply by SL/CA on 5/16/05 3:43pm
Msg #38106

I do appreciate that, THANKS !!..n/m

Reply by Jon on 5/16/05 11:58pm
Msg #38252

A thought for CA notaries.....

Ca is fortunate in that the wording for an acknowledgement or jurat is prescribed by law. ANY variation in the wording is solved by adding a loose certificate. If you see wording that confuses you, add a loose certificate. You shouldn't have to ever question what to put in a blank, just look at your handbook and follow the example given. Always carry a copy of the handbook with you for reference.

Reply by Art_MD on 5/17/05 7:09am
Msg #38266

Re: A thought for CA notaries.....

The wording is prescribed by law - yes. But a word or 2 change does not necessarily require that a loose certificate be added. The word "substantially" gives a little leaway. (sections 1188 and 1189)

Art

Reply by Jon on 5/17/05 1:11pm
Msg #38349

Re: A thought for CA notaries.....

That only applies to an acknowledgement, not a jurat. If the wording is that close, the person would not be confused by the subtle differences anyway. The questions we see on this board are always, at least for the 4 or 5 yrs I have been reading, substantially different from the prescribed wording.