Posted by Pierces Notary Services on 11/10/09 6:53pm
Msg #310582

Question re acknowledgement for TX property

I did a split signing today for a property that is in TX. The acknowledgment on the Deed of Trust confuses me - don't want to fill in wrong info. It reads as such:

Before me...."my name", on this day personally appeared "borrower's name" known to me (or proved to me on the oath of ______________________ or through ______________________) to be the person whose name is subscribed to the foregoing instrument......

What goes in the blanks? I don't want to fill this in incorrectly so I thought I'd check first.

Reply by John Schenk on 11/10/09 6:58pm
Msg #310584

I usually put "Valid Texas Drivers Licenses" in that blank..

unless there is another form of ID you're using like a military ID.

JJ

Reply by John Schenk on 11/10/09 7:01pm
Msg #310585

Re: I usually put "Valid Texas Drivers Licenses" in that blank..

You won't use anything after "on the oath of _____________." You just fill in the next blank on the ID you are using i.e. Valid (STATE) Drivers License(s), Military ID, Passport

JJ

Reply by John Schenk on 11/10/09 7:11pm
Msg #310588

The first blank "or proved to me on the oath of ______________________ " is used when you have a person in common that you both know that can attest to the identity of the signer. I've actually used that one time this year, but it's certainly not common for me to ever use that form of identifying someone. When I used it, I had a borrower that had an expired DL and not other acceptable form of ID, which of course I couldn't use. I visited with him a little bit and found out that I personally knew his employer. The employer came to the signing table, was sworn and attested that he knew this borrower to be John Doe, Jr., and that he was an employee of his for several years, and with that combination of identifying information, I notarized the docs. Folks from out-of-state will seldom get the opportunity to fill in that first blank. Just a FYI.

JJ

Reply by Linda_H/FL on 11/10/09 7:21pm
Msg #310592

Mary, you should be making the acknowledgment work for Pennsylvania, which is where you're notarizing - don't worry about TX wording...it has to work for YOUR state.

Reply by John Schenk on 11/10/09 7:49pm
Msg #310595

Agree with that! n/m

Reply by Pierces Notary Services on 11/10/09 8:20pm
Msg #310598

I know what you are saying. When I attended a notary class for Pennsylvania Association of Notaries last year I was told I could use another state's acknowledgment. I had questioned them at the class. They said that you could use it. I will double check my notary handbook and the info I received at the class to clarify.

Reply by PAW on 11/11/09 6:36am
Msg #310617

Usually you can use an out-of-state certificate as long as it is compliant with your own state laws, procedures and practices. Sometimes, it is just easier and neater to replace the existing certificate with a state compliant loose certificate. Other times, it is just a matter of a few pen and ink changes.