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March 29, 2020

Two notarizations same document..yes or no?

Filed under: Carmen Towles — admin @ 8:45 am

As I often do, I read the notary discussion boards. It’s often entertainenlightening and full of situations that we are faced with to deal with almost on a daily basis. Most of them you share personally with me but this was a new one. A few days ago, the topic was about a notary that had a document that had one signature but two notarizations on the same page; One, was an Acknowledgement and the other a Jurat. The notary choose to notarize only one (don’t know which one they choose and they shouldn’t have done this but that is another issue) and the underwriter rejected it and sent it back for completion of the other notarial certificate. It seems that they wanted BOTH the acknowledgement and the jurat completed. The notary said NO and stated that it was one signature per notarial certificate. And since they had only signed once she refused to notarize both. And, although it sounded about right because most of us feel that it is one signature per notarization. After all, that is how we charge clients. In this case the certificates are different. One requires a sworn oath to be given and the other is just an acknowledgment on the part of the signer. I still wondered about this. Where is written in anybodies handbook that states that you can’t do one signature and have two different type of notarial certificates?

In my opinion, It seems that the lender and/or title was covering there rear end. Perhaps they couldn’t choose so they just decided to put both.The problem would have been easy if they had the signer sign one for each certificate. What ever the case its a decision that you have to make. It seems the notaries are split on this. I personally have seen this a couple times and I just notarize both. And enter into my journal.The question is what would you do?

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4 Comments »

  1. Interesting question. It would seem to me that since an acknowledgment is different from a jurat, that if Title wanted both, that Title should have provided both. Here in Florida, if there is jurat verbiage, it is a jurat and cannot be an acknowledgment. So if a document says “sworn and subscribed,” but also says “acknowledged” I have to use a jurat. Some states might be different, so it is important to follow the laws in the state where you are notarizing the document. I get many of these here in Florida, so I add an additional certificate to cover the acknowledgment. I have not had any complaints and no rejections.

    Comment by Michael R Glatfelter — April 6, 2020 @ 5:06 pm

  2. Wow! Thanks for that information. Never have come across that, so now I know what to do.

    Comment by Jim Morgan — May 1, 2020 @ 4:15 pm

  3. I have had a few of these, cannot remember, but they are from the same lender. I have notorized both and had the signer sign for both in my journal. This document was part of a loan package, so I wasn’t charging individually for it, just the NSA service.
    I have done a number of inidividual documents and in IL I can only charge $1/notarization. I have to CMA bc I either notarize for free, or perform the service and mileage for a higher fee. DH, atty, helps me to invoice to legally cover, and really, that is what we ALL are doing for any loan signing, if you consider it. My invoices, btw, are a full page, 8 1/2 x 11″ and I print the customer a copy, and retain one for myself.
    The laws are ridiculous for notarization fees. Should we notaries live on welfare and save up for lunch from a handful of witnessing?

    Comment by betty — May 1, 2020 @ 4:22 pm

  4. This type of notarization is called a Hybrid. Some lenders/documents will have the verbiage blended together but in California we can’t use Hybrids so they need to be a separate jurat and acknowledgment.

    Comment by Chelsea Addison — May 3, 2020 @ 5:41 pm

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