Posted by HisHughness on 4/7/12 11:48am
Msg #417227

Does anybody have any explanation...

...for the common practice of using venue declarations on acknowledgements, but not on jurats? It seems to be universal across the industry. I have wracked my senility impaired brain for a logical explanation, but have not come up with anything. The only explanation that seems to fit is that sometime back in the deep, long-ago recesses of the real estate industry, some lawyer in a walnut-paneled suite with no real contact with the roiling masses of humanity did an acknowledgement with venue and a jurat without, they were picked up by someone, and then spread like a virus thoughout the industry.

Reply by JPH13/MO on 4/7/12 12:12pm
Msg #417228

I think it started due to affidavits where they originally put the venue at the top, then wording such as before me (your notary name here) appeared so and so, who being first duly sworn, deposes and says (or similar wording) and then the affidavit wording with the Jurat wording at the bottom minus a venue, which wasn't necessary since the entire affidavit became part of the Jurat.

At some point they began leaving out the "before me (the notary)" wording but kept the venue at the top, and nowadays I see various affidavits from the same company where on some they leave a venue at the top and some don't have one anywhere.

Just an educated guess since I have been in real estate most of my life and have seen this gradual change. It is annoying to have to hand write the venue at the top of all the Jurats. I wonder how many uneducated neophytes don't know to do that.

Reply by Lee/AR on 4/7/12 1:01pm
Msg #417232

Think you're both right. n/m

Reply by Clem/CA on 4/7/12 1:58pm
Msg #417234

Re: Think you're both right.

FURTHER AFFIANT SAYETH NAUGHT

Reply by JPH13/MO on 4/7/12 3:29pm
Msg #417239

lol Clem n/m

Reply by jnew on 4/9/12 11:03am
Msg #417351

In Wisconsin, we must show the venue and names of signers as a part of the notarial act. I have noticed that many lenders do not identify the parties in their preprinted jurats, nor do they show the venue. There has been a point of contention made about whether the venue shown on the head of the document suffices for a notarial venue. My feeling is that it only does if the first paragraph contains notarial language "signed and sworn before me". If it starts with "the undersigned" and makes no reference to the notarial act, I treat it as part of the document and not part of the notarial act. I always will print out the venue with the available space in the jurat and also add the parties names to make sure I comply with the statute. I can't speak for other states