Posted by Calnotary on 11/13/10 11:09am
Msg #361180

What's your normal procedure on this...

It's a legal size paper affidavit on top it's the venue, but all the way to the bottom is the rest of notary certificate, of course in the middle of the page is the whole wording for the particular affidavit, what do you do? Doesn't the notary certificate has to be all in one piece not in 2 pieces? I know sometimes the venue of the document is on the top, but down in the page they sometimes spell the whole notary again in the venue again. Hope I make sense. Of course if the jurat is not CA compl. I just stamp my jurat or attach a loose cert. Thanks for your replies.

Reply by Linda_H/FL on 11/13/10 11:35am
Msg #361184

I print venue in just above the notary cert wording n/m

Reply by LKT/CA on 11/13/10 11:40am
Msg #361186

<<<...what do you do? Doesn't the notary certificate has to be all in one piece not in 2 pieces? >>>

Yes....the notarial certificate should be all in one place - not in two pieces on one page...........and not partially at the bottom of one page and then continuing on to the next page. All on one page is correct.

Reply by C. Rivera Chicago Notary Services on 11/13/10 7:59pm
Msg #361233

depends on your state's notarial forms/procedures...imo n/m

Reply by PAW on 11/13/10 1:00pm
Msg #361199

It is very typical for affidavits to start with a venue, followed by the facts, followed by the affiant's signature, and finally the jurat statements with notary signature and seal. IOW, it's not uncommon to see the notary "block" split placing the venue at the top. In Florida, it is not the preferred way to prepare an affidavit, but many affidavits are prepared that way, including some affidavits suggested by the state for special circumstances, such as an "Attorney-if-Fact" affidavit, Tanslator's Affidavit, etc. The FL Notary Manual (pg 13) even shows a affidavit format where the venue precedes the facts sworn to by the affiant.

Reply by FlaNotary2 on 11/13/10 3:13pm
Msg #361213

Disagree

>>>In Florida, it is not the preferred way to prepare an affidavit<<<

Except that it is the way every affidavit form within the Florida Statutes has been prepared, as well as the samples in the Governor's handbook. Obviously the preferred method in Florida is to place the venue at the top, followed by the preamble wording ("Before me, the undersigned authority...") with a jurat at the bottom.

Reply by BrendaTx on 11/13/10 5:05pm
Msg #361224

If the top venue is wrong, put it it correctly

on the notary certificate. Leave the top alone...says the old legal assistant. We can parse this one back and forth all day.

I deal with the notary certificate alone and insert the correct venue, as I have been advised to do by a Texas attorney.

As long as my certificate is accurate, I am doing the job correctly.

Other states' notaries should also see legal advice if confused.

Reply by PAW on 11/13/10 5:31pm
Msg #361226

Check a bit closer

Credible Witness Affidavit, for example, pg 33. A required element to a notarial certificate is the venue. Granted, many affidavits split the venue from the rest of the notarial statement, but the SOS Notary Education office interprets that the venue should be on the same page and should be immediately following the signature of the affiant when the signature is not on the same page as the preamble. I can't find the note that I received from the Florida Bar recommending that the venue of the notarial act be immediately before the certification statement. (It's been at least 10 years since the question arouse.)

Reply by FlaNotary2 on 11/13/10 5:54pm
Msg #361227

Re: Check a bit closer

>>>A required element to a notarial certificate is the venue<<<

Yes, and the preamble wording to an affidavit is part of the notarial certificate. The credible witness affidavit is the only instance in the Governor's manual where an affidavit is drafted that way. In all other instances the venue is placed above the preamble wording.

I think some Fla. notaries want to think like California notaries ("My certificate must be separate from the document")... that is just not the way affidavits are typically drafted in Florida. I don't know about anyone else, but as a paralegal I draft numerous affidavits every day, and I always place the venue above the preamble. This is how most attorney's have always done it and continue to do it.

We've argued about this in the past but I say let the statutory affidavit forms and the Governor's manual speak for themselves.

Reply by parkerc/ME on 11/14/10 7:57am
Msg #361241

Even if the venue is at the top of the affidavit, I still squeeze it in above my notarial cert. Also have seen affidavits where the venue is left blank at the top. In that case, I have the borrower fill in the venue and sign the aff, then I squeeze venue above my cert. I am just not going to have my ink on any part of the affidavit preceding the affiant's signature(s).

Reply by Jodith Allen on 11/17/10 12:48pm
Msg #361702

I fill it in above the cert, always. I don't want there to be any confusion about the certificate, and the examples in the WA state laws are very clear. I also correct wrong venues.

I've even adjusted a few certifications to make sure they meet WA state law when the cert didn't even meet the short form standard for Washington notarizations. And if the line for the notary signature has been pushed to the next page, I sign the cert on the page with the cert, not the next page.

I'd say that maybe one out of 10 loan signings have one of the above problems with the certs, with most of them being wrong venue or missing venue.