Posted by COCO_CALI on 10/26/06 9:37pm
Msg #155356

agreement between 2 people

I need a little help, just want to make sure the correct form is being used.If 2 people want to come to an agreement between them, what form should be used if they have not drawn anything up yet.Would the Jurat with Affiant Statement be correct, and Also if there was a witness to sign as well.

Reply by Lee/AR on 10/26/06 9:43pm
Msg #155361

Notaries can't 'tell' you. You must tell them. Jurat means 'this is the truth'. Acknowledgement means "yep, I read this, understand it & signed it". Choice is yours.

Reply by TitleGalCA on 10/26/06 9:58pm
Msg #155369

You can't advise as to this!!!! If you do? You're playing the role of an attorney....(UPL).

Tell them that they must present to you the document they want notarized, complete with the notary certificate. If they can't, and want you to advise...tell them your role in the transaction (very limited) and when and if they come up with a document and a certificate? You'll be happy to accomodate them. Otherwise, you are simply a notary. That's all....a notary. Don't take on other responsibility because you're not authorized to do so either by law or common practice.

Reply by COCO_CALI on 10/26/06 10:28pm
Msg #155389

This is a family member, just want to make sure he has the correct form.
Thanks

Reply by TitleGalCA on 10/26/06 10:47pm
Msg #155399

Coco....please be careful!

It doesn't matter if it's family! You are not in a position to give them the best advice, period. Is this an Easement? Is it a Covenant or Restriction? Does it have to do with maintenance of (anything)?

Whether or not you are "family" simply isn't a factor. You, as a notary (and perhaps more as a family member) have a duty to not advise anything.

Do you know EXACTLY what the future ramifications of this document entails for your family member? Can you predict what might go wrong? Can you outline all the effects of this document in one year or five years or 50 years?

As notaries, we too often assume we know things that we really don't. I would never create or advise on any real estate document, at any time, even for a family member. It's a sure fire way for problems in the future - especially for family.

I just have to urge you to be careful, my posts are a result of experience with many "well-meaning" family members.

Reply by COCO_CALI on 10/26/06 10:58pm
Msg #155405

Re: Coco....please be careful!

Titlegal,
the two had a car accident and 1 party want to pay for damages, and be released of any liabilities and wants to get the doc notarized .

Reply by BrendaTx on 10/26/06 11:50pm
Msg #155413

Re: Coco....please be careful! Very simple...

Tell family member to write the agreement up. Show them the certificates that CA notaries are allowed to use and let them choose one. Some will say that you should not notarize for family in a dispute.

Reply by BrendaTx on 10/26/06 10:04pm
Msg #155372

Re: agreement between 2 people - what I would do...

First, since I am a notary I know a lot of legal jargon. Therefore, using anything I could find on the internet (or in loan docs) which seemed fairly legit, I would draw up an agreement which would bind the signers to pay a trustee if the deal fell through. (Very important!)

Just remember that the trustee has to be a notary who also does inspections and who will take good clear pictures.

Have them photograph you in a black and white striped suit and cap ...and use plenty of make up so you'll have some color. Keep the pictures on hand because if you keep this kind of thing up, you will be needing a mugshot.
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In case anyone wonders, all that crap above is non-sensical. Notaries don't need to know this kind of thing. They need to know NOT to be doing this kind of thing.

Reply by TitleGalCA on 10/26/06 10:13pm
Msg #155377

Re: agreement between 2 people - what I would do...

***In case anyone wonders, all that crap above is non-sensical. Notaries don't need to know this kind of thing. They need to know NOT to be doing this kind of thing.***

I'm so glad you qualified this statement Brenda. You, in your position, have a different view - but for the notary? Bad Medicine to get involved in the creation of the document.

Reply by BrendaTx on 10/26/06 10:20pm
Msg #155381

Re: agreement between 2 people - what I would do...

**You, in your position, have a different view - but for the notary? **

Susan, just to be clear, I don't have a different view.

This is from knowing my notary law. There's more written up for us in Texas on UPL than there is notary instruction. They are dead @ss serious about it too. That's why I said this:

**Have them photograph you in a black and white striped suit and cap ...and use plenty of make up so you'll have some color. Keep the pictures on hand because if you keep this kind of thing up, you will be needing a mugshot.**

Reply by TitleGalCA on 10/26/06 10:23pm
Msg #155383

Re: agreement between 2 people - what I would do...

***Have them photograph you in a black and white striped suit and cap ...and use plenty of make up so you'll have some color. Keep the pictures on hand because if you keep this kind of thing up, you will be needing a mugshot.**

I just never want to grace The Smoking Gun dot Com with a mugshot of me. Call me vain.

Reply by Becca_FL on 10/26/06 10:08pm
Msg #155374

Re: agreement between 2 people CoCo...

sounds to me like you are asking for legal advice. We are not attorneys and can not offer advice on contract matters. You might try a different message board.

Reply by COCO_CALI on 10/26/06 10:30pm
Msg #155391

It's a Family member n/m

Reply by BrendaTx on 10/26/06 10:34pm
Msg #155395

Re: It's a Family member-- Coco

Please reconsider before you try to "help" a family member. You are not really helping them. You are putting yourself / your notary commission at risk. If the other party gets p'o'd then what?

Besides that, even the best of family members will turn on you in a heartbeat if you did not fix it up just right for them. There's more truth than poetry to the saying "no good deed goes unpunished."

Reply by COCO_CALI on 10/26/06 10:39pm
Msg #155397

Thanks All n/m

Reply by TitleGalCA on 10/26/06 10:49pm
Msg #155401

Whelp....we're all on the same page, that's for sure

I hope Coco heeds the advice.

Reply by COCO_CALI on 10/26/06 10:52pm
Msg #155403

I Will

That's why I ask you guys because I know I will get the truth.
thanks
Again