Posted by Kathy/ID on 2/22/08 5:03pm
Msg #236698

Owners Affidavit

I have a Owner's Affidavit but it does not have a Ack or Jurat on it but it is asking for a Notary Signature. I have called SS and TC but have not gotten any response.

Any Suggestions

Reply by Becca_FL on 2/22/08 5:11pm
Msg #236700

Read the body of the doc for clues. Does it say "Sworn to" or "Acknowledged" anywhere in the body of the aff? I don't know the laws in your state, but in Florida, if a doc has an incomplete certificate and we see "Sworn to" or "Acknowledged" we can attach the appropriate cert. without it being UPL.

Reply by Ndwa on 2/22/08 5:12pm
Msg #236702

Re: Owners Affidavit...Not the body

but probably the very beginning of the doc.

Reply by Kathy/ID on 2/22/08 5:29pm
Msg #236704

It has " who being duly sworn according to law and intending to be legally bound, depose and say:"

Reply by Dave_CA on 2/22/08 5:42pm
Msg #236705

who being duly sworn

In CA this would get a jurat stamp or a loose jurat.

Reply by Kathy/ID on 2/22/08 5:44pm
Msg #236706

Re: who being duly sworn

That is what I was thinking. Thank you everyone.

Reply by Becca_FL on 2/22/08 10:01pm
Msg #236722

It has " who being duly sworn..."

See, you found your answer. Think outside the box and use your skills...It's easier than it seems.

Reply by sue_pa on 2/23/08 7:21am
Msg #236734

Re: It has " who being duly sworn..."

I think many notaries who became notaries so they could become 'signing agents' have no idea what they're doing. They read these boards, they've 'had training' and are terrified of UPL and going to jail for something like this. Common sense doesn't enter into their worlds.

That said, I had a Note a month or so ago with a line and Notary Public typed under it. I made sure the title company sent me an e-mail indicating she wanted an ack although the processer just made it up on the spot, based on me insisting she send me something.

Reply by Kathy/ID on 2/23/08 9:33am
Msg #236750

Re: It has " who being duly sworn..."

I tried to get a hold of the tc but they were closed. - I did that before I even posted.

Thanks for the help. Loan did not close but I learned, that is the important part

Reply by LKT/CA on 2/23/08 12:01pm
Msg #236765

Re: It has " who being duly sworn..."

<<<<I think many notaries who became notaries so they could become 'signing agents' have no idea what they're doing. They read these boards, they've 'had training' and are terrified of UPL and going to jail for something like this. Common sense doesn't enter into their worlds.>>>>

Common sense doesn't enter your world either as you forget where you came from. People really want to become better at their job and seek information, guidance and tips. Brenda said it was her "first" of this type. Your holier-than-thou attitude is nauseating.

Reply by SueW/Tn on 2/23/08 1:11pm
Msg #236773

Lisa...take a breath

Sue's right on, this is a notary that needs to refresh herself on what she can and cannot do. People that come to a notary don't want to hear they don't know their rules and regulations, they just want the document witnessed. This is definitely NOT the time to learn how to be a notary public when you're dealing with a huge investment. The original poster has a nice profile, she knows her loan docs she just doesn't know her notary law.

Reply by janCA on 2/23/08 1:19pm
Msg #236776

This is basic stuff.

Even though it's not staring you in the face. Like Becca and Andy said, there's usually a clue within the document or at the beginning of the document. It's not something I'd be calling the TC on; it might make them think twice before calling you again.

Reply by LKT/CA on 2/23/08 4:38pm
Msg #236819

Breathing just fine....

You missed the point of my post to sue/pa.

The ideal way to learn and gain experience is being supervised and mentored but that is not always feasible. The only way some can gain experience is by on-the-job training....and yes, sometimes that could be when they are dealing with a huge investment.

Reply by sue_pa on 2/24/08 2:44pm
Msg #236934

Re: Breathing just fine....

...The only way some can gain experience is by on-the-job training....

anyone who advertises that they can perform a service and charges for that service should already know what they are doing. Learning should be done at the vendor's expense, not the vendee's.

If you need a new transmission and Gary the Garageman says he's never done one but he's 'had training' and can go to his internet pals if he's got questions, are you going to permit him to touch your car?