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Jurat question
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Jurat question
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Posted by Priscilla Witman on 11/11/11 1:54pm
Msg #403613

Jurat question

Has anyone else been told a document would be rejected for recording if a husband & wife's last name was not spelled out twice? For example...
"John & Jane Doe" vice "John Doe & Jane Doe"?

Reply by Bee_CA on 11/11/11 1:55pm
Msg #403614

I haven't been told that, but I always list their full names separately "John Doe and Jane Doe".

Reply by Cam/CA on 11/11/11 1:58pm
Msg #403615

Re: I have always put John Doe and Jane Doe, have never even

thought about putting John and Jane Doe

Reply by VT_Syrup on 11/11/11 2:16pm
Msg #403617

Re: I have always put John Doe and Jane Doe, have never even

It could be a problem in the case of unisex names and maiden names. Lets say the signatures are illegible, and the printed names are Jerry Montana and Terry Taylor Montana. On the name line in the jurat you put "Terry Taylor and Jerry Montana" So is Taylor Terry's maiden name, which she now uses as a middle name? Did she show you her old ID in the name Terry Taylor? Does your jurat mean that you could only identify her as Terry Taylor and can't vouch for her last name being Montana?

If it were me, I wouldn't trust myself to imagine all the tricky situations that might come up, and just write the full names.

Reply by Bob_Chicago on 11/11/11 2:10pm
Msg #403616

Re: Jurat question?? Documents with jurats are usually

not recorded.
Most recorded dox bear an ack, such as a mortgage/trust deed, grant deed, release of lien
etc.
Agree and "John & Jane Doe" is porobably not properly recordable.
And also , I have seen many loan documents with a preprinte jurat when there should have been an ack, and vice versa.
Jurat are usually used when someone is stating under oath that certain facts are true and correct .( eg. "we currently cccupy the subject property. )
An ack should be used when someone is promising to perform a certain act in the future.
(eg . I will sign additional documents if required or I will keep the propety insured)

Reply by Priscilla Witman on 11/11/11 6:03pm
Msg #403642

It was legitimately a jurat.

That was what the client presented to me. I didn't advise, speculate, etc. Just recorded the entry, filled out the cert, administered the oath, collected the signatures. However, I made a mistake and filled out the cert "John & Jane Doe" instead of "John Doe & Jane Doe". I will not make this mistake again.

Reply by CopperheadVA on 11/11/11 2:17pm
Msg #403618

I always write out each person's name in the notary cert

I never would write "John and Jane Doe" - it's always John Doe and Jane Doe.


Reply by Roger_OH on 11/11/11 3:22pm
Msg #403622

Absolutely both...

"John" didn't sign the document before you, John DOE did.

Reply by Priscilla Witman on 11/11/11 5:32pm
Msg #403639

Thank you.

Roger, your response was very concise. I am ashamed to admit, I have made this mistake.

Reply by jba/fl on 11/11/11 5:16pm
Msg #403636

Interesting question - and I think first time asked here

Of all the answers, I liked Roger's best - most clarifying. I agree with everyone else as well.

Reply by Karla/WA on 11/11/11 6:58pm
Msg #403645

Re: Interesting question - and I think first time asked here

I have to say, that on title docs I have routinely wrote "John and Jane Doe", however, on the Deed any other docs, I always write the individual names of the borrowers.

I have never had Title companies come back to me with changes to title docs, even though I notarized those....but I think it's a good idea to list the individual names on Deed.....

Don't beat yourselft up....We always live an learn!

My best to you...




Reply by BrendaTx on 11/11/11 9:40pm
Msg #403662

Karla/WA, Why?

"I have to say, that on title docs I have routinely wrote "John and Jane Doe", however, on the Deed any other docs, I always write the individual names of the borrowers."

If you know that it is correct to write the full names of the borrowers on the Deed (?) [recorded documents?] why would you take an incorrect short cut like that?

I would like to go on record to say that just because a notary can get by with taking short cuts without a call from the hiring entity does not mean that it is right; it is not the hallmark of a serious, professional notary.

If I have read this post wrong, please forgive me. I just can't understand why one would do it wrong if they know that it is wrong.






Reply by LKT/CA on 11/11/11 8:24pm
Msg #403648

Yep, like Roger's answer the best.

Reply by Karla/OR on 11/11/11 9:08pm
Msg #403656

Good job Roger. Just a side note: I work in a law office where documents are always shown with the two names spelled out on SEPARATE signature lines for notarization. So it goes to the thought that it would be the same on any other legal docs.


 
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