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Posted by  JanetK_CA on 7/27/11 12:52am
OK. I just re-read your post and I stand by what I said. (BTW, did you read MY post?) I think you may be over thinking this a bit.
First, you indicated that this is an example of an oath that you would administer: "Do you solemnly swear or affirm that you are Jane D. Smith, also known as JD Smith, aka Jane Smith, aka Jack Smith?" In my opinion, you are mixing up the content of the document with the oath for the jurat. Does your statement encompass the entirety of what is stated in the document? Aren't they supposed to swear that the whole thing is true?
Secondly, in your statement above, you seem to be confusing our duties as a signing agent with a notarial act. As an NSA, of course we should help people to properly complete a Name Affidavit, to use your example, including examining it carefully for accuracy. But I believe incorporating a part of the content of the document into the wording of your oath is crossing a line.
Finally, if you want to put that fine a point on the order of the words in the notarial certificate, you actually have it wrong - at least for California. Here's the current required jurat wording for the state where most of the folks in this thread are from (if memory serves):
"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."
Cut and pasted from our Notary Handbook. If you look closely, you'll see that the "sworn to..." part comes after the "Subscribed" part...  Do I think the order matters? Not really. If someone looked it over more closely after they signed it and changed their mind, we swap out their copy or fix it, or tear it up. I don't sign and stamp until the oath is completed and I imagine that's the case for any other notary who has a clue. The content is right there for them to read at any point, so I see no deception involved, either. (It's not like we're going to grab it out of their hands once it's signed and say "gotcha"!)
Or am I just not understanding your point?
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