Posted by EileenHI on 9/6/13 12:13am
Msg #483386

What should I use

I have a closing today. When I was reviewing the docs I came across two that have the following wording: the name affidavit - the borrower says that he was sworn by oath that the informatin is correct and these are his names. The bottom where I would notarize states 'known by personal knowledge or identification and has NOT been sworn'..... He signs saying he was sworn and I notarize saying he has not been sworn.... never seen this. Anyhow, it is not a Hawaii compliant form, and I wondered if I replace it with a Hawaii compliant affidavit or an acknowledgement.
Not sure if I am being clear, but the two statements contradict themselves.

Reply by Belinda/CA on 9/6/13 1:42am
Msg #483391

You need to call and find out which one they

Want you to use. You may need to describe it to them. No one can know which one to use except hiring party/title/lender. Hope this helps.

Reply by Linda_H/FL on 9/6/13 7:00am
Msg #483400

Based on this language... "affidavit - the borrower says that he was sworn by oath" contained in the doc....here in FL it has to be a jurat, so I'd put a line through the word "NOT" - so the cert states he did take an oath - then proceed to make the certificate compliant - if making it compliant makes it look really sloppy, attach a loose cert.

JMO

Reply by Notarysigner on 9/6/13 10:23am
Msg #483428

I have seen this before, can't remember where. Eileen, what state is the property in?

Reply by EileenHI on 9/6/13 11:25am
Msg #483443

It is in Colorado

Reply by Notarysigner on 9/6/13 11:49am
Msg #483447

Ahaa found it! Hey Les...help needed

It's Oaths and Affirmations

If you read pages 6 and seven in the Colo notary handbook, it explains what it is and why (I didn't know why although I did know what). Anyway check it out maybe Les will chime in.

Reply by Les_CO on 9/7/13 5:58am
Msg #483576

Re: Ahaa found it! Hey Les...help needed

Personally I would say who cares……but In this case I think the notary would go by the notarial laws of where the notarization took place, and use either an acknowledgement, or a jurat. Most ‘name affidavits’ I’ve seen require a sworn statement. So I would line through the NOT (as in: “NOT sworn”) and initial, I would also make the signer aware that by signing the document that they were swearing to the truth of its contents. JMO

Reply by Barb25 on 9/6/13 11:32am
Msg #483445

Since the definition of affidavit

is essentially "A written declaration made under oath before a notary public or other authorized officer." I agree with Belinda. I would call the SS/TC and question the whole thing. Basically once you place the NOT, it becomes and an acknowledgement of sorts (or perhaps an affirmation(???) but if so should probably say that... I don't know. Why guess. Just ask? Otherwise set up to fail.