Posted by sigtogo/OR on 7/26/13 5:00pm
Msg #478164

HAWAII NOTARY QUESTION

must a mortgage have an acknowledgement or is a jurat acceptable?
tia

Reply by NVLSlady/VA on 7/26/13 5:33pm
Msg #478171

Who decides? I notarized a Warranty Deed for seller (HI property) and was 1st time seeing a jurat on mtg. I just did my thing without giving it too much thought; although, I did have to adjust certificate wording, striking thru "personally known to me" and add: Proved on basis of satisfactory evidence . . ."

Reply by NVLSlady/VA on 7/26/13 6:02pm
Msg #478176

I let him know the oath covered that, too!

Reply by sigtogo/OR on 7/26/13 7:07pm
Msg #478177

Re: HAWAII NOTARY QUESTION "who decides?"

my thoughts too. isn't it up to the lender if they want an ack or jurat? in this case the recorder rejected the doc saying it has to be ack. how is this the recorders call?

Reply by sueharke on 7/26/13 8:41pm
Msg #478188

Re: HAWAII NOTARY QUESTION "who decides?"

Because the recorder makes the rules as to which documents get recorded. He who make the rules wins.

Reply by BrendaTx on 7/26/13 9:06pm
Msg #478190

Yep...the Recorder is just like "Honey Badger".

I'll not post the link to the honey badger's video on youtube.com for fear that I will be stoned for bad behavior...but, the Recorder just don't give a #$!#!$.

If Recorder wants an acknowledgment, Recorder gets an acknowledgment...

That nasty ol' Recorder just throws the jurat back in the lender's face.

[Please forgive me, but it's Friday night, and the honey badger always makes me laugh...I can only dream of having as much power as a county recorder or the honey badger.]

All jokes aside, Sue is right. The recorder may be able to reject an improper notarization on a document and laws generally call for an acknowledgment. I say "may be able to" because I think that the Texas AG ruled that the recorder actually does not have to make that call and may record a jurat, however, it's the problem of the preparer of the document if the instrument doesn't properly convey the property due to an error of that nature. Not a Texas recorder's job to make sure that documents are properly constructed.

Reply by BrendaTx on 7/26/13 9:11pm
Msg #478192

Link to TX AG opinion

https://www.oag.state.tx.us/opinions/opinions/47mattox/op/1988/htm/jm0883.htm

I realize this is not HI, but HI may have similar laws or opinions.

This link also states that Affidavits require acknowledgments in order to be recorded....a discussion that has been held here a time or two.

Reply by BrendaTx on 7/26/13 9:12pm
Msg #478193

Link works now...

http://www.oag.state.tx.us/opinions/opinions/47mattox/op/1988/htm/jm0883.htm