Posted by Hugh Nations Signing Agents of Austin on 7/7/08 10:09pm
Msg #254391

Personally known to me

Frequently, I encounter acknowledgements that state the borrower is "personally know to me." Generally, this is presented as an option, which I strike. Less frequently, but nonetheless fairly often, I get affidavits in which the prelude itself states that the borrower is "personally known to me." This is never presented as an option, but simply as a statement of fact. The most frequent document containing this is a Texas Marital Status Affidavit. I always strike the allegation, and, when it is in the prelude to an affidavit, have the borrowers initial the strikeover.

Does anyone else encounter this, and, if so, how do you handle it? Any idea why lenders/TCs would construct, and then retain, an affidavit which will almost always be wrong? Of all the closings I have done in the past six years, I have had only two in which I actually knew the borrower.

Reply by Lee/AR on 7/7/08 10:45pm
Msg #254394

Easy. "This is what we have always done it." Nobody (except us) actually reads this prior to including it in a package. And to change it might mean w o r k.... a thing to be avoided.

Reply by Donna LaBelle on 7/8/08 5:57am
Msg #254401

In CA we can no longer use personal knowledge to identify anyone.

Reply by Calnotary on 7/8/08 7:58am
Msg #254408

IF it is within the notary certificate I don't have the borrower initial. Just my initials.

Reply by Hugh Nations Signing Agents of Austin on 7/8/08 9:15am
Msg #254414

***IF it is within the notary certificate I don't have the borrower initial. Just my initials.***

Same here. But in the prelude to the affidavit, they initial.

Reply by Gary_CA on 7/8/08 9:51am
Msg #254417

Personally known to who?

I understand in the notary certificate, which usually says "personally known to me or presented identification...yada yada..." since it already says "or" I never bother to strike.

In CA we can't use personal knowledge any more and our new legal certs don't include that language...


I've never seen the Affidavit you're talking about but if it's in the body/preamble of the the affidavit is it talking about knowledge of the notary or knowledge of the affiant???

I can't picture the language in my pointy little head at the moment.

At any rate you got it right... strike it and initial, you if it's in your cert, them if it's in their statement.

Here in CA I spend my days writing "Certificate Attached" accross the now non-compliant notary box so that some genius doesn't glance at it and think I missed a stamp.

Reply by Hugh Nations Signing Agents of Austin on 7/8/08 1:26pm
Msg #254434

Re: Personally known to who?

***I can't picture the language in my pointy little head at the moment.***

For all pointy heads:

"BEFORE ME, the undersigned authority, a Notary Public in and for said State and County, on this date personally appeared, the undersigned, personally known to me, who, after having been by me first duly sworn, upon oath, according to law, deposed and said:"

The Marital Status Affidavit is a part of most Texas closings, since this is a community property state.

Reply by JanetK_CA on 7/9/08 4:15am
Msg #254542

Re: Personally known to who?

I've been running into that a lot lately, too. I just line through the whole thing (with a note to see attached...) and attach a CA all-purpose Ack even if it's going to another state. If there's a part of that state's normal ack that I don't feel comfortable with (like saying I personally know someone I just met), I won't modify it, I'll just replace it. (If it's jurat verbiage, as in the example you gave here, I don't have a choice and have to replace it anyway, regardless of where it goes.) Kind of a pain in the neck, but that's how I handle it, FWIW.

Reply by SharonMN on 7/8/08 1:47pm
Msg #254437

Re: Personally known to who?


So you can't notarize for someone you've known for 40 years unless you find 2 total strangers (credible witnesses) to say THEY know that person? That's interesting.

In CA we can't use personal knowledge any more and our new legal
certs don't include that language...

I always strike "personally known" replace with "proven" and initial, even if it's in the preamble, as long as it is worded as part of the notary certificate (i.e., if the preamble says something like "John Smith appeared before me, the undersigned notary and being duly sworn...." I take the position it is part of the notary certificate).

Reply by Dave_CA on 7/9/08 10:09am
Msg #254573

Rubber stamp

Gary is right almost every package I get has some incorrect, for CA, language in the ack. or jurat.
I got tired of writing so I got a blue ink stamp.
SEE ATTACHED CA COMPLIANT CERTIFICATE
I now just stamp and initial.

Reply by thnotary_NY on 7/8/08 3:52pm
Msg #254454

NY Acks, say "......personally appeared.(Name)................., personally known to me or proved......