Posted by LM//CA on 10/29/12 5:37pm
Msg #441150

Owner's Affadavit

I will be completing a notorization for Steward Title and there is an Owner's affadavit included. I must notarize this document however there is a section for a witness and a affiant to sign and date. Who should sign in this section?

Reply by Deborah Breedlove on 10/29/12 5:41pm
Msg #441152

BO signs as affiant. You sign as notary. When I've had these (had one today), I don't sign as witness since I am notarizing the document. Never had a problem.

The witness requirements may vary depending on your state.

Reply by Gregory/CA on 10/29/12 5:45pm
Msg #441155

I agree with Deborah. If there is no notarization then I sign as witness; otherwise, I leave witness line blank and notarize the document.

Reply by GOLDGIRL/CA on 10/29/12 9:12pm
Msg #441190

CA is not a "witness" state

... inappropriate to sign anything in a loan doc as a witness, as far as I know, esp. by the notary.

Reply by Shoshana/AZ on 10/29/12 11:47pm
Msg #441208

When I was a CA notary (2002-2005)...

The notary could also act as a witness.

Reply by Barb25 on 10/29/12 5:44pm
Msg #441154

I always sign as the witness and also notarize. Also never a problem.

Reply by Linda_H/FL on 10/29/12 6:05pm
Msg #441161

Re: Owner's Affadavit...all due respect and as gently as I

can...

If you do not know the answer to this, then you really need to go back and re-study your handbook and, if you've not taken one yet, take a signing agent course. This is basic Notary 101, the terminology is throughout your handbook, and you should not be putting yourself out as a notary or a signing agent without knowing your notary laws and procedures cold.

You and everyone you do business with will benefit from the time you take to study and hone your craft.


JMO

Reply by Shoshana/AZ on 10/29/12 6:14pm
Msg #441168

CA is not a witness state (unless it has changed).

When I was a CA notary, I was told I could also be a witness. IN AZ Notary cannot be a witness

Reply by HisHughness on 10/29/12 7:09pm
Msg #441176

You are doing real estate closings and do not know what an Affiant is? Did you think it was an Italian car, maybe?

How about "mortgagee"? "Mortgagor"? "Lender"? "Escrow officer"? Or "notary public"?

Reply by LM//CA on 10/29/12 8:49pm
Msg #441185

It is so easy to be insultive but it would be even easier to assist. Thanks for your response and thank all of the other notaries for assisting. Today I am learning and tomorrow I will be a guru such as yourself assisting other fresh loan signers. Have a wonderful evening.

Reply by Patriot on 10/29/12 9:05pm
Msg #441188

Amazing how rude one can be. The point of this forum is to be supportive. Anything less is unacceptable. I have been doing this for over 20 years and as a notary, I never "witness" anything that also requires a notary acknowledgment/jurat. And every now and then there is a lender who see's things his/her way without regard to "rules". In California it is not illegal to be the notary and a witness on the same document. I have never had a problem on a set of docs that calls for both. However, if I am doing a loan closing and the property is in another state, I ask. Gee, after over 20 years in this biz an I ask?? Of course I do! Why not be safe? Therefore, your question is valid. As a matter of fact any question you have is valid. Do not be detered to ask a question as there are folks like us who truly care. You have my support as I expect anyone here to support me. Good luck to you!

Reply by HisHughness on 10/29/12 9:16pm
Msg #441192

Hold it ... I'm getting this picture!

It's a web site for surgeons. They go there and ask questions about the surgery business of their fellow surgeons.

And this surgeon comes on, says he just finished an appendectomy.

"Can somebody tell me what a scapel is?" he asks.

And all of his fellow surgeons, who want to be "supportive," rush to explain what a scapel is.

Meanwhile, the next patient on the surgeon's list is a chap who's supposed to have a benign growth removed from his prostate. The patient stumbles across the web site where HIS surgeon asks what a scapel is. And now he, his wife -- and his girlfriend -- are shaking in their boots.

The best support you'll ever get, LM//CA, is somebody getting the message to you that if you don't know what the hell an affiant is, you've got no business handling real estate closings. If that hurts your feelings -- either one of them -- that will be great if it drives the message home.

Reply by MistarellaFL on 10/29/12 9:22pm
Msg #441193

LOL, I like your analogy. n/m

Reply by Patriot on 10/29/12 9:56pm
Msg #441194

Re: Hold it ... I'm getting this picture!

We are not surgeons. There is a big difference between a notary public and a surgeon. Comparing yourself to a surgeon is laughable. Personally, if a notary is confused as to what an affiant is, then we are protecting ourselves by assisting in the education of such a notary. Maybe the word affiant did not stick upon LM//CA learning??? But that does not make it ok to make fun of this fellow notary. I'm sure the definition is clearly understood now and there is no chance of a scalpel being involved.

Reply by HisHughness on 10/29/12 10:10pm
Msg #441196

I'm all in favor of naming you ...

... Dean, headmaster and senior instructor in the School for Signing Agents Who Don't Know What They're Doing and Place Borrowers' Homes at Risk, Patriot. Have at it. I would prefer that your "supportive" instruction not trash up a site that was created specifically for "professional notaries public," but if you and your ill-equipped compatriots insist upon polluting it with queries that should never be posed by someone who is stamping real estate documents. Just don't expect me to be "supportive" of your endeavor. I would prefer that you transfer that activity to some other venue.

Reply by Patriot on 10/29/12 10:52pm
Msg #441202

Re: I'm all in favor of naming you ...

You can prefer all you would like. I prefer to assist when asked in the goal of keeping and helping notaries public understand where they have misunderstood or are confused. Apparently, you are the smartest and most able of all notary public's who instead of answering the question or deciding to stay out, must offend in the goal of showing your superiority. Well, if that is the case His Highness...er HisHughness, you have succeeded. Feel better now?

Reply by Linda_H/FL on 10/30/12 4:53am
Msg #441220

Re: Hold it ... I'm getting this picture!...just a note

Patriot, you said "if a notary is confused as to what an affiant is, then we are protecting ourselves by assisting in the education of such a notary"

I agree with that 100%...however - this notary touts 10 years experience as a notary and as a signing agent in their profile - I would expect that after 10 years they'd know what an "affiant" is - especially when it's terminology used in the handbook...to top it off this OP doesn't know who signs where the doc indicates affiant and witness...IMO there's just something not right with this picture.

Reply by Linda_H/FL on 10/30/12 5:01am
Msg #441221

Correction..and apologies

10 years experience in the mortgage industry - not as a notary...my apologies..

Still...basic notary 101 and I stand by what I said previously - referring poster back to the handbook to study study study and possibly to a good, comprehensive loan signing course before they proceed any further.

JMHO

Reply by Patriot on 10/30/12 7:47am
Msg #441228

Re: Hold it ... I'm getting this picture!...just a note

I don't disagree with you, but my issue is the way it is being handled by HisHughness. Your approach is much more agreeable. I believe in being supportive, not bringing others down. And by educating others less informed only protects the business of notary.