Posted by Jacqueline Rice on 10/6/11 9:19am
Msg #399746

Occupancy Affidavits Procedures

When notarizing an affidavit for an out of state property do we change the state & county at the top to the state & county we are signing in or leave it as the state & county of the property? I can never remember the proper procedure. It is especially confusing when I need to fill in my state & county by my signature. I believe it should all be changed to the state & county I am notarizing in......anyone know for sure?

Reply by pan/nd on 10/6/11 9:27am
Msg #399748

It's always where you are when the docs are notarized...ie the state and county you are

notarizing in.

Just did one last night that had the very set of circumstances you are describing.

It can't all be changed to one way...because circumstances change that are out of the

lender's control as well as the Title Company and the borrowers' control.

Reply by MW/VA on 10/6/11 9:28am
Msg #399749

I change both to the location where the statement is

being made under oath & the signature notarized. I've never had one kicked back.

Reply by Jacqueline Rice on 10/6/11 10:03am
Msg #399753

Re: I change both to the location where the statement is

Than you for the answers. It's what I thought but you know, you go so long between out of state affidavits you start questioning yourself. Thanks again.

Reply by Stephanie Santiago on 10/6/11 10:24am
Msg #399757

Where you are when notarizing document... n/m

Reply by Renee Eubanks on 10/6/11 10:38am
Msg #399759

Where your feet are planted is what I was taught.

Reply by Notarysigner on 10/6/11 10:41am
Msg #399762

My take on this is a little different..I always

attach an Ack to the Doc if the Affidavit shows the property is out of state. I am notarizing the signature signed on the Doc, not the Doc itself. Most of those Affidavits don't have the California compliant verbiage so it is an easy decision for me.

Reply by MW/VA on 10/6/11 10:45am
Msg #399765

Just for FYI, except in CA where separate acks are SOP,

most of us don't use separate acks.

Reply by Notarysigner on 10/6/11 11:22am
Msg #399770

Re: Just for FYI, except in CA where separate acks are SOP,

Yes, I know, I was fortunate enough to have some of our fellow notaries here on NR send me requested copies/examples of their Acks which allows me to compare different states.

Reply by NJDiva on 10/6/11 11:29am
Msg #399771

In NJ we don't get any training...when I was commissioned

10 years ago, I had no clue how to fill out anything. I just kinda "winged it". I wasn't aware of the notary manual. I looked and could never find anything. So if you are in the position I was in, I certainly understand.

I'm not sure how long you've been a notary, but it's pretty much a given that the venue, "the state & county at the top", should always be changed to the location of the signing (assuming you are commissioned in that state.)

You mark one line to cross out the incorrect state and incorrect county, print in the correct area's and then initial each one. You may or may not have known or know that, but based on your question (if I understood it correctly), it appears you don't or maybe just had a "gray out"...lol...which I can most CERTAINLY understand. I guess as long as they're "gray outs" and not "black out's", then things aren't so bad, huh?

Good luck.

And thank you Marilyn for bringing me to my senses. Just a side note.

Reply by GOLDGIRL/CA on 10/6/11 1:25pm
Msg #399795

I am of the school of thought (which has been covered here before) that whatever the lender has typed at the top is not for me to monkey with. The "top" part of the aff is the lender's area, the "bottom" part where the jurat (or ack) is - is mine. If the preprinted venue is not where we're signing, then that gets changed.

This applies to out of state properties, of course, but also to in-state loans where the (preprinted) county of the property is not the county where we're signing. I make it a rule to never alter anything on the docs outside of my notarial certificates and the RTCs. Kept me out of trouble, so far ...

Reply by jnew on 10/6/11 2:56pm
Msg #399809

I am going to concur with @goldgirl. My state requires the venue to be a part of the notary certification. Wisconsin also requires the printed names of the sworn parties as part of the jurat. Many of the affidavits that are part of a loan package will not include the venue as part of the jurat. They also will not name the parties signing the affidavit in the jurat. I generally leave the top line showing county and state as is. I write in the venue as part of the jurat section. I also name the sworn parties signing the affidavit in the jurat as well.

That also opens up the question of whether the change of state and county on the top line is considered a change to the document and if it requires initials by the signing parties alone or the initials of the notary included with theirs. I don't consider the top line to be a part of the jurat, and as such, would not require me to initial that specific change. I really don't see where this is a notarization issue but rather a lender/title company issue. So if my closing instructions are silent as to changing the top line, I leave it alone. I would not have any problem initialing the top line change, but would only do it as a signing agent following the signing agent instructions. I have not had any negative responses from any of my closing customers by doing it this way.

Reply by dickb/wi on 10/6/11 5:53pm
Msg #399824

as paul would say....venue is where your feet are when sig.. n/m