Posted by Hugh Nations Signing Agents of Austin on 6/10/10 8:00pm
Msg #340476

Two questions

1. If a document's preprinted date is June 1, the signer signs and dates on June 2, and acknowledges his signature before a notary on June 3, what is the date of the document?

2. Is the following a jurat, an acknowledgement, or both, either an acrat or a jurledgement?

Personally appeared before me the undersigned authority, the within named Josephine Doakes, who after being first by me duly sworn, acknowledged to me that he/she/they executed the same as their true and voluntary act and deed and that the facts and representation contained therein are true and correct as therein stated.

Reply by MW/VA on 6/10/10 8:05pm
Msg #340480

LOL, that is pretty funny--someone put everything in there, including the legal "kitchen sink".
As I read it, it's even more than an ack/jurat combo, it's an affidavit. LOL

Reply by aurelio/FL on 6/10/10 8:55pm
Msg #340489

Don't know about #1 but I think #2 is an acknowledgment. They are just asking that the person give the ack. under oath, which is silly but I do see it a lot ("and who did take an oath").

Reply by Lee/AR on 6/10/10 8:58pm
Msg #340490

A definite maybe n/m

Reply by aurelio/FL on 6/10/10 9:01pm
Msg #340491

On second thought

#2 also has the person swearing that the facts in the doc are true and correct, so I guess it is one of those mixmatched certificates. Not allowed here in Florida, I would attach two separate certificates - an ack. and a jurat.

Reply by Susan Fischer on 6/10/10 9:19pm
Msg #340494

With #2 handled above, I'd call the doc as dated June 1,

because it's preprinted, on the doc, regardless of signatories or notarization.

Reply by Bob_Chicago on 6/10/10 9:49pm
Msg #340497

Re: Two questions 1. I would say date of doc is

preprinted date of June 1. ( Eg . Note dated June 1 and signed on a subsequent date, would usually state something like. "The obliations under this note are secured by a mortgage dated the same date as this note." Or, I have seen mortgages that state something like
This mortgages secures the obliagions under a note made by mortgagor and dated as of the date of this instrument". Both dox may be physically signed on a date(s) subsequent to the typed date, but the instruments are still "dated" as of the stated date.
2. As I see it , if the party executing the doc is saying , under oath, that certain fact(s) are true and correct as at the time of execution of the doc, ,then a Jurat is reqd. If they are
promising to perform certain act(s)( or to refrain from doing certain act{s} ) in the future, then a Ack is reqd. Sad to say, many document drafters screw up this simple concept on a regular basis.

Reply by Susan Fischer on 6/10/10 10:27pm
Msg #340502

Right on, Bob. (And have a blast at the thing.) n/m

Reply by Ernest__CT on 6/10/10 9:57pm
Msg #340499

ROFLMAO! Thanks, Sir Hugh! n/m