Posted by chell on 6/22/07 8:18am
Msg #196467

Ack. attached to a Jurat

This company wants an ack. attached to an owner's aff. that already has notarial wording on it and it's an affidavit. Why would they want that?

Reply by chell on 6/22/07 8:32am
Msg #196470

To clarify...they want the affidavit notarized and they want a loose ack. attached to it notarized. I have NEVER heard of such a request.

Reply by LisaWI on 6/22/07 8:50am
Msg #196472

I would be calling hiring entity and asking questions....does sound a little odd.

Reply by Jersey_Boy on 6/22/07 9:17am
Msg #196478

Sounds to me like they want an extra ack for "just in case".

In which case, I wouldn't provide.

They can have an ack, or a jurat... not both.

Reply by BrendaTx on 6/22/07 9:45am
Msg #196481

Re: Ack. attached to a Jurat -IMHO nothing sinister

Some items need to be sworn to b/c they are an affidavit. Should the document ever need to be recorded it's got to have an ack.

Personally, I think it is a doc preparer who learned to double up just to be on the safe side.

Homestead affidavits are a very good example of an affidavit that needs to be sworn to and acknowledged as well for recording purposes.

Just make sure that the ack has the name of the document somewhere on the page it appears.

In Texas, refusing to notarize the second certificate of different type attached genuinely to a document needed for a closing would be way oh so none of my business and probably considered trying to practice law.

Reply by Terri_CA on 6/22/07 3:37pm
Msg #196491

In California if I were presented that document and that request, I would in essence be performing two notarizations on the document. I would make two entries in my journal one stating jurat and one stating acknowledgment. On the acknowledgment, I would use my own and complete the optional information on the certificate so that everyone knows that it belongs to the Owner's Affidavit and not just a loose certificate. In addition, I would note in comments/additional information in the journal that it was requested to do both notarizations and by whom.

Who knows why they want it. As a notary or notary signing agent, ain't my call, it's not illegal, there's nothing in CA notary Handbook that prohibits a notary from performing both types of notarization on one document. It's two notary acts.

Just my 0.02 cents

Terri
Lancaster, CA

Reply by rengel/CA on 6/22/07 4:00pm
Msg #196495

That's my take on it also, Terri n/m

Reply by JK/TX on 6/22/07 8:01pm
Msg #196531

Re: Terri and Rengel..........

Wish ya'll were the ones to sign up the borrower I sent docs to this week (in CA). 3 of the Affidavits in the loan pkg., that had Jurats and Acknowledgments, were not completed by the notary...I guess the notary took Jersey Boys take on the doc...... they were incomplete and the transactions did not fund and now the docs have to be sent back to CA and the seller has to wait on funding,,, and is pissed to say the least.

Not to mention the cost involved for everyone. Cost for the borrower (time is money and he is loosing rent on the leases)..... title co (time is money and it's time that could be spent getting another pkg. ready to go out, that maybe some SA is sitting around waiting on).... seller (paying daily interest on a lien that should have been paid off).... lender (loosing interest per diem for their new loan).

Jurat and acknowledgment, there for a reason... please complete them “and” stamp each of them. (Is it illegal anywhere?) As far as the fee, charge for both of them,,,, it is not, not multiple choice.

shhhhhhooou............ thank you, I feel a little better now :O)