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December 3, 2017

Oath, what oath?

Filed under: Carmen Towles,Popular on Linked In — Tags: , , — admin @ 10:48 am

So it has come to my attention and honestly to my surprise that most notary signing agents don’t give oaths. And whats even worse they don’t seem to know that it is part of the job. (btw, I give them regularly) I asked those that don’t, “Why not?” Most replied that, ‘they aren’t required to give oaths in their state’ and others didnt know anything about them at all. Really? Then I went on to ask, “Don’t you know that most sets of loan documents have a few documents in the loan package that require an oath be given?” Such as, for example; the signature name affidavit, correction agreement? And that all ‘jurats’ certificates require an oath. Most tell me that they were never trained that this was necessary. But, here and now I remind you that It is part of your job description. So it may be time to get those handbooks out for your state and take another look. Just remember that anytime you see the notarial wording that begin with, “Sworn or affirmed before me”, will always require an oath to be given. And it should go something like this: ‘Please raise your right hand. Do you solemnly swear or affirm to the truthfulness of the document that you are are about to sign?’ Feel free to make your own, this is mine.:). They undoubtedly will say yes and you can proceed with having them sign the document, Remember these documents typically require the signer to sign in front of you. (If they have signed the document already you can have them resign in front of you or use a fresh copy) State notary law regarding this may vary.

Now, I have never heard of anyone getting in trouble for not giving an oath. But it is part of your job. And it could have the potential to render your notarization void if a judge asked you if you gave the oath and you didn’t. So it is better to know what your duties are and do your job. It is better to be safe not sorry.

Also read – Oaths, how Notaries completely screw them up

Should you use book wording for Oaths or improvise?
http://blog.123notary.com/?p=19660

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5 Comments »

  1. of the document that you are are about to sign
    .
    About to sign? You raise an interesting issue. Is the oath to be given prior to or after affiant signature. I do after their signature and prior to mine. You oath prior to affiant signature.
    .
    Probably does not make a hoot of differance, but there might be.

    Comment by Kenneth Edelstein — December 3, 2017 @ 1:34 pm

  2. Can you do an Oath without the raising of a hand? I never thought of this as an issue but you are correct what of a judge ask you did you give an oath and if so how did you do it. Thank you for a very informative topic. I will check myself for future notaries requiring an oath.

    Comment by Frank Rodgers — December 7, 2017 @ 5:35 pm

  3. In regards to the oath, I feel that industry needs to know, or made aware of, the definition Implied and Expressed consent, as I feel the industry as a whole is not aware of the concept (I include attorneys as well). As the concept applies to all first responders, I do not see how the same concept does not apply to notaries. Look up those items as they apply to government employees.

    Comment by Giano Saumat — May 19, 2018 @ 1:13 pm

  4. I was told by a signing company to not do this again. Because the borrowers felt like they were getting a lie detector test and don’t take any more finger prints because their not criminals. On top of that she also said if I want to do anymore signings for them to stop this kind of activity. I expressed that this is a requirement ofmy state (PA) to do. Well she said if you want to do anymore work for us then I suggest you stop.

    Comment by Chris Harmon — May 20, 2018 @ 5:24 pm

  5. Hi Chris, Why are you listening to a signing service? They have no right to tell you what your job is or isn’t. You guys need to follow you Secretary of State rules and regulations. Signing services are not even regulating. Don’t let them get you in trouble. And if they insist on you breaking the law report them. You are a government official. They have no right telling you what to do. Period.

    Comment by Carmen Towles — August 22, 2018 @ 9:47 pm

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