Posted by pat/WA on 12/8/12 12:07pm
Msg #445919

Texas signing

I did a closing this morning for a property located in Texas. The Affidavit of Identity and the Signature Affidavit had notary blocks for an acknowledgement and for a jurat on the documents.
Since the property is in Texas and I am not familar with Texas notary law I am wondering if they wanted the affidavits acknowledged and sworn.

Reply by BrendaTx on 12/8/12 12:08pm
Msg #445922

Yes. Complete both of them. n/m

Reply by pat/WA on 12/8/12 12:34pm
Msg #445924

Re: Yes. Complete both of them.

Thank you

Reply by Linda_H/FL on 12/8/12 12:36pm
Msg #445925

"Since the property is in Texas and I am not familar with Texas notary law "

Pat, what you need to remember is, #1, Washington notary law applies, not Texas - signing and notarizations are taking place in Washington - your state laws prevail when it comes to the notarizations.

#2 - the presence of two certs isn't a notary law issue - it's a lender/title choice to have both done. As long as Washington notary law doesn't prohibit this, just complete, sign and stamp both, making sure they both conform to Washington notary cert requirements.

Reply by BrendaTx on 12/8/12 4:42pm
Msg #445932

Good answer, Linda.

I gave Pat the "Reader's Digest" version because it seems like I am one of the very few people who have mentioned that two type of certificates come on one document.

As an aside, I do remember that once upon a time, someone argued that one document could have only one certificate. To my knowledge, no state's laws say that this may not be done.

In fact, when I am presented with a document that has no cert, I will offer ack, jurat, or both. I do not charge more under those circumstances -- I am not trying to do an up sell.

Reply by HisHughness on 12/8/12 4:51pm
Msg #445934

Re: Good answer, Linda.

Sometimes -- well, most of the time -- when draftsmen include both types of certifications for a document, it is due to the ignorance of the drafter regarding the distinction between the two, and the purposes they serve. However, it is entirely possible for a document to incorporate elements that would dictate both acknowledgment and jurat, so dual certification would be appropriate.

Paul and I had more than one discussion about whether it was possible to wrap both a jurat and an acknowledgment into the same certification. It was, and remains, my contention that there is nothing in the purpose of either certification that precludes verbiage for the other also. I don't do it routinely, but I occasionally see it done that way on documents, and have no problem executing it. I also carry a template for a combination certification in my briefcase.

Reply by BrendaTx on 12/8/12 5:11pm
Msg #445936

Re: Good answer, Linda.

"It was, and remains, my contention that there is nothing in the purpose of either certification that precludes verbiage for the other also. I don't do it routinely, but I occasionally see it done that way on documents, and have no problem executing it. I also carry a template for a combination certification in my briefcase."

I don't care a template, but I agree with the rest of it. There is nothing wrong with it. There is also that certificate known as the verification that no one ever mentions.

"Verification: A formal declaration by which one swears to or affirms the truth of the statements in a document. Also, the statement of a Notary Public that the person appearing before the notary has been properly identified as being the person purported to be appearing."

Reply by HisHughness on 12/8/12 4:45pm
Msg #445933

Complete both

Also, did you complete the attestation that you acknowledge and accept the restriction that no Yankee driving south can cross the Red River if he's towing a U-Haul, unless he can enjoy eating jalapenos with his corn flakes for breakfast?

We Texans consider anyone who doesn't know the proper usage for "y'all," "you-all," "amigo" y "compadre" as an illegal alien. Comprende?