Posted by bowie_MD on 5/16/07 3:23pm
Msg #190381

oaths and affirmations

I recently started working for 2 new title companies. I sat in on a few closings with closers on their staff.
When explaining the docs and getting signatures they did not ask "do you solemly affirm under penalties..." or similar language.
they simply explained the doc in general terms, got the signature and notarized it.
I thought we had to actually ask "do you solemly affirm etc, etc..."

same for acknowledgments, they did not ask if the signing constitutes their own act and of their own free will.

this differs from how I had been trained--what is the feeling out there. do you or dont you?

thanks

Reply by SharonMN on 5/16/07 3:34pm
Msg #190384

I do give an oath for a jurat. One for each jurat document. Some give an "all-purpose oath" at the beginning of the signing, but I like people to understand what language they are swearing to. Many are surprised when given an oath so I think often notaries don't do so - but then again many notaries are clueless about performing their duties.

I do not generally say anything for an acknowledgement, nor is it required. If I see the person sign, they are properly ID'ed, and there are no signs of coercion or impaired capacity, that's good enough for me. However, if someone brought me an already signed document, I would ask them to verify that they signed of it of their own free will.

Reply by PCasey/CO on 5/16/07 3:39pm
Msg #190386

I have seen some documents that the language states "having first been duly sworn" but it has an acknowledgement on it. I don't give an oath for those either since it's an acknowledgement. I don't think its wrong to give the oath if the document seems to indicate it but it's not required if the notary language is an acknowledgement. That was the same general answer I received from the Colorado SOS office.

Reply by Becca_FL on 5/16/07 3:48pm
Msg #190388

I don't give a "formal" oath, as it is not required by Florida law. I do let the signer know that by signing a doc w/ a jurat they are swearing or affirming that the contents of the doc are true and correct.

See page 12 of the FL manual for clarification.

Reply by Monica Valle-Cavero on 5/16/07 4:28pm
Msg #190410

I have never heard of asking "do you solemly affirm etc. etc. Not even when I bought my home.

Reply by Tookie_CO on 5/16/07 5:34pm
Msg #190429

PCasey/CO is correct in Colorado...

... it is required to verbally administer the oath but not on an acknowledgement. Check with your individual state for their requirements.

Borrowers are always surprised when I adminiister it but it is a simple thing to do and just one more way to stay legal.