Posted by sigtogo/OR on 6/28/12 5:13pm
Msg #424958

what would you do with this affidavit?

okay, I may have a little too much time on my hands this afternoon but here's the scoop.
I have Owner's Affidavit that looks like this:

Owner's Affidavit
State of ________________
County of _______________
The undersigned, first being duly sworn, deposes and says:

then a list of 10 questions for seller to answers one being the street address of the property which happens to be in a different state than the signing.

seller signature________________


(followed by normal Jurat)
State of ________________
County of_______________

Subscribed etc on____________by______________ etc.
Notary signature_________________

Title wants me to complete the top section of state and county with location of signing and, in not so many words, implied I was an idiot for questioning. Seems to me they are asking me to complete a document in addition to notarizing. I didn't make a big deal of it as in this case it will be easy to ask the seller to complete.
Typically what I see is that portion at the top of the aff is the state and county of the location of the property.

your thoughts?

Reply by sigtogo/OR on 6/28/12 5:14pm
Msg #424959

oh, NNA said fill it in, SOS said no. n/m

Reply by jba/fl on 6/28/12 5:37pm
Msg #424965

Re: oh, NNA said fill it in, SOS said no.

I would fill in where my feet are, all locations. OK, I know some have said the upper is or could be the location of the property, but I have seen it done both ways....so that is just an on-going argument/discussion. Since the TC doesn't want to be very helpful (translation: she doesn't know) then you are on your own decision making...which you must then defend. I feel, though, that you would be remiss to leave it blank.

Reply by JanetK_CA on 6/28/12 6:41pm
Msg #424979

Re: oh, NNA said fill it in, SOS said no.

Agree. I run into that on a routine basis. I don't like the wording that puts me into the content of the document, but if all it says is what was quoted above, I would just fill it in (or correct it, as with the set of docs on my desk right now). When the reference starts including things that I'm supposed to certify to in the body of the document, I'll strike out the part that refers to me so I'm not notarizing my own signature (like some ID Aff's). They can either have me certify to the contents or have me notarize the BOs' signatures, but not both.

Reply by MichiganAl on 6/29/12 1:02am
Msg #425010

I agree Janet

It's just redundant info regarding your venue. I don't consider that to be completing a document and I don't think there's any fear of being accused of UPL for printing the state and county you're in. A little too much over-thinking in my opinion.

Reply by MikeC/TX on 6/28/12 6:59pm
Msg #424981

I would fill out both sections with the venue of the signing. It's redundant, but if that's what they want I would have no problem with it.

Reply by PegiT_MN on 6/28/12 7:16pm
Msg #424984

I agree with MikeC.

I fill out everything with the state and county where the signing is taking place, except for the notarization page of the mortgage, I put the state and county where the property is located which is where that mortgage is going to eventually get recorded. I'm not sure this is 100% correct, but when you ask this question to title companies and signing companies it seems like you never get the same answer. So I just started doing it this way and I have never had any complaints.

Reply by ct on 6/28/12 7:30pm
Msg #424985

Re: I agree with MikeC.

"In virtually all of the certificates the notary public is called on to complete, there will be a venue heading such as “State of California, County of .” The county named in the heading in the notarial certificate is the county where the signer personally appeared before the notary public. (Government Code section 8200..." ....... the notary handbook

Reply by sigtogo/OR on 6/28/12 7:43pm
Msg #424987

ummm, yeah. I think you missed the question : ) )

they wanted above the line completed. as I said I will have seller complete, no problem, but technically it is not a notaries place to be completing documents anywhere but in the notarial cert. my opinion and the opinion of our sos.

Reply by jba/fl on 6/28/12 7:45pm
Msg #424988

That is wrong PegiT -

The mortgage venue is where you are standing at the time of the notarization, no exceptions. Complaints or not, it is wrong. And you should know this.

Reply by ct on 6/28/12 7:56pm
Msg #424992

Re: That is wrong PegiT -

Sorry..I was addressing PegiT comment..I don't take into consideration where document is being recorded..venue is where we are meeting..I have also had issues with venue at top of affidavits..have always corrected them to be at our location per escrows instruction.

Reply by Roadie_MD on 6/28/12 8:08pm
Msg #424993

Re: That is wrong PegiT -

and I can't imagine why you would do such a thing? So if a property is located in another city and state, you leave the property venue information on the notary acknowledgement? I am having a hard time believing they go through like that. Just goes to show the county recorders don't care a whit about the content of the documents they record.

Reply by VT_Syrup on 6/28/12 7:56pm
Msg #424991

It isn't unusual for an affidavit to have part of the notary's language before the affiant's statement, and part after. Notice that the part that says the affiant was sworn comes before the affiant's statement; that's just as important as the venue. And I agree it's redundant to have the venue in two places, but they should both be the same and be the location where the oath was administered.

Reply by Notary1/CO on 6/29/12 10:14am
Msg #425054

Affidavits often have the venue at the top of the document and the rest of the notary certificate at the bottom of the document. This is known as a split certificate. The venue must be completed by the notary. The notary is stating where the affidavit was taken by the notary.

If you write in another state, such as where the property is located, that is false and incorrect. The notary does not have authority to take an affidavit in another state and did not take the affidavit in another state.

By completing the venue at the top, the notary is not completing the document, it is just part of the notary certificate. The venue is sometimes repeated in part 2 of the notary certificate. This is redundant. Just fill in the same venue information twice. The Notary must place affiant under oath or affirmation and a jurat is needed for an affidavit, not an acknowledgment.