Posted by Lita on 4/13/10 6:34pm
Msg #331584

Having Signing Need a Quick Answer Fast

can't find this in the handbook and hope someone can help. If a document is asking for both a jurat and acknowledgment does the client have to pick one or the other or can they have both for the ONE document? I thought they could only have one type per one document.

I have a document titled "Owner's Affidavit and Agreement" I am being asked to notarize the signer with both a jurat and acknowledgment but not to print two documents and do one jurat and one acknowledgement for the one document. I'm told because the title of the document asks for both it is okay and "this is what the SOS told them". Is this true? If not, can you point me to where in the handbook it says no, so I can show support that.

Reply by PAW on 4/13/10 6:42pm
Msg #331588

Yes, it is fine to have both an acknowledgment and a jurat on the same document. Since the notarial act is different, they are not contradictory nor duplication. Just from the title, it appears that both would be prudent. An affidavit is where the affiant swears (or affirms) to the facts presented, and an acknowledgment would be reasonable to the 'agreement' terms and conditions. You don't see both on one document too often, but it does happen.

Reply by Lita on 4/13/10 6:46pm
Msg #331589

Thank you!

Reply by Hugh Nations Signing Agents of Austin on 4/13/10 8:44pm
Msg #331605

Most of the time when both an acknowledgement and a jurat accompany a document, it's been my experience that it's because the attorney or document preparer did not know what he was doing, so he simply attached both. I have had packets where almost every document had both. Annoying in the extreme.

Reply by Bob_Chicago on 4/14/10 1:03am
Msg #331626

And I frequently see dox which should provide for a jurat

having an ack printed and those requiring a ack having a jurat.
Don't these doc preparers know that a promise to do something in the future
(eg . Errors and ommissions) should not be used with a ack, and that
a sworn statement of an existing fact (eg. occupancy affidavit) should have a jurat and not an ack.
But, hey, what ever floats their boat.

Reply by Notarysigner on 4/13/10 7:07pm
Msg #331592

I get these a lot PAW answered the question. If the owners affidavit is like the ones I get, there is very little room for your stamp and the entire document repeats about every six lines. I notarize the one where the borrowers names appear, fill in the notary info and then give the oath and fill out the accompanying Jurat.

Reply by AmyNotary/CA on 4/13/10 10:55pm
Msg #331617

NNA just hosted a webinar today, and it covered exactly what you were asking. They said it would be archived under www.nationalnotary.org/webinar/archives. Check it out.

Reply by JanetK_CA on 4/14/10 3:11am
Msg #331633

Frankly, I wouldn't use them as a resource - and from other posts, it seems that I am far from alone in that feeling. They have been known to give out incorrect information - even for California. jmho.

Reply by Lita on 4/15/10 2:07pm
Msg #331871

CA SOS Says NO **Re: Having Signing Need a Quick Answer Fast

Okay, well I also asked the CA SOS this question and got an answer this morning, they said No. You must just one per document. So now I need to go back to the Signing Co and let them know and ask how they want to handle furture ones. Any suggestions? If you think it is ok can you point me to it in the CA SOS handbook? I'm also asking the SOS to do this so I have something to show the SS