Posted by BoomerSooner on 2/13/13 1:05pm
Msg #455633

Oath

How does everyone handle administering the oath, several docs in a refi pack say either "who did not take an oath" or "who being duly sworn on oath stated the following". every state being different, does everyone use a standard script oath or do you have your own version or do you have them read the docs out loud?

Reply by Karla/OR on 2/13/13 1:16pm
Msg #455635

I believe this subject came up last year. I adopted what Hugh posted at that time and have been using it ever since. After journaling ,and before BO starts to sign, I read the oath to them.

I believe everyone has their own way of doing this. How have you been doing it?

Reply by Stephanie Santiago on 2/13/13 1:49pm
Msg #455639

Prior to each document that requires a Jurat, I read the

following:

“Do you solemnly swear or affirm under penalty of perjury
that the contents of the document you are about to sign are
true and correct?”

That is the way I handle oaths.
Stephanie

Reply by Linda_H/FL on 2/13/13 2:11pm
Msg #455647

Docs requiring oath:

Review doc with signers, get them to confirm each statement, sign, and before I sign I say "and you swear these statements are all true and correct to the best of your knowldedge and belief" - answer yes, I sign & stamp. I do it for each doc requiring an oath.

Acks:

They sign and before signing I say "and you acknowledge signing this as your free act and deed " - answer yes, I sign & stamp.

I do not issue blanket oaths at the beginning.

JMO

Reply by Ken/NoCal on 2/13/13 8:13pm
Msg #455750

Seems to me an oath at the beginning of the signing would suffice. That's the way I have been doing it for years. The way Linda explains how she does it seems too time consuming for me, but must work for her.
Maybe Florida law requires it with each document.

Reply by Linda_H/FL on 2/14/13 5:45am
Msg #455783

Ken - let me ask you this..

Someone places a piece of paper in front of you face-down and says to you "do you swear the statements contained in this document are all true and correct to the best of your knowledge and belief" - what is your answer? It better be "no" since you haven't even seen the statements yet! How can you make people swear to the truth of statements contained in a document they've never seen?

It's not a Florida thing - it's common sense to me - someone cannot swear to the truth of a statement contained in a document until they see the statement....period. And yes it takes a little extra time - but that's what you're getting paid to do.

And please, nobody throw that "they do it in court all the time" routine - I don't take well to that argument - when someone is sworn in for a court proceeding they are promising to TELL the truth - not swearing that statements they've never seen OR said are true and correct - it's an entirely different situation.

JMO

Reply by Ken/NoCal on 2/14/13 11:51pm
Msg #455944

Re: Ken - let me ask you this..

Simple answer. If they sign it after they see it then they agree. If the document is not true and they sign, then it's on them, not me. We only swear them in. It's not up to us to decide if they commit perjury or not. With that said, I am not saying the way you choose to do it is wrong. I just prefer my way.

Reply by Larry/IL on 2/13/13 3:33pm
Msg #455671

When a court of law swears in anyone that takes the stand with one blanket oath before hand, that's good enough for me unless the Notary handbook specifies something different. I swear the borrowers in when I reach the very first Jurat. I use to do it before I started and a few times the loan didn't sign because of incorrect numbers on the HUD.

In a court of law when a witness is recalled the court does not swear them in again but reminds them, they are still under oath. I do the same for every Jurat.