Posted by Carolyn Breckenridge on 9/30/12 12:19pm
Msg #436573

Verbal Notary Acknowledgment

This is going to be a really stupid question, but I have a reason to ask. How many of you do not give a verbal acknowledgment after a document is signed by the affiant.

I had a closing recently and the co-borrower "said that was so stupid" after I gave the acknowledgment. It was the first time in over 30 years that I ever had that comment. I know that I have seen closers at title companies not do it. But, I have always done it.

Thoughts?

Reply by Yoli/CA on 9/30/12 12:31pm
Msg #436574

Clarify, please ...

Do you mean to say, for example:

This is a real estate loan signing scenario. After ID'ing the borrowers, you (the notary) have already presented and reviewed the critical docs to the borrowers to be sure it's ok to proceed. You (the notary) have witnessed the borrowers (husband and wife) both sign a Deed of Trust. You completed, signed and stamped the notarial certificate (probably an Acknowledgment). And, as your final step for this one document, you verbally asked the borrowers if they signed that document.

Is this what you mean?

Reply by Carolyn Breckenridge on 9/30/12 12:38pm
Msg #436575

Re: Clarify, please ...

Yes, that is what I am asking.

Reply by Yoli/CA on 9/30/12 12:57pm
Msg #436577

Re: Clarify, please ...

Given that scenario, No, I do not verbally ask affiants to acknowledge each signature.

My reasons:

1. I have already ID'd the borrowers;
2. We have reviewed critical docs and they understand what they're signing;
3. I have personally witnessed, with my own eyes, the borrowers sign each document. (Guess I'm kinda weird that way -- I tend to believe myself -- )

Now, the above is for an Acknowledgment.

For a Jurat, I DO ask borrowers to swear and affirm that the document(s) they have just signed is true and correct to the best of their knowledge.

Reply by Linda_H/FL on 9/30/12 12:48pm
Msg #436576

I have them acknowledge to me.

but I have them acknowledge it to me BEFORE I sign and stamp my cert.

Yes, I do a verbal ack - my response to their "so stupid" comment would have been a polite "My apologies, but it would be very reckless and negligent of me to assume anything, not to mention it's the law. " And yes I do it for each one, not a blanket one covering all docs.

Reply by Marian_in_CA on 9/30/12 1:20pm
Msg #436578

I think it totally depends on the situation. I can only speak from a CA perspective, of course. Remember that with an acknowledgment, the signer may be able to signed before they come to you (depending on your state laws). In CA, they can. In those cases, of course, you MUST ask ask if they signed.

Now, in CA, this is where that pesky required certificate wording comes in handy, where it says they acknowledged executing the the instrument in their authorized capacity. I think this is an overlooked part of our wording.

Now, we're not allowed to determine or certify their capacity... but we are, apparently supposed to figure out what they "claim" their capacity to be or at least claim some capacity. Most of the time it is just "self" and simply implied by the fact that they're signing. I will usually ask, before they sign, "And are you authorized to sign this document?" If they says yes.... then they've acknowledged to me that they are, and I'm satisfied. There's no need to ask them if they've signed it if you've watched them sign it.... that *is* kind of silly. BUt to ask if they're authorized to sign is different. And if they signed it before coming to you, then you want to ask both questions. Now, of course.... that pertains to CA. I'm not sure how you in other states would adopt that.

Reply by JanetK_CA on 9/30/12 1:42pm
Msg #436579

I do a very generic ack (e.g. "Do you acknowledge signing all these documents of your own free act and deed?") either at the very beginning or with the first document notarized and a generic oath with the first jurat - one time. With the next jurat, I just remind them they're still under oath. I didn't always do it that way, but have modified my approach over the years as a result of discussions on this subject here on this board.

I've never had anyone say anything nearly that harsh to me, but I have had some people comment that they've never had a notary do that before.

Reply by Carolyn Breckenridge on 9/30/12 2:47pm
Msg #436581

I told her that it was not a complete notarial act without it. From my background which goes way back, it was part of my training. I was trained by an attorney and sometimes things become a bit formal, but nonetheless, I always do it.
.

Reply by Stephanie Santiago on 10/1/12 1:09pm
Msg #436642

I like formal. n/m

Reply by parkerc/ME on 10/1/12 7:26pm
Msg #436706

I do the very same as Janet. Both verbal acknowledgement from signers and administer oath before beginning signing, reminding they are still under oath as each succeeding jurat comes up. (Hey, that's the way Perry Mason did it when they had to recall a witness in court! ;-) )

Reply by Buddy Young on 9/30/12 3:14pm
Msg #436582

I don't but I do ask at the begining of the signing " are you signing papers today to get a refi and a lower rate?" A yes answer is good enough for me for the entire signing. Of course sellers docs or purchases require different wording.