Posted by Yoli/CA on 7/16/13 6:11pm
Msg #477011

Signature/Name Affidavit

If you have a Signature/Name Affidavit for a borrower and it consists of 4 pages, do you stamp and sign each page or treat the 4 pages as one document and sign and stamp it just once -- stapling 4 pages together?

Reply by Linda_H/FL on 7/16/13 6:15pm
Msg #477012

Isn't there just one cert swearing to the truth of all

the foregoing?

I don't think you'd stamp and sign each page of this doc any more than you'd stamp and sign each page of a DoT. But that's JMHO

Reply by Yoli/CA on 7/16/13 6:48pm
Msg #477018

Re: Isn't there just one cert swearing to the truth of all

This was a fill-in type form (already filled in by lender). Each page had 4 aka's and a (non-compliant) notarial verbiage at bottom of each page. The notarial verbiage was:

"State/Commonwealth of ______
County/Parish of __________

Subscribed and sworn (affirmed) before me __________ this _____ day of ________.

___________________
Notary Public
State/Commonwealth of
Acting in the County/Parish of

My Commission Expires: "

Per the California notary Handbook, page 12:

Jurat
The second form most frequently completed by a notary public is the jurat. (Government Code
section 8202) The jurat is identified by the wording “Subscribed and sworn to (or affirmed)”
contained in the form. In the jurat, the notary public certifies:
• That the signer personally appeared before the notary public on the date indicated and in
the county indicated;
• That the signer signed the document in the presence of the notary public;
• That the notary public administered the oath or affirmation*; and
• To the identity of the signer.
Any jurat taken within this state shall be in the following form:

State of California
County of ________________
Subscribed and sworn to (or affirmed) before me on this _____ day of _______, 20__,
by _______________________, proved to me on the basis of satisfactory evidence to be
the person(s) who appeared before me.

Notary Public Signature Notary Public Seal

Note:
Key wording of a jurat is “Subscribed and sworn to (or affirmed) before me.”
~~~~~~~~~~~~~~~~~

So, regardless of doc title, would you consider it a Jurat or Acknowledgment? And, would you, the notary, sign and stamp each page (or affix a State-compliant cert to each page) or would one cert cover all 4 stapled-together pages? Is it one 4-page document? Or, is each page a separate document?

Reply by Linda_H/FL on 7/16/13 6:52pm
Msg #477019

Based on this it sounds like they want a cert on

each page. If you can't conform the preprinted cert then, yes, I'd add a separate compliant cert for each page.

JMO

Reply by Linda_H/FL on 7/16/13 6:53pm
Msg #477020

And, btw, yes it would be a jurat since they have

preprinted "Subscribed and sworn..." - they've indicated they want jurats.

Reply by Yoli/CA on 7/16/13 7:06pm
Msg #477026

Re: And, btw, yes it would be a jurat since they have

That was my belief also, Linda H/FL. Based on the intro language. You and I are both wrong. They demanded Acknowledgments. One for each page.

That was Provident. Don't EVER want to see another Provident loan again!

Had a big run-in with TC escrow assistant on the matter. She tells me lender does not want an Acknowledgment or a Jurat. Lender wants their document notarized. Tried to tell her has to be one or the other and that I cannot use verbiage in doc as it's not CA-compliant (this for a CA property) and that I can attach loose cert. She told me other notaries didn't have a problem using as is. All ended up with her telling me she'd let my hiring company know not to use me for her files again and I thanked her. SS did not back me.

Reply by Alz on 7/16/13 8:07pm
Msg #477043

One door may close, but a window will open for you. n/m

Reply by Notarysigner on 7/16/13 8:25pm
Msg #477052

Re: And, btw, yes it would be a jurat since they have

Yoli, If it was in California and in one of these counties, Alameda, Contra Costa, Los Angeles or San Bernardino affidavits must be accompanied by a Jurat. So while we can't pick and choose the form (ACK or Jurat) they normally require an Ack but in those counties must be accompanied with a Jurat before the county clerk will record them.

How do I know this? Call the county clerk in those counties, they'll tell you why. I was just totally whack out about it, too much to post here.

Reply by VT_Syrup on 7/16/13 6:21pm
Msg #477014

I regard the jurat wording supplied by the client as a request for the administration of an oath, and the placement of the wording indicates what is being sworn to (one at the end if the whole thing is being sworn to at once, one on each page if each page is being sworn to separately). Even if the jurat wording isn't right for my state, I still regard it as a request, and just replace the wording with acceptable wording.

If there is no jurat wording, I don't really have a request for a notarization. So I have to contact the client and find out what the request is. Unfortunately, the presence of the word "affidavit" is not a reliable indicator of what the client wants. Documents with "affidavit" in them sometimes get acknowledged, sometimes sworn to, and sometimes no notarial act is required.

Reply by jba/fl on 7/16/13 6:45pm
Msg #477017

I had a 2 pager today, each page having a notarial cert - I just took the easy way out and completed both. I don't feel like fighting for my reasoning sometimes, and this was one of them. They were too far away for me to want to make a return trip if I lost the argument.

Reply by Alz on 7/16/13 7:05pm
Msg #477025

I always treat them as separate pages, i.e. my stamp and signature. Generally, at the top of each page you will see the person's name that is being used throughout the document.

Reply by Clem/CA on 7/16/13 8:22pm
Msg #477049

One on each. Provident will accept a California Cert. No prob, SS is wrong