Posted by Heather Ortiz on 10/25/06 6:28pm
Msg #155018

Jurats or Acknowledgments?

I am a new notary and I am not sure when I should use a jurat or a acknowledgment form, can anyone explain the rules.

Reply by Mike Photon on 10/25/06 6:37pm
Msg #155022

O! my Gosh! What have you done???
Please delete your message quick!
You are going to be getting a lot of replies for this one - all asking you to go back and read your book. Sorry, poor Heather!

Reply by Kate/CA on 10/25/06 10:20pm
Msg #155073

I needed that laugh!

Reply by Signing_Doc on 10/25/06 6:47pm
Msg #155024

short answer...jurat has an oath attached to it (swear or affirm...raise your hand etc)...acknowledgment is just that...you are acknowledging a signature and proof of identity. Mike is right however, this is Notary 101 and if you are not sure, review your manual or click on search at top of page.

"Doc"

Reply by Roger_OH on 10/25/06 6:47pm
Msg #155025

She didn't say she didn't know the difference, just not when to use them, so I'll give her the benefit of the doubt.

You cannot determine when to use either form. If the notarial language is printed on the document you're to notarize, it should be in either acknowledgement or jurat form (hopefully compliant with your state-approved language), with the latter requiring you swear them in. If no ack/jurat language is present, the signer must tell you which format he/she wants. If they don't know, they should contact the originator of the document. You, the notary, CANNOT decide which format to use for them.

Reply by Signing_Doc on 10/25/06 6:48pm
Msg #155026

spot on Roger_OH n/m

Reply by Mike Photon on 10/25/06 7:18pm
Msg #155040

Couple of questions here too - pardon my ignorance.
I remember reading a notary cannot decide whether to use a Jurat or Ack unless the notary is a lawyer. Now IF the notary is a lawyer, can he decide which form to use, even if the signer didn't request his service as a lawyer? Does the lawyer have any liability in deciding which form to use?
Also, if the signer brings a form that has ack wording(appeared before me and acknowledged blah blah) but not the correct wording, you will have to cross it out and attach a loose cert(esp in CA). Do you now have to ask the signer which form he prefers (because it is obvious which is required)?

Reply by Geselle Archie on 10/25/06 9:28pm
Msg #155060

Please be kind. We all need help sometimes. She said she was new.

Healther you have alot to learn. Next time call national notary, they will be glad to

assist you. I hope you are a member.

Reply by MichiganAl on 10/26/06 12:18am
Msg #155096

Who wasn't kind? Everyone answered politely.

Responses like this just stir the pot for no reason. If you don't think you or someone else can get assistance here, then why are you even here?

Reply by BrendaTx on 10/26/06 7:26am
Msg #155127

Re: Who wasn't kind? Everyone answered politely.

Yes, Al...it cracks me up to see on other forums where the disagreements are plentiful yet they complain about NR and all the childish, dirty rotten scoundrels. "Well, I don't even fool with NR because it's just so wrong! So many of them over there are just legends in their own minds."

Wait a minute...you are reading NR, aren't you? Be honest (at least) that there's something you are getting off this forum while you trash the place elsewhere...even if it's just comic relief. It really makes you look bad to say you don't have anything to do with NR, because ya are, Mavis!

Remember Richard Silver? Old Timer? Heck, they scared me into shutting my keyboard down, but you cannot say they did not know what they were talking about a good deal of the time.

Reply by AngelinaAZ on 10/26/06 12:50am
Msg #155103

I'm sure that being 'kind' and 'polite' is very important...

... but you might also want to try to be ‘respectful’. See, somebody pays a lot of money to advertise Notary Rotary... and when you come on here, and advise people to seek advice and membership from a competitor (for no apparent reason, I might add) you are completely disrespecting the owners of this site… and the rest of the members here.

Reply by Gary_CA on 10/26/06 12:13am
Msg #155094

Jurat ju dirty rat n/m

Reply by MichiganAl on 10/26/06 12:09pm
Msg #155185

It don't mean a thing if it ain't got that swing...

jurat, jurat, jurat

Reply by Larry/Ca on 10/26/06 3:09am
Msg #155111

It seems to me that.......

the assignment of a jurat or an acknoledgment to a document is a pretty sloppy assignment in the loan industry. An affidavit by definition ( an oath before a public official, sometimes the word notary is used) ought to be a jurat. why are we always using acknowledgment wording on affidavits.

Always thought this odd, Larry

Reply by AngelinaAZ on 10/26/06 7:30am
Msg #155128

Re: It seems to me that.......

There is a very old law in Arizona... that if all the conditions (I don't know what they are) are just so... an oath must be taken and statement sworn to that.... A wife swears that she will NOT poison or otherwise hurt, maim or kill her husband to get control of the property. It was started way back when men would come to Arizona to mine or whatever and then order out for a mail-bride. They were worried that the men would strike it rich and the new wife would 'off' him and take control of the money. Every once in while this thing kicks in and I have to present this to the borrowers. It really is very funny! (I think that it is something that carries with the property... so if you buy a piece of land that this was enacted on, you have to sign it... I think).

My point is that I've often wondered why things aren't made more clear (or are phased out when they no longer have a purpose) in the regulations or on the lawbooks... they sure didn't ask us our opinion did they??? What were they thinking?.... Geez!

Reply by WDMD on 10/26/06 8:50am
Msg #155149

Re: It seems to me that.......

What's wrong with making a wife swear she won't poison her husband? Every state should require that LOL