Posted by HisHughness on 11/13/10 1:37pm
Msg #361203

Query

Acknowledgments carry a declaration of venue. Jurats don't. Anybody have a rationalization for that?

Reply by Lee/AR on 11/13/10 2:09pm
Msg #361204

Nope. Arkansas says venue should always be present. I get tired of writing it in.
Rationale for why it's present or missing? Same reason as some of the totally twisted
'say what' wording we often see.... because they can.

Reply by Linda_H/FL on 11/13/10 2:10pm
Msg #361205

Same in FL, Les

Venue is one of the required elements of any and all notary certificates.

Reply by Vince/KS on 11/13/10 2:45pm
Msg #361210

same - venue on notarial acts - Kansas n/m

Reply by Glenn Strickler on 11/13/10 2:44pm
Msg #361209

Jurat venue required in CA n/m

Reply by HisHughness on 11/13/10 3:32pm
Msg #361217

Re: Jurat venue required in CA

But what is the rationale behind NOT requiring similiar a declaration for an acknowledgment?

Reply by Susan Fischer on 11/13/10 4:21pm
Msg #361220

Venue required in Oregon - as it's a notarial act. n/m

Reply by BrendaTx on 11/13/10 5:01pm
Msg #361223

Rationalization...

Jurats are usually attached to an affidavit that has the venue at the top. (So thinks the legal software that generates form documents.)

If the venue is at the top of the sworn statement, then it could serve for the notary's venue if it is accurate.

Legal forms have not caught up with modern transportation and the fact that notaries can cross county lines to notarize documents.

The venue obviously needs to be there. The legal software just hasn't caught up.

I stamp it in or print it...always, if it is not there.

Reply by HisHughness on 11/13/10 7:03pm
Msg #361230

Re: Rationalization...

Excellent theory, but it breaks down in practice.

The DOT always carries an acknowledgment, and my experience is that the certificate rarely contains a declaration of venue.

Reviewed the 79-page document lender package for one closing. A "Borrowers' Affidavit" carried a jurat with no venue declaration either preceding the body of the affidavit or in the certification.

My guess is that a freshman attorney drafted a jurat in 1965 that was picked up by the Internet and has been copied through the years. It had no declaration of venue, and thus jurats have been lacking them ever since. The same principle is at work as with those people who forward emails about missles creating electro-magnetic pulses that disable cruise ships: If it comes through the Internet, then it absolutely positively HAS to be correct.

On second thought, though, a neophyte attorney would never have made that mistake. They check things out. It had to be a lawyer who had been in practice for decades, and figured he knew everything worth knowing -- especially about something as insignificant as a notarial certification.

Reply by Susan Fischer on 11/13/10 7:51pm
Msg #361231

I'd bet a dollar I don't have on that one, Hugh. I've seen

so many without, particularly affidavits, I just add the Jdx where ever there's room.

Also, starting to see some with jdx in the body of the cert.

Reply by BrendaTx on 11/14/10 6:27pm
Msg #361304

Re: Rationalization...

*The DOT always carries an acknowledgment, and my experience is that the certificate rarely contains a declaration of venue.*

I have never encountered that.

Reply by C. Rivera Chicago Notary Services on 11/13/10 7:57pm
Msg #361232

maybe its because jurats were originally used in affidavits,

and the venue is not necessarily needed at the bottom part of that form, where the notary dates and signs, since its already listed at the top of the affidavit. my .02 cents