Posted by Mung/CA on 11/5/05 1:28am
Msg #74513

affidavit of homestead...Ack or Jurat?

the doc starts out "Affiant on oath swears that the following statements are true and are within the personal knowledge of affiant" A list of statements follow. The end of the doc has notorial (albeit, not correct) wording for an acknowledgement. So which is it? The lender is Secured Funding. Thay have a lot of docs the same way for example Marital Status Affidavit, Payoff affidavit, etc.

What do I do?

Reply by PAW_Fl on 11/5/05 7:55am
Msg #74526

Even though we 'know' that the certificate is not the correct one to use for a document, we cannot make any judgment calls. Therefore, you are mandated to use whatever is placed in front of you or however you are instructed. You cannot use your own common sense nor knowledge to determine what is right or wrong. If an acknowledgment certificate is there, then you are to take an acknowledgment of the signer's signature. If a jurat certificate is there, then you are to give an oath to the signer and complete the jurat.

Reply by Kelly M Robertson on 11/5/05 8:02am
Msg #74529

Again, Paul is correct. You're going to have to do SOMETHING -- you cannot ignore the fact that this document has notarial verbage on it and requires notarization, however, in California you must comply with our notarial laws. Your profile says you're certified -- does your book talk about this issue at all or was this discussed in class? The Signing Registry has an awsome mentor program that you may want to consider checking out. Their message board is also First-Class and has a special section for "newbies". Good luck!

Reply by Dave_CA on 11/5/05 10:17am
Msg #74554

I agree with PAW & Kelly and just want to add that you would still need to use the correct wording for your State.

Reply by SarahBeth_CA on 11/5/05 11:08am
Msg #74563

Mung this is something that I thought alot about about and had my own opinions on when I first started doing this. The key is not to overthink it. Reguardless of my own opinion at the time it boils down to what state law says. We aren't allowed to choose which cert to use. Even if the body of the doc says swore in it, if the notorial block has ack wording and it's incorrect just attach a loose ack to the doc, otherwise your stepping into UPL.

Reply by Mung/CA on 11/5/05 12:27pm
Msg #74579

Thanks. I wish I could send you the docs in question...

so that you can see what I mean but I know I can't. I ended up attaching loose NotRot ack. certificates. notarized 10 docs, 18 signatures, and a total of 7 loose certifiates. All this for my 2nd signing. I think I'm cursed.

Reply by SarahBeth_CA on 11/5/05 2:04pm
Msg #74591

Re: Thanks. I wish I could send you the docs in question...

I think I know exactly what you mean. I also think your experiencing a little initiation by fire. They're not all like that. Keep on truckin'.