Posted by LC/AZ on 11/1/07 5:02pm
Msg #219334

Survey Affidavit is confusing

The notarial block on a Survey Affidavit reads:

___________ ____________
John Doe Jane Doe

SWORN TO AND SUBSCRIBED BEFORE ME, by __________________, Notary Public of the state of ___________ on this ___ day of _______, 200__.


_____________________
Notary Public, State of _________
_____________________
Notary's Name Printed
My Commission Expires___________

My thinking is, I can, either, put Borrower's names after "by", then cross off "Notary Public of the State of ____", and initial or I can cross off the "by", initial and then write my name and fill out the rest. (I hope this makes sense.) Called the S.O.S and they said to just fill it out, "as is", because you can't do strike outs in a jurat. (Why then, when venue is preprinted and it's wrong, can we correct and initial?) Anyway, the way this document is worded, if it's filled out, "as is", it makes the Borrowers seem like they're the Notary Public. Anyone know for sure?

Reply by dickb/wi on 11/1/07 5:19pm
Msg #219336

draw a diag line thru it and attach an az comliant jurat....

that always works.....i think your person from the sos may not have understood your question as the notary block, jurat or ack is the realm of the notary and you can change it to conform to your attestation.......you control.....the document maker can tell you which one they want but you can hand write it if you have to as long as it is state compliant.....

Reply by MichiganAl on 11/1/07 7:09pm
Msg #219355

Nothing to cross out

Borrowers sign above their name

SWORN TO AND SUBSCRIBED BEFORE ME, by (borrowers names here, they're the ones swearing). I think what's throwing you off is you might be used to wording like this: SWORN TO AND SUBSCRIBED BEFORE ME, LC the notary, by...... Get it?

Then you sign above Notary Public, State of _________, print your name on the next line, commission on the next.

Reply by MikeC/NY on 11/1/07 9:17pm
Msg #219366

I've seem both formats in the same package

One jurat will say "sworn and subscribed before me, by _______, Notary Public of the state of _________, on this ____ day....", while the other will say "sworn and subscribed before me by __________ on this____day...."

Reading the way the two statements flow, it's pretty clear that they want the notary's name in the first format, and the signer's name in the second format; that's the way I handle them, and it's never been a problem. I think it's the word "by" that throws you in the first format; although it's technically correct the way it is, it's awkward and would make more sense if they just removed it. I've given up trying to figure out why they can't standardize this stuff in the same package...

Bottom line - you're the notary and you "own" that block. If your state mandates jurat wording and this doesn't comply, strike it and either attach a loose jurat or write in the correct wording. If it confuses you, strike it and attach a loose jurat or write it in.