Posted by GF_CA on 6/17/06 12:06am
Msg #126442

can someone help? ack or jurat?

I need notarize a borrowers affidavit- refinance. The notorial words (wrong) are:
Before me, a notary Public in and for said County and State, personally appeared and who, having been duly sworn, stated that any representation therein contained are true.

Witness my hand and Notarial Seal this________ day6 o9f _____, 200__.

Thanks for your help

Reply by Ndwa on 6/17/06 12:13am
Msg #126446

How do you distinguish the difference between an ack and a jurat?
Why do you think the wording is wrong?

Reply by GF_CA on 6/17/06 12:23am
Msg #126453

why, are correct words for you? n/m

Reply by Ndwa on 6/17/06 12:29am
Msg #126457

Re: why, are correct words for you?

NO, I was just helping you find the missing IQ!

Reply by BrendaTx on 6/17/06 8:50am
Msg #126497

Re: why, are correct words for you? Andy...

Good for you (IMHO) for helping people "think" and for not giving them the answer they will not remember next week.

We are all on info overload. Until it becomes CRITICAL for me to store it away, there's no vacancy to absorb it.

If the answers are not readily available, and if we put EFFORT into learning and remembering we learn. We might have to scoot out something trivial...like what time our favorite tv program comes on. Ever notice how your kids can always remember that but not that they must brush before bed?

However, if they lose a privilege as a result of no brushing, well...they will remember. It's then important to them.

The prinicple applies to me also.

Reply by Becca_FL on 6/17/06 12:16am
Msg #126449

Well, I can't speak for CA, but in FL...

the words "personally appeared and who, having been duly sworn" would require a jurat. This is not so in other states where making such a decision could be UPL.

Standard answer, check your Notary Manual and call the person/entity the drew the doc for a definite answer.

Reply by GF_CA on 6/17/06 12:24am
Msg #126455

I did, I called them, but no answer n/m

Reply by Missy_Lulu on 6/17/06 12:17am
Msg #126450

You are in CA. I can only tell you what my state says, as follows:
Witnessing a signature-
The process of signature witnessing is a cross between an ack and a jurat. It occurs when the Notary is asked to notarize a doc that does not require an oath to be administered. An example of the Signature Witness function would be on a lease agreement or on a legal document to be filed with the clerk of court. The intent of this act, which is fairly common in the practice of law is to add credibility to the signature that is contained in the doucment. The declarant's words are given added support by the execution of the signature of a public official, the notary. The signature witness function is intended as an anti-fraud measure and is encouraged by the SOS where possible on any documents in which an assertion having legal force and effect is being made. The signature witness function assures that the signature is made in the presence of the notary, but there is no requirement that the signer take an oath. It differs from the jurat in the sense that the signed does not swear to the truth of the statments contained in the doc. It differs from the ack in that the signer does not acknowledge execution of the doc. Could this be the case?

Reply by Joan Bergstrom on 6/17/06 12:19am
Msg #126451

Its a Jurat because of the "sworn" part but it not legal notary verbiage for Calif.

I teach for www.notaryclasses.com and on our homepage we have a free download of a loose certificate for both an Acknowledgment & Jurat and also a free movie tutorial showing a notary how to fill out an ACK and Jurat .

Remember we must use the "January 1st 2005" wording for Jurats no matter what state the property is located if the loan is signed in Calif.

Hope this helps?

Reply by Missy_Lulu on 6/17/06 12:24am
Msg #126454

Thanks Joan but I'm still confused. It has the word sworn in it but it also has 'personally appeared'. It's as if it's a cross-breed.

Reply by Jenny_CA on 6/17/06 8:05am
Msg #126488

www.ss.ca.gov/ ...can print free Jurats and Ack's,

the best thing is, it comes straight from the CA Secretary of State.

Reply by Joe Ewing on 6/17/06 8:34am
Msg #126493

(Question) I'm still confused. It has the word sworn in it but it also has 'personally appeared'. It's as if it's a cross-breed

If it was a cross breed it would contain the word "Acknowledgment".

Four things happen when a notary executes a Jurat

The signer personally appears
Is Id'ed by the notary
Swears an oath
Signs the document in the presence of the Notary

Reply by GF_CA on 6/17/06 12:31am
Msg #126464

I have the loose certificate for ack and jurat and also jurat stamp. Thanks for your help Joan and all others too.

Reply by Joe Ewing on 6/17/06 8:25am
Msg #126492

AFFIDAVIT = JURAT

AFFIDAVIT - A statement of facts which is sworn to (or affirmed) before an officer who has authority to administer an oath (e.g. a notary public). A statement which before being signed, the person signing takes an oath that the contents are, to the best of their knowledge, true. It is also signed by a notary or some other judicial officer that can administer oaths, to the effect that the person signing the affidavit was under oath when doing so. These documents carry great weight in Courts to the extent that judges frequently accept an affidavit instead of the testimony of the witness and are used in place of live testimony in many circumstances (for example, when a motion is filed, a supporting affidavit may be filed with it).

Reply by celeste/ca on 6/17/06 10:22am
Msg #126506

Wording for Jurats are........

Correct me if I am wrong, but the new jurat verbiage has to have the following, subscribed and sworn...... and personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Your question had both of these statements in them, just in a different order.