Posted by GOLDGIRL/CA on 8/31/11 12:14am
Msg #395819

Confuzed

I see this on docs occasionally:

"Before me ... personally appeared so-and-so, who being by me first duly sworn, deposes and says ...."

Then in the notarial portion it says: "The foregoing instrument was acknowledged by so-and -so who blah blah blah and who did not take an oath."

Now, if he was" first duly sworn" at the beginning, why at the end did he "not take an oath"? I don't get it.

Reply by Notarysigner on 8/31/11 1:11am
Msg #395821

Looks to me like it is a "short form" of a Jurat and an Ack. In other words requiring two separate Docs.

Reply by Alz on 8/31/11 9:39am
Msg #395849

It is sometimes called a "Hybrid". n/m

Reply by Lee/AR on 8/31/11 1:30am
Msg #395824

You aren't confused, they are. n/m

Reply by jba/fl on 8/31/11 9:43am
Msg #395852

Agree. n/m

Reply by SheilaSJCA on 8/31/11 11:21am
Msg #395866

I have seen these frequently. I have asked and was told to use an acknowledgement. Since it says at the end , did not take an oath, it really cannot be considered a jurat.

Reply by MikeC/NY on 8/31/11 3:02pm
Msg #395911

I've seen these a number of times, usually from the same Florida TC. The first time I got one, I called the TC and asked what they wanted me to do - take an oath or not? They had no idea and said it didn't makes sense to them either. After chewing it over for a while, they decided it was just an acknowledgment.

Reply by GOLDGIRL/CA on 9/1/11 12:25am
Msg #395963

Thanks, everybody

Your responses were a huge help. I suspect that the FL TC you called, Mike, is the same one that I'm dealing with. I thought of calling them, knowing I would probably get a bunch of smoke blown in my face, and after reading your post, it seems you've already been there, done that.

So, I agree with you and Sheila - this has to be an ack - so that's what I attached.