Posted by Roger_OH on 2/3/10 1:05am
Msg #320928

Informal poll re oaths/affirmations...

After administering the oath to some borrowers tonight, they both marveled at the fact that I had done so, saying it had never been done in their previous refis (I'm sure you've heard the same sentiments multiple times). I showed them the jurat language on some of the docs, and explained that Ohio law imposes some nasty penalties if the oath is not administered when required.

Got me to wondering how y'all give the oath when doing a loan package. Having heard some opinions here over the years, and realizing that the wording may vary somewhat among states, Do you:

1) Give a blanket oath for the whole package (and any jurat docs therein) prior to, or after signing?

2) Give the oath just for the handful of jurat docs (again, before or after signing them)?

3) Give a separate oath for each individual jurat doc?

4) Another method?

Reply by desktopfull on 2/3/10 1:43am
Msg #320930

#3 n/m

Reply by CopperheadVA on 2/3/10 5:32am
Msg #320931

#3, but I would like to hear sample stmts for #1 & 2 because

I've been thinking about switching to that method.

Reply by SharonH/OH on 2/3/10 5:42am
Msg #320933

#1, but with reminder "nudges" throughout the closing. "please read the affidavit through; remember, you are under oath...." etc. I have had a realtor (purchase closing) look at me in shock and say that she has never seen a notary issue the oath before, and I've had a loan officer accuse me of trying to intimidate the borrowers by giving the oath.

Reply by Marian_in_CA on 2/3/10 6:07am
Msg #320934

#4...

It's no different than, say in court... they don't make the person swear for each question, or between lawyers or even after a break. The judge simply reminds them that they're under oath.

For me, I essentially do an oath first, then the affirmation at the end.

In CA, we do not have prescribed oath/affirmation language. I usually say something like, "We will be dealing with several documents that require your signature under oath...."

Then, as we get to each document, I say, "This is one of the document that requires the oath you took earlier...."


At the end, I finish it up with, "Do you affirm that the statements made in these documents are true?" I don't think that it's necessary, but I do it just to "tie" it all up at the end.



I cannot imagine putting them under oath for each and every doc that requires it. Good grief.

Reply by BrendaTx on 2/3/10 6:47am
Msg #320938

Re: #4...similar to Marian

Another method. People who appear before me are well aware that they are signing/subscribing/swearing/or/affirming/or/acknowledging to each document they are but we don't go through a hand-raising and swearing at every turn of the page. If I judged they needed so much reminding through administering of an official oath every few pages I'd have to wonder if they were senile or afflicted with amnesia, which of course, would stop the whole process. (I do say something like, "of course, you swear or affirm to these facts, please sign when you are ready...)

Reply by Lee/AR on 2/3/10 6:52am
Msg #320939

#4 Re: Informal poll re oaths/affirmations...

Pretty much as Marion outlined except mine is also in writing as part of my 'disclaimer'... which is the first and last thing they sign (yes, twice).

Reply by kathy/ca on 2/3/10 10:00am
Msg #320957

Lee, I ALWAYS have them sign my Disclaimer but there is

nothing in there about taking an oath/affirmation. Would you kindly post or PM me as to how this wording is inserted in your Disclaimer. I like the idea very much. Thank you!

Reply by kathy/ca on 2/3/10 10:24am
Msg #320960

Actually mine is a Hold Harmless Agreement, is that the

same thing as a "Disclaimer"? I imagine it is!

Reply by jba/fl on 2/3/10 7:45am
Msg #320943

#1

I preface the entire process with their oath: Before we get started, do you swear...to the best of your knowledge...the documents we are about to sign....
and when we get to the document: by signing you are indicating your oath (or something like that)

As others have indicated, once is enough with gentle reminder(s) throughout sometimes. Since I present all affidavits up front right after HUD, it's not necessary to remind until/or if something pops up in the package later. If I need to remind constantly, are they competent to sign?

Reply by PAW on 2/3/10 8:01am
Msg #320946

Re: #1 - Same here, same reasoning, same thoughts. n/m

Reply by John Schenk on 2/3/10 8:04am
Msg #320947

Ditto. n/m

Reply by Vince/KS on 2/3/10 12:19pm
Msg #321023

Re: #1 - Same here, same reasoning, same thoughts. n/m

Reply by John/CT on 2/3/10 8:11am
Msg #320948

# 1 after the Acknowledgement that asks:

"Do you acknowledge the fact your signatures on these documents constitute your own free will, act and deed ... with full knowledge and understanding of the consequences of these actions (like giving a mortgage on your home, creating an obligation to pay, etc, etc) ... and in your stated capacity for the purposes stated therein?" After the borrower(s) response, I raise my right hand (to which they do also), and I ask: "Do you solemly swear or affirm .........?" After going thru this thousands of times over the last ten years, this "drill" rolls off very smoothly and in practically no time at all.

Reply by parkerc/ME on 2/3/10 8:20am
Msg #320950

#1 - Combined oath and acknowledgement wording up front. n/m

Reply by Notarysigner on 2/3/10 9:06am
Msg #320953

#1 for each borrower, together or sometimes separate.

Reply by MW/VA on 2/3/10 9:49am
Msg #320956

#2--I wait until we get into the title docs & affidavits. n/m

Reply by Dennis D Broadbooks on 2/3/10 10:32am
Msg #320964

#3 n/m

Reply by OR on 2/3/10 10:58am
Msg #320975

Re: #2 before and after "they" read the doc. n/m

Reply by Art_MD on 2/3/10 11:44am
Msg #320998

#1 n/m

Reply by LKT/CA on 2/3/10 12:03pm
Msg #321011

#2 n/m

Reply by SharonMN on 2/3/10 2:14pm
Msg #321077

#3, administer oath for each jurat document. I like people to know what they are swearing to. Although sometimes I will do a few at once if there are several jurat documents in a row ("Do you swear that the statements made in these 3 documents are true?"