Posted by Carol_SoCal on 3/4/07 2:21pm
Msg #178239

Affirmations or Oaths

What wording is commonly used for affirmations or oaths? And do you use an affirmation or oath each time you do loan signings?

Reply by Susan Fischer on 3/4/07 2:33pm
Msg #178241

Are you taking a test? n/m

Reply by BrendaTx on 3/4/07 6:11pm
Msg #178254

Susan, I think you are right...

That question is gobbledy gook.

Reply by Larry/Ca on 3/4/07 2:52pm
Msg #178243

Subscribed and sworn....

are the key words that indicate a jurat. The complete California wording for a jurat can be found on the SOS website and in your handbood. No, not all loan signings have a jurat to complete.

Reply by Jon on 3/4/07 3:17pm
Msg #178245

Yes, all loan signings may have an affirmation or oath.

Uh oh, looks like conflicting info, you're going to have to do some more research to find out who is right.

Reply by ewing2surf on 3/4/07 4:39pm
Msg #178250

Are you affirming that answer larry?

Reply by Larry/Ca on 3/4/07 5:28pm
Msg #178251

Yep n/m

Reply by Larry/Ca on 3/4/07 5:40pm
Msg #178253

Jon, would you be....

so kind as to point Carol to a source that would answer this question. I myself don't think there is one as this question is only answered through experience, your first signing where this certificate is not present tells you not all signings have this.

Reply by Katrina Arnaud on 3/4/07 8:59pm
Msg #178262

Re: Jon, would you be....

Okay, you guys, I had to go the the SS website to get this, but here it is:

§ 8202. Execution of jurat; administration of oath or affirmation to affiant; attachment
to affidavit
(a) When executing a jurat, a notary shall administer an oath or affirmation to the affiant
and shall determine, from personal knowledge or satisfactory evidence as described in Section
1185 of the Civil Code, that the affiant is the person executing the document. The affiant shall
sign the document in the presence of the notary.
(b) To any affidavit subscribed and sworn to before a notary, there shall be attached a jurat
in the following form:
State of California
County of _______________
Subscribed and sworn to (or affirmed) before me on this _______ day of _______, 20__, by
___________________, personally known to me or proved to me on the basis of satisfactory
evidence to be the person(s) who appeared before me.
Seal________________________________
Signature____________________________

Reply by Jon on 3/4/07 10:19pm
Msg #178271

Re: Jon, would you be....

My point is that the question is irrelevant. Why does it matter if you administer an oath or affirmation on every loan signing? If you know WHY you're required to administer an oath or affirmation, then the question loses all relevance.

It is similar to those that come on and ask how to perform the notarization for a particular document that they have never seen before. If you understand HOW to notarize and what your state statutes are, it doesn't matter WHAT the document is. If you know what an acknowledgment is, you can take one. If you know what a jurat is, you will know when to administer an oath or affirmation. There may be some exceptions based on the law in a specific state(LA comes to mind, things can be a bit different down there) but I would guess not very many.

Since the original poster is from CA, this is something that should be known in order to pass the notary exam. Whatever class she took was required by state law to cover the information.

BTW, my answer wasn't really conflicting with yours, Larry, just worded to confound those that choose not read what is actually written.

Reply by MikeC/NY on 3/4/07 5:39pm
Msg #178252

For the first part of your question, you need to check your state manual. For the second part - yes, you may use either or both. You need to know the conforming language for both, so again - check your state manual.

I'm not trying to be rude or a smart-a$$, but these are not questions you should be asking here - CA has a comprehensive manual for notaries, and 99% of what you need to know is in there. Asking questions about basic stuff here is just an invitation to get nerfed. Check your manual first, use the search button if you're still not sure, and then ask if you truly can't find the answer. Trust me, this will make your time here much more pleasant and productive....

Reply by ewing2surf on 3/4/07 6:19pm
Msg #178255

To answer your question Carol I use "Do you swear or Affirm that the infomation on this document is true and correct to the best of your knowledge"? Notice the afirmation is contained in the oath. You can be fined by the CA Secretary of State $750 for not administering the oath when excuting a Jurat.

Now for your next question. No Jurats? No oaths, however you could waste an oath on a loan package without a jurat and who would know?

Reply by Larry/Ca on 3/4/07 6:28pm
Msg #178256

Obviously, I didn't read the question n/m

Reply by Laura Vestanen on 3/4/07 6:30pm
Msg #178257

"What wording is commonly used for affirmations or oaths?"
Check your state's notary regulations. Available online at the Sec of State's office.

"And do you use an affirmation or oath each time you do loan signings?"
If the pkg contains a jurat:
Every single time without fail.

Reply by Maureen_nh on 3/4/07 9:31pm
Msg #178266

If is the qualifying word here--now to go on to acknowlegements and depending on your state, other little goodies such as certifications.

I think what eve4ryone is trying to tell you is that you need to become a competant notary for your state before you make the jump to signing agent.
As the song goes " you can't do one without the other "

Reply by Stephanie_CA on 3/5/07 12:30pm
Msg #178316

I have my own wording that I use for an oath.

Reply by Stephanie_CA on 3/5/07 12:33pm
Msg #178319

Re: Affirmations or Oaths--I obviously missunderstood the ? n/m

Reply by Gary_CA on 3/5/07 2:30pm
Msg #178332

Some loan signings make ME swear, does that count? n/m