Posted by Anonymous on 3/26/06 10:49pm
Msg #108721
Please Help with Ditech Form
I am review my forms for a signing tomarrow on "Expeditied Signing Agreements" page 3 it looks like they are asking for a Jurat, but the exact verbage for california is not listed. This is what it states:
State of:
County of:
On _______, before me the undersigned, a notary public in and for said state, personally appeared___________ personally known to me or proved to me on the basis of satisfactory evidence to be the personss whose name is subscribed to within instrument and acknowledge that ________________ executed the same.
Witness my hand and official sea.
_______________________________
I have been a notary since January and have completed approximetely 10 signings but have not seen this.
Should I stamp it with my Jurat Stamp and proceed or leave it as it is. In addition what goes after the word "that _____________________ executed the same.
Thanks
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Reply by TitleGalCA on 3/27/06 12:10am
Msg #108730
Anon, you have form problem, it's an old acknowdedgment.
The new law says acks must match language completely. Go check the handbook on line, it is there. Oh, and look for the ACKNOWLEDGMENT language, not jurat.
Assuming your in CA and as to your language,...the satement "before me, THE UNDERSIGNED, a notary public in and for said state, personally appreared......... That is an acknowledgement, not a jurant.
(hint:: jurat reads "subscribed and sworn to me" Yours did not.)
So, you have an ack, not a jurat. Go back the the SOS website where they talk about hte biggest change this year.
Now, here it is: "the statement, before me, Janie Doe, a notary public in and for said state personally appeared... That is the right way...no "UNDERSIGNED" If you leave that in your cert, your document will be pulled from the County Recorder and you wll not be a popular notary.
From now on, you are NOT "the undersigned". You are "your name, Notary Public" YOu can carry on by striking the words 'The undersigned" and inserting your name.
And you can see this on the SOS site. You need to keep up and not be thrown by old certificates.
Good luck!
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Reply by DogmongerCA on 3/27/06 8:41am
Msg #108756
Haven't don any latey, but did tons of these
in years past. As I recall they were in the process of having most of their notarized documents changed from Acks to Jurats and had their signers add the certificate. Check your closing instructions and if their is no specific request for it to be changed, then follow Titlegal's instructions and you should be good to go:-)
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