Posted by raebeth on 9/27/09 2:55pm
Msg #305277

Need expert advice quickly-especially texas

I checked the search before I wrote, however, none of the messages addressed this specifically. I received a set of documents to have signed this weekend. Docs were by Bank of America. The notorial certificate on the Marital Status affidavits under the venue, then contained the Sworn and subscribed statement and then contained a signature line for the affiant to sign and then came another line with the borrowers printed name. Then I as the notary was to sign and seal underneath their printed name.

I found this unusual because the statement prior to the certificate had alredy been signed and dated. I do not understand the nesscity for them to sign inside the notorial certificate.
However, in all of my training, my understanding is that the notary only is to work inside the certificate. No other signatures are allowed. My thinking at the time is that if they have already signed, why would they need to sign again? Also, I have not seen this asked for at any other time on any certificate. Does anyone know if Bank of America can have this done?

I am asking this because shortly after receiving and printing the documents, I received an email from the hiring agency addressing notaries for not having the borrowers sign the marital status statement. I did not understand what she meant at first until I went to the borrowers home and saw the marital status statement first hand.

Just so you know, I did not have the borrowers sign inside the certificate. Again, I do not know of any situation that allows for a signer inside the certificate or any one company having permission to set up a notorial certificate this way. Any other knowledge on this? Please help quickly.

Reply by A S Johnson on 9/27/09 8:00pm
Msg #305322

Thank you for bring this up.
I have also seen this with B of A re-fi docs.
I 've just had the borrow sign where indicated by thier name being printed or the title "borrower/co-borrower" was.
By the way, who was the SS you were working for?
Where in TX are you?
Maybe, Bernda Stone can shed more light on this.

Reply by raebeth on 9/27/09 8:37pm
Msg #305327

The signing agency is AYRSA - the first time I have worked for them. Who is Brenda Stone?

I plan on calling the SOS on Monday am to pose the question.

I placed the word "by" at the place where their name is printed. All of the wording was correct by Texas wording with the exception of the word by.

Reply by MW/VA on 9/27/09 8:33pm
Msg #305326

I haven't seen it, but from what you're describing it sounds like the doc was incorrectly prepared.
No one signs inside the notarial block except the notary.

Reply by raebeth on 9/27/09 8:39pm
Msg #305328

Thank you! I need to reply to the agency and I need all of the back up I can get. It occurs to me that other notaries are not having it signed either or an email would not have been written. However, all of my training says that is not to happen. I do not believe any company out there can require it to be signed inside the notorial certificate.

Reply by MW/VA on 9/27/09 9:07pm
Msg #305334

Brenda Stone posts on this forum as "BrendaTx". If the doc you describe is a marital status affidavit, that is a title doc, isn't it? If the ss is calling out notaries for not signing it, it is because they can't in it's present form. Again, this is my opinion because I haven't seen the actual form.

Reply by raebeth on 9/27/09 9:25pm
Msg #305335

I am setting this up according to the outlook of the form.

State of:
County of:

Subscribed and sworn before me this _____ day of _____ 20__

______________ (affiant)


Joe Borrower (printed name)

______________________Notary Public (seal)
In and for the state of Texas

I do belive this has to be very improper.

Reply by Linda_H/FL on 9/27/09 10:16pm
Msg #305336

"Subscribed and sworn before me this _____ day of _____ 20__

______________ (affiant)"

Don't think that's a signature line - the work "by" is missing...in FL I'd add it...

"Subscribed and sworn before me this _____ day of _____ 20__ by

Joseph J. Jones (affiant) who provided _________________________ as identification.

MHO and how I'd handle it here

Reply by raebeth on 9/28/09 8:42am
Msg #305358

Thank You! I appreciate it.

Reply by MW/VA on 9/28/09 8:31am
Msg #305355

Looks like someone didn't know how to use "Word". As you described, the signature line for Affiant does not belong there.

Reply by raebeth on 9/28/09 8:43am
Msg #305359

Thank You!

I will write the agency back and make these points to them.

Reply by CopperheadVA on 9/28/09 6:26am
Msg #305348

Is that the only signature line provided for the signer(s)? Is there another signature line above the jurat certificate where the signer is attesting to the info in the affidavit? If not, perhaps you could create a signature line above the notarial statement and have them sign, then complete the jurat the way you already described, by inserting the word "by" and proceed from there?

Or, simply have them sign in the space provided, write a notation to "see accompanying notarial certificate" and attach a loose certificate (jurat).

Reply by raebeth on 9/28/09 8:47am
Msg #305360

There was another signature and date line above the certificate. My concern was that the notaries had received an email admonishing everyone to be sure and have it signed at the certificate as well. I was wondering if anyone else had run across this and how they either did or would handle it.

I will be discussing this with the agency today.

Reply by CopperheadVA on 9/28/09 9:14am
Msg #305365

Oh, I understand now. That's just crazy!!!!