Posted by Juanita Godinez on 5/22/06 10:16am
Msg #121437

jurat/affidavit

I have previously mentioned in other post that I am a newbie certified thru the NNA which I can honestly say does not help me much which is why I currently do not do any loan signings I still have much to learn and many questions I read just about everything I can find although some of the info is contradicting so if anyone can help me with this question I thank you in advance and please note that it is not lack of effort that I ask : I was looking over my own loan docs for my original loan and my refi and came across a jurat/affidavit it is my understanding that this notarial act is not consider complete if I do not swear or affirm to the statement within I was never asked to swear or affirm to anything by SA at the time so is it common among SA to just notarize these jurat/affidavit without asking if the person swears or affirms to the statement within. Thanks

Reply by MistarellaFL on 5/22/06 10:32am
Msg #121439

Almost ALL the signings I have, the brw's are surprised when I swear them in.
It seems as if many are not giving the oath for a jurat.
I do, as it is required by law!
Yes, Juanita, you are correct: You should be giving the oath for all affidavits and jurats.

Reply by Beth/MD on 5/22/06 10:36am
Msg #121444

Yes, Mistarella, I've had a few surprised repeat refi-ers! I hear "I didn't have to be sworn in the first time" alot.

Reply by Janlee_MI on 5/22/06 10:36am
Msg #121445

Jurat/affidavit

Always swear them in. That way you are always covered. What state are you in. I will be more than glad to mentor you if you would like.

Reply by Missy_Lulu on 5/22/06 1:06pm
Msg #121478

Our time with the borrower is a quick review of the docs and signatures.
In regard to the oath, it is also important to take note that while administering the oath asking them to vow to the truthfulness of the document, they cannot actually take an oath to that without reading. I recommend to my borrowers on the affidavits in which their is a jurat that they read those since I will be administering an oath to which they will swear truthfulness.

You can find more helpful items to give you direction on my website under Notary Help Center.
www.halitek.com

Reply by Marlene/USNA on 5/22/06 1:52pm
Msg #121498

Beginning with Msg #112169, there is another good discussion about this topic.

P.S. It might be "common" among signing agents not to administer an oath, but it's not right to skip it.

Reply by MelissaCT on 5/23/06 12:25pm
Msg #121726

I always do it after the papers are signed, before I complete the jurat form. Since CT is a witness state, I even try to do it in front of the witness -- just for added ears...