Posted by HisHughness on 11/15/12 11:11am
Msg #443499

Icky tricky problem #314

We have discussed on here before what is required when the venue prefaces an affidavit, instead of prefacing the notarial certificate. My belief is that it still reflects the venue of the certification; others have a different conclusion.

For those of us on the side of the angels, who believe the venue preface should reflect the notarial venue, though, consider this: What is the venue when you have a split signing, with the signers in different venues? What then is the venue if it prefaces the affidavit?

Reply by Roger_OH on 11/15/12 11:54am
Msg #443503

In Ohio, the notary certificate for both acks and jurats is statutorily defined as including a venue for every notarization.

So even when a doc has a venue at the top, that's not my concern; my certificates will always have their own venue, either preprinted or added by me.

Reply by Moneyman/TX on 11/15/12 2:30pm
Msg #443518

I do the same thing as Roger for single visit signings or split signings (if I am not the second NSA).

I may have a signing in one county (e.g. Jefferson County, Texas ) but the property is located in another county (Jasper County, Texas). To avoid any possible issues in the recording county, I add the correct venue to my section and leave the other one alone. I do not know if there would be any issues if I changed the top one, I just don't want to take any chances. jmo

Linda also makes a good point regarding the split signings part of the issue.

Reply by Linda_H/FL on 11/15/12 12:05pm
Msg #443505

One of them is going to have a loose cert -

so the venue on the doc stands for one signer - the venue on the loose cert stands for the other signer. In the event the notary uses a stamped cert, then that stamp should contain a separate venue..

Clear as mud..

Reply by Edward Cooke on 11/15/12 12:07pm
Msg #443506

Since a Louisiana notary usually drafts the document, no problem. Venue at the beginning of the document, then the appearance clause, the body, and finally "Done this ___ day of ___, 20__." (or something close to that). Then the signatures.

Reply by TacomaBoy on 11/15/12 4:55pm
Msg #443531

Icky tricky problem #314

Is this discussion about a form over substance issue?

Reply by Stephanie Santiago on 11/15/12 5:21pm
Msg #443533

Venue on my Notarial Certs is where we are during

notarizations.
Where are feet are.

Reply by HisHughness on 11/15/12 8:25pm
Msg #443566

Re: Venue on my Notarial Certs is where we are during

Stephanie, go back and read the original post. Then sit down, suck your thumb for awhile, contemplate, and only then try again.

Reply by Marian_in_CA on 11/16/12 12:17pm
Msg #443638

Re: Venue on my Notarial Certs is where we are during

Hugh, we don't see a lot of those in CA... I think that's the problem. In fact, when we do see the venue in front of document content, many of us don't even touch it because to us, it is part of the document content and not the notarial certificate... and in CA, the contents of the document are generally not our concern so long as they are not asking us to certify something something we can't by state law.

For me, when I see a venue before document content, I consider part of the document itself... not the notarial content.

Since CA is so strict about certificate wording, we don't see a lot of those crazy documents where the notarial wording is all intermixed within the document. They are always fairly distinct and separate items.

Reply by BrendaTx on 11/15/12 8:57pm
Msg #443572

Perhaps you have answered why my adviser said to leave the venue that precedes the affidavit as it is. I will always leave that one alone and do what I need to on the certificate.

Reply by ArtG/KS on 11/16/12 11:02am
Msg #443625

On those I attached the notarial certificate designating venue of notarization and name of whose signature Im witnessing. Split signings are always and inconsistent mess IMHO but I do those.