Posted by NotaryGailCA on 3/18/06 8:09pm
Msg #106667

Name Affidavit

Today I did my first loan signing. In the loan, the Name Affidavit is worded differently then any name affidavit I have seen. This is really bothering me and I need to know if I did it correctly.

This is what it said:

BEFORE ME, the undersigned authority, a Notary Public in and for said Country and State, on this day personnly apperared Mr. Borrower as Attorney in fact ( Affiant), a credible person to me well and truly known, who, having been by me first duly and lawfully sworn upon oath deposes ant states:

The Affieant is one and the same as Mr. A. Borrower (name as it appears on ID)

who is refinancing the property located at ___________________________________

Then this is the part I am confused on.

AFTER carefully reading the foregoing affidavit, the Affiant does hereby solemnly swear that the facts set forth herein are true and correct, to witness which Affiant sets had and seal the 18th day of March, 2006.

Signature of Mr. Borrower

by (what goes here) as Attorney in fact

Sworn and subscribed by the above Affiant before me, the undersigned Notary Public on this
day of __________________________________.

____________________________________
Notary Public, County, California

My Commission Expires


etc, etc....

Now I know that the Sworn and Subscribed is not the correct wording for CA. So I attached a loose Jurat and put a line thru it. I am unsure if I should line thru the after carfully reading the foregoing affidavit part also.

Reply by BrendaTx on 3/18/06 8:14pm
Msg #106668

** I am unsure if I should line thru the after
carfully reading the foregoing affidavit part also. **


IMHO - No, you should not
1) that would be changing the document you are notarizing
2) the document will be *foregoing* to the cert you attach to the back of it.

DISCLAIMER - I am not a lawyer. Do not give legal advice. Ignore everything I write here.

Reply by Blueink_CA on 3/18/06 9:08pm
Msg #106684

Your first signing? Wow, you really got initiated quickly into the world of signing agents. Was this a AIF signing? An AIF cannot take an oath, no jurats.

Reply by NotaryGailCA on 3/18/06 9:19pm
Msg #106689

No, it was not an AIF at all. It was a husband and wife REFI. Have you ever seen this Name Affidavit before? What would you do??

Reply by Blueink_CA on 3/18/06 9:31pm
Msg #106691

Well first I would have a problem with the wording "well and truly known". Do you know this guy? I would cross that off and write in "proved to me on the basis of satisfactory evidence". Cross out and initial anything that does not apply, and attach a loose jurat. No, I have never seen a name affidavit like that, probably state specific. Remember, stay within the laws of your state.

Reply by LynnNC on 3/19/06 5:40pm
Msg #106843

Rather than crossing words out, why not attach a certificate with the correct acknowledgement wording for the state in which the document is being notarized?