Posted by larry Schaffer on 7/16/06 9:55pm
Msg #133517

affidavits

I would like to know if others notarize affidavits in packages where the document does not indicate that it should be notarized. since the definition of affidavit is "... sworn to in front of a notary", shouldn't all documents titled as an Affidavit be notarized? i realize that it's not up to me to decide wether a document needs notarized or what type of notarial act is required, but i always fell like i'm doing something wrong by leaving an affidavit un-notarized or letting it slide through with acknowledgement wording when i know it's suppose to be a jurat . sometimes i feel that they simply forgot to put the language and that i'm going to get this afffidavit back because i made the mistake by not knowing it should be stamped!

curious, larry

Reply by BrendaTx on 7/16/06 10:01pm
Msg #133519

Larry, I encountered this the other day. I called the title company and they said, "Ummm I don't think so. No, just do the deed and you'll be fine." I got her name, rank and serial number because it dang sure did need a jurat. But, who am I to argue with a warm body at a title company?

We'll see what the outcome is.

Reply by larry Schaffer on 7/16/06 10:10pm
Msg #133524

hello brenda, i get plenty of these, always wonder about them, never notarize them and never have had them returned. i simply thing it's wrong

larry

Reply by BrendaTx on 7/16/06 10:20pm
Msg #133525

Yes, there are some affidavits that come without firm affidavit language that are not begging for certificates and these do not make me pause, however, the ones that say:

Somekinda Affidavit

State of Tx
County of __

On this ___ day of __, 200__, personally appeared MR BWR and being duly sworn upon his oath did state the following......etc., etc.

Now, that 'un needs a notarial act. BUT, I didn't say that...a little birdie whispered it in my ear b/c I am certainly not assuming to be making a legal determination.

Reply by FlaMac on 7/16/06 10:42pm
Msg #133529

More Texican rhetoric. Have you nothing else to do? n/m

Reply by TitleGalCA on 7/16/06 10:54pm
Msg #133532

Jealousy is a disease and there's help available

much like the Jihad disease. Avail yourself of it. Many non-profits are established and I hope you get help. Good luck.

Reply by FlaMac on 7/16/06 10:56pm
Msg #133533

You need to get a full-time job or is that what you do here? n/m

Reply by MistarellaFL on 7/16/06 10:59pm
Msg #133536

Some of us take Sundays off, but who are you to judge anyway

and if we don't work full time, but hang out here, what's it to you?

Reply by TitleGalCA on 7/16/06 11:01pm
Msg #133537

Are you brain dead?

If my position hasn't already been established by those that can think for themselves, Yes. A six figure income. I just enjoy showing fools like you for what they are.

Not that I have too...you do a bang-up job all by yourself.

Reply by Pamela on 7/17/06 12:08am
Msg #133547

Susan!

Susan, Good Evening,

So with your six-figure income, and my love of QVC, as Joan Rivers always says,
"Can we talk!" ("smile"

lol,

Pam

Reply by Lee/AR on 7/16/06 10:23pm
Msg #133526

All the time, Larry. If there is no notarial wording, don't add it. Their docs; their lawyers; their money; their call. Never had one come back in 12 years. The dictionary definition of Affidavit is: a written & sworn declaration of alleged facts. Doesn't say anything about being notarized. Feel better now?

Reply by BrendaTx on 7/16/06 10:35pm
Msg #133527

*feel better now?"

Well, I sure do. Lee's been around this business a long, long time, Larry. Listen to her.

Reply by larry Schaffer on 7/16/06 10:42pm
Msg #133528

AMERICAN HERITAGE DICTIONARY ON MY COMPUTER. THAT IS "A written declaration made under oath before a NOTARY PUBLIC or other authorized officer".

larry

Reply by Lynn Lowry on 7/17/06 7:10am
Msg #133566

Affidavit defined

No wonder we are confused, even dictionaries cannot agree on the meaning of affidavit! It looks as if the last definiton below from Funk & Wagnalls is the one attorneys use when they leave the notarial language off an affidavit:

From Merriam-Webster on-line dictionary:
Main Entry: af·fi·da·vit
Pronunciation: "a-f&-'dA-v&t
Function: noun
Etymology: Medieval Latin, he has made an oath, from affidare
: a sworn statement in writing made especially under oath or on affirmation before an authorized magistrate or officer

From Cambridge Advanced Learner's Dictionary:
affidavit
noun [C]
a written statement which someone makes after they have sworn officially to tell the truth, and which might be used as proof in a court of law

From Funk & Wagnallls (that I received from my father for my 12th birthday!):
AFFIDAVIT noun 1 A voluntary sworn declaration in writing, made before competent authority. 2 Any solemn or formal declaration. [<LL. <affido, to be faithful]

Reply by larry Schaffer on 7/16/06 11:02pm
Msg #133538

hello lee, besides the dfinition i found, you did make me feel better. i will never worry about this again.

thank you, larry

Reply by ewing2surf on 7/16/06 11:29pm
Msg #133540

There was this one Affidavit in the Ameriquest Loans Docs that I never notarized. I even asked the processor my first time and she said no. Years, hundreds of AQ loans and a small claims suite for unpaid signings later I took a signing from Vital Signing and they sent me the same AQ loan that I had been getting $225 for except I was now getting $75. Later as I was faxing back 20 pages and swearing to god that this was my first and last signing for them the phone rang and the caller from Vital called to ask where the Jurat was for that Affidavit?

Reply by Lee/AR on 7/17/06 1:52am
Msg #133554

So, what did you do, Joe?

Ah, Vital! The only company I've ever fired... Funny...one of 'em I did for them was an AQ, but nobody called about an un-notarized Affidavit. Did you add a loose jurat to the package.... or what?

Reply by ReneeK_MI on 7/17/06 3:13am
Msg #133555

One company I worked for had 4 different Affidavits. For whatever reason, the company decided to stop having them notarized and all the docs were revised just removing the notarial block. The TITLE of each doc was not changed, though (still titled as Affidavits), and all the other verbiage remained the same.

That might explain some of these.

Reply by Lee/AR on 7/17/06 8:04am
Msg #133574

Renee...think your post explains it ALL...

They took the lazy way out, leaving the wording Brenda mentioned in her post higher up in this thread. Also leaving us wringing our hands & worrying.

Reply by BrendaTx on 7/17/06 8:17am
Msg #133577

Re: Renee...think your post explains it ALL...Amen L&R. n/m