Posted by Hugh Nations Signing Agents of Austin on 6/24/10 3:10pm
Msg #342364

Can anybody explain this?

The prelude to the Affidavit as to Debts and Liens states:
"BEFORE ME, the undersigned authority, on this day, personally appeared the undersigned (hereinafter called Affiant) (whether one or more) and **each on his oath,** deposes and says, as follows:"

The notarial certification is an acknowledgment, not a jurat.

What gives? Do the people who draw up these documents just have no idea of the basics of notarial practice? Do they just get enamored of their own words? How is it that the same documents, with the same sometimes incomprehensible errors, get used across the full spectrum of title companies?

Reply by Bob_Chicago on 6/24/10 3:24pm
Msg #342367

Just as many dox which say something like "Honest injun,

I live here" have an acknowledgment, and dox with something like "If you need me to sign more silly dox like these , I will be happy to" have a jurat.

Reply by Notarysigner on 6/24/10 5:24pm
Msg #342392

I figure that we are close to the same age but you two are sooo above me on this I'm going to move my cocktail hour up one hour. Geez! I meant that in a approval rating way okay?

Reply by dickb/wi on 6/24/10 6:04pm
Msg #342406

hugh...i can't begin to tell u how many........

affidavits i do that have acks and not jurats.....it drives me up a wall that there is much ignorance in the drafters of some of these docs.......then again i have seen some docs that clearly should have an ack as the notarial block and they insert a jurat.....go figure.........

Reply by JanetK_CA on 6/24/10 11:44pm
Msg #342441

Re: hugh...i can't begin to tell u how many........

LOL!! That's so true! I did a Mod Agreement today that was a simple two-page form. Towards the bottom of the second page, there was a line across it, and right below something like "see acknowledgments below". Then there were several notary blocks - one for each person, including the lender rep, and all jurats. Go figure.

Clearly, people (including attorneys) just don't get it and/or notary issues are not high on their list of concerns. In recent months, I've had two situations where I've referred attorneys to the SOS web page for the correct notary verbiage. I'll give them props, at least, for wanting to get it right.

Reply by MW/VA on 6/25/10 6:56am
Msg #342454

Re: hugh...i can't begin to tell u how many........

Yes, and it's a PIA because we can't choose the language (UPL in my state).
An affidavit is a sworn statement & needs a jurat--helllloooo!

Reply by Alz on 6/24/10 6:38pm
Msg #342415

Wish I could explain it, but the best I can do

is feel your pain and frustration. It appears that many TCs are using the same type of confusing hybrid verbiage. Do you think they should hire an attorney or technical writer to assist with the errors?

Reply by Teresa/FL on 6/24/10 6:56pm
Msg #342417

Re: Wish I could explain it, but the best I can do

"Do you think they should hire an attorney or technical writer to assist with the errors?"

Not unless that person is also a notary and knows what the notary statutes allow regarding certificate wording.

Reply by Alz on 6/24/10 7:54pm
Msg #342419

I wasn't serious.... n/m

Reply by PAW on 6/25/10 8:12am
Msg #342462

Fortunately, for notaries in Florida, we are directed by statute to use a jurat whenever an oath is required. FS §117.03 - Administration of oaths.—A notary public may administer an oath and make a certificate thereof when it is necessary for the execution of any writing or document to be published under the seal of a notary public. The notary public may not take an acknowledgment of execution in lieu of an oath if an oath is required.

Unfortunately, even Florida lawyers and other professionals do not know this and continue to affix acknowledgment certificates when a oath (or affirmation) is clearly and explicitly indicated.

Reply by Sylvia_FL on 6/25/10 9:46am
Msg #342482

Paul
I had one from Titusville housing authority yesterday. No certificate on it, just a line saying Notary Public for me to sign.
I explained to the guy who came that I needed to put a certificate on the document. Luckily it was a sworn statement, so I didn't have to ask what certificate he would like me to put on it.

I often see documents from the county offices that they want notarizing, but they never put a certificate on them, just a line for the notary. - And when they do put a certificate on them, the wording never conforms to Florida statutes. And these are local government offices.

Reply by PAW on 6/25/10 11:37am
Msg #342499

Deplorable, isn't it? n/m