Famena is not a newbie...she knows exactly what she is talking about. This can be an issue and touching with the legal community when the affidavit is being recorded. There is a way to handle it right so that everyone is happy.
Two attorney bosses in my career who were real estate lawyers (and 15 years apart in my career) said that it is appreciated if you can leave the County of Recording at the top if it is already there and insert the venue above the jurat. Their documents had the venue inserted above the jurat.
Would it be wrong to change the top of the document using a Magic Marker, black crayon, or a nice ink pen? I don't think it would be (99.9% sure it would not be but always room for 1% something I don't know about.) But, it would be ugly, no matter what you used. It could confuse a clerk or slow down recording. So, I, like my mentors in this matter use a neatly printed insertion of the venue over the jurat language.
The problem is that our affidavits were set up to be written in the style from 1900 where it would be logical that the affiant would be sitting in the courthouse where the affidavit would be recorded or filed when being deposed.
I encountered over several recordable affidavits like this the other day in a loan package and they all had the county of recording at the top. I neatly inserted (by hand in black ink) the State of Texas / County of Brazos above the jurat and left the top alone. I was executing the certificates in blue ink. If I would have had my Venue stamp with me, it would have been wonderful. The week before that, I did 42...venue stamp not in hand that time either.
I have collected my well-earned $200 for the latter so I feel sure that everyone was happy, including me!
Watching me, the notary in the office where I was doing the assignment (with 42 jurats) could see all that was going on and hear it. He said after we finished the package, "I don't know how much you are getting for coming over here, but you deserved every penny."
If there is NOT a venue inserted at the top, I don't feel it is my place to worry about recording county and I put in my own county. I do not add the venue above the jurat in that case.
Let me know if that helps. It's a confusing issue.
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