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November 23, 2020

Notary Test about Notary acts and more

Filed under: Technical & Legal — admin @ 9:41 am

Here are some test questions for you guys to see who’s got it and who has been faking it all this time.

1. In an Acknowledgment, who acknowledges what?

2. In a Jurat, does the signer swear that they:
(a) Signed a particular document and that they agree to it
(c) Are the person who they claim to be
(d) All of the above

3. If a document was signed on March 1, 2001, and today is March 2, 2020, what type of notary act can you use to notarize the document without having it resigned?

4. When administering an Oath to an affiant, after having the affiant raise their right hand (or paw) the Notary should start with the words:
(a) I solemnly swear
(b) Do you solemnly swear
(c) Do you affirm
(d) I solemnly affirm

5. What is the difference between an Oath and an Affirmation?
(a) In an Oath you swear; In an Affirmation you Affirm;
(b) They are essentially the same
(c) In an Oath, the affiant swears under God; In an Affirmation the affiant affirms on their personal honor;
(d) In both acts the affiant makes a solemn promise

6. A proof of execution is an act where the principal signer:
(a) Does not show up
(b) Must show up because the signer must show up for all notary acts
(c) Does not show up, but has someone show up for them
(d) There is no such act.

7. If you have two names on an Acknowledmgent (John & Sally) but Sally cannot make it, what is the most pressing benefit to crossing her name out on the form rather than using a fresh form.
(a) Your recording fees will not be affected
(b) There is less danger of the new form being detached and used fraudulently
(c) It is easier
(d) It will look better in court because it is “cleaner” than using a new form and stapling it to the document.

8. If you are notarizing the signatures of three people each on ten Grant Deeds, how many journal entries should you use?
(a) 1
(b) 3
(c) 30
(d) 13

9. If you are notarizing the signatures of one person on five Grant Deeds, how do you differentiate the Deeds in your journal?
(a) Indicate the property address
(b) Indicate the APN number
(c) Indicate the document date
(d) Just say, “Grant Deed” in your journal entry(ies)

10. If you are at a loan signing and have a question about a notarization…
(a) You should ask title
(b) You should ask the lender
(c) You should ask the NNA
(d) You should ask your state Notary division

Summary
These are very important notary questions. Answering them correctly will help you know your job and reduce your chance of ending up in a sticky situation. You can consult our Notary Public 101 course on the blog to look up content regarding these points although we don’t address these specific questions in particular.

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November 11, 2020

Oaths — how Notaries completely screw them up!

Filed under: Notary Acts & Certificates,Popular on Facebook (very),Popular on Linked In — Tags: , , , , , , — admin @ 11:21 pm

Oaths are an official Notarial act in all states if my memory serves correctly. Oaths unfortunately are very misunderstood and generally poorly administered if administered at all. So, let me straighten out some common problems that I have seen with Oaths.

By definition, all Jurat Notary Acts must include an Oath. A Jurat is a Notary Act with a written statement and an Oath. The documentation of the Oath has verbiage such as, “Subscribed and sworn to before me ______ on this ______ (date) by _____ (name of affiant).” There are various problems that occur here. Oaths also can occur as independent and purely oral acts.

1. Omission of Oath
Most Notaries omit the required Oath for a Jurat. In California, your commission can be suspended, revoked, or terminated by omitting an Oath and you can also be fined $750 per incident. Other states do not teach Oaths, not fine you if you forget to administer it which is exactly why most out of state Notaries simply don’t do the Oath. Nobody is putting a gun to their head, so why should they unless they have integrity which they usually don’t have according to my recent findings. Sad!

2. The word Swear omitted.
When administering an Oath, you must use the word swear, otherwise in my book it is not an Oath. A good Oath requires the signer to raise their right hand, the word solemnly should ideally be used before the word swear (for good form), the phrase, “under the penalty of perjury” could also be used, and the clause, “So help you God” should also be used. Although there is no prescribed Oath verbiage, if you don’t swear, it isn’t an Oath. Some Notaries prefer to affirm, state, acknowledge or attest rather than using the word swear since swearing offends the ultra-religious and ultra-athiest members of the public. So, for those who don’t want to swear, don’t use an Oath — use an affirmation instead which does not mention God or swearing.

3. What if people don’t want to use the word swear?
Some people find it offensive to use the word swear or God in an Oath. For them, you use the sister act which is an Affirmation which is allowed in most if not all states. But, don’t confuse the two acts even though they are interchangeable — they are not the same thing and you can not cross use the verbiage for one act on another. If you Oath you swear and if you do an Affirmation, you Affirm. You do not affirm with an Oath.

4. Using exchangeable verbiage.
Some states allow or prescribe verbiage such as, “Do you solemnly swear or affirm that the contents of this document are true and correct?” That is acceptable to me as an Oath because you used the word Swear even though you had alternate verbiage. But, you did not omit swear to only use the alternate verbiage which would disqualify the act as an Oath.

5. Court Oath vs. Jurat Oath.
There are many types of Oaths out there. You can swear people into court, solemnize a marriage, swear someone into office, or have them swear to a document. Notaries should PRACTICE the various types of Oaths so that they can master each type and not confuse them otherwise the Notary will look like an idiot (this happens a lot with our members.) It is common for me to ask for an Oath for a document and the Notary says, “Do you solemnly swear to tell the truth, the whole truth and nothing but the truth?” I say, “I do, but can we now say an Oath for my document?” That is not a document Oath, that is a swearing you into court Oath.

6. Swearing that I voluntarily signed a document
Many Notaries will have me swear that I voluntarily signed a document. This is required in many instances in Massachusetts, however, swearing that I signed a document is not necessary in most states since the Notary watched the person sign, and making sure you signed voluntarily has never been an issue for anybody I know. If you were under duress, would you suddently tell the Notary simply because he asked or would you get nervous? Hmmm. There is no harm in asking if I signed a document on my own free will, so long as you don’t forget to give Oath verbiage about the document in Jurat Oath where the point of the Oath is to swear to facts contained in the document.

7. Swearing that I am the person in my ID
This is ridiculous. If I were an identity fraud, would I say that the ID was not mine? Many Notaries administer an Oath on my ID when I ask them to do an Oath on my document. The ID is not the document — get it straight.

8. Omitting the word document
If you are doing a Jurat Oath but give an Oath that “the information” is true and correct doesn’t cut it. If you are giving an Oath about a particular document, you must reference the document somehow. “Do you solemnly swear that the contents of the document before you are true and correct to the best of your knowledge, so help you God?” That would be an acceptable Oath because you are swearing, and swearing to a particular document rather than to thin air.

9. Relying on cheat sheets.
Many Notaries can only do an Oath when they have their recommended wording from their state with them. If for any reason they should lose the cheat sheet, they would not be able to lawfully conduct their duties as Notary Public. If you practice giving Oaths, you can give them by heard. Additionally, many Notaries give inapplicable Oaths as I mentioned above, so relying on reading text that you don’t understand the meaning of is useless. You need to understand the meaning and significance of the Oath you are giving otherwise it serves no intrinsic purpose.

10. Subscribed and Sworn.
Many Notaries say, “Subsribed and sworn to this ____ day of ___” when I ask them to deliver an Oath. That is the written documentation that an Oath took place. It is NOT the Oath itself. Oath wording typically starts with, “Do you solemnly swear…” and you should have the person raise their right hand.

11. A Jurat is not an Oath
Oath is to Jurat what Motor is to Automobile. A Jurat has an Oath, but a Jurat is not an Oath. An Oath can be an independent Notarial act which in most states has no written certificate. Florida has a useless certificate which says there was an Oath, but doesn’t give any indication of what was sworn to or the type of Oath. You might as well not have paperwork if it is that lame.

12. Notary Acts
When I ask people to name some Notary acts, most people claim not to know what I am talking about. They commonly mention Acknowledgments and Jurats. Few mention Oaths. Oaths and Affirmations are Official Notarial Acts in all or nearly all states. Notaries are required by law to administer Oaths if the public requests them from you. If you have never been asked to do one, that doesn’t preclude the possibility that you will be asked to do one. You are also not exempt from the responsibility of knowing how to administer one. If you are a commissioned Notary Public, you are responsible to administer Oaths, and correct sounding relevant Oaths, otherwise your state has the right to decommission you — and in my opinion they should.

MY RECOMMENDATIONS

Here is some standard Oath wording I like for documents.
“Do you solemnly swear under the penalty of perjury that the information in this document is true and correct to the best of your knowledge and that you agree to and will abide by the terms — if any in the document, so help you God?”
Please notice that I mentioned terms. What good is swearing to an agreement if you only agree that the agreement is true? The point of an agreement is that you agree to the agreement and will follow the terms of the agreement. Having a “useful” Oath rather than a correct but “useless” Oath makes a lot of sense. If your Oath serves no purpose, then why give one?

BAD OATHS
Here are some examples of wrong Oaths for Jurat documents for your reading pleasure.

“Do you acknowledge that this is correct?”
“Do you affirm that the document is correct?”
“Do you solemnly swear to tell the truth, the whole truth, and nothing but the truth so help you God?”
“Subscribed and Sworn to before me.”
“Do you solemnly swear that this is your true ID?”

OKAY OATHS
“Do you swear that the foregoing is correct?”
“Do you solemnly swear that the document in front of you is true and correct to the best of your knowledge?”

COMMENTARY
Most states do not teach the art of Oath giving, but they should. Notaries are required by law to administer Oaths, yet the majority of Notaries either give no Oath, inapplicable Oaths, or poorly worded Oaths while others rely on cheat sheets which is bad. Using cheat sheets is okay, but relying exclusively on some standardized wording for Jurat Oaths is not acceptable. There are situations where there is REQUIRED prescribed wording where you have to use that particular wording. In such a circumstance it is okay to rely on particular wording. However, for Jurat Oaths, you should be able to make up an Oath, otherwise I will fail you.

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You might also like:

Notary Public 101 guide to Oaths, Affirmations, Jurats & Acknowledgments
http://blog.123notary.com/?p=19500

Airline meals vs. Oaths & Affirmations
http://blog.123notary.com/?p=19549

Affirmations – pleasing the politically correct while offending the traditional people.
http://blog.123notary.com/?p=19606

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November 2, 2020

Notary Verbiage & Notary Wording

Filed under: Popular on Facebook (A little),Technical & Legal — Tags: , , , , — admin @ 11:07 pm

Originally published Nov 13, 2016.

Notary verbiage is a fancy way of saying Notary wording. Notary verbiage is legally required on all notarizations that are in writing. Oaths and Affirmations might not contain any written proof of the transaction other than in the Notary journal. The Notary form where the Notary wording is documented or written is called a Notary Certificate. A Notary Certificate would be a separate piece of paper where official state Notary wording is written or it could be the official notary wording embedded at the end of a legal document after the signature section.

Notary verbiage varies from state to state
You need to make sure that the Notary wording you are using is prescribed for your state. Each state has different wording, and you can look up that wording on Google by using terms such as, “New Jersey Acknowledgment Verbiage.” You need to specify which type of Notary act you want to know the wording for. Acknowledgments and Jurats are the two most common forms of Notary acts, although some states allow for certified copies of powers of attorney and other specialized notary acts.

Out of State Notary wording causes confusion
If you are a California Notary Public notarizing a deed with Florida Notary wording, you are allowed to Notarize the document. Notary wording on out of state documents might be a little different than what your state’s official Notary verbiage is. But, so long as it is not substantially different it is allowed. That means that so long as there are no differences in meaning behind the words in the Notary verbiage then it is okay. Most Acknowledgment sections claim that the signer appeared before the Notary on a particular date and acknowledged that they in fact signed the instrument (document).

International Wording
Out of state notary wording has never caused a problem in my personal Notary career of eight years. However, international requirements can cause a huge nightmare. It is common for overseas document custodians (the entity who will record or hold on to the document after it is notarized) to have requirements which are not only “not done” in the United States, but could be illegal. It is common for Chinese organizations to want an American Notary to put a stamp on a blank piece of paper with no Notarial wording which is completely illegal. In such a case, you have to explain to the signer that you are required by law to staple a notary certificate to the document being Notarized, fill it out completely, and then stamp it to complete the Notarization. Most states also require the signer to be identified and sign a journal.

ACKNOWLEDGMENT CERTIFICATE WORDING FROM TOP TO BOTTOM

(1) The Venue

Q. What is a Venue?
A. The venue comes at the top of a Notary certificate and documents the state and states the county.

State of California
County of Los Angeles

Certificate verbiage will contain a venue which is a section at the top of the notary certificate which includes the state and county where the notarization took place, and a signature section at the bottom which is where you put your signature and Notary seal impression. It is possible that a preprinted venue will have the wrong state which is a problem. If there is wrong information in the venue, you either have to do a cross out, or start with a brand new form. Most venues pre-print the state, but leave a blank where the county is to be inscribed. A prudent Notary will make sure all forms get filled out correctly with no cross outs as that is very unprofessional, especially on documents such as Deeds or Power of Attorney which are likely to be recorded by the county or some other organization.

(2) The body of an Acknowledgment.
Below the venue, the acknowledgment certificate will state that on such a date, a particular person or several named people personally appeared before a Notary Public and acknowledge that they signed the corresponding document. The wording will also include the fact that the signer was positively identified or perhaps known to the notary (some states allow for personal knowledge of a signer at a notarization.)

(3) The bottom of an Acknowledgment
Locus Sigilli is a lovely Latin term means the location of the stamp. At the bottom of the Notary certificate form is where the signature of the Notary goes and also where the stamp goes. Most Notaries use an inked Notary Seal while others use a non-inked Notary embosser in addition to prove authenticity of the notarization as it is possible to emboss all of the pages of the document to prove that pages were not swapped after the fact.

(4) Examples

Example of a Florida Acknowledgment Certificate

STATE OF FLORIDA

COUNTY OF BROWARD

The foregoing instrument was acknowledged before me this ___________ (date), by __________ (name), who is personally known to me or who has produced _____________ (type of identification) as identification.

______________________________

Notary Public

Printed Name:__________________

My Commission Expires:

____________________

Commission #_________

California Acknowledgment Wording

State of California
County of Los Angeles

On 7-21-2016 before me , Joe Smith Notary Public, personally appeared Sam Sarno
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

Witness my hand and official seal _______________
Description of Attached Document
Title or Type of Document: _______ Number of Pages: ________
Document Date: _____ Other: _____________

Crossing out verbiage is required
On an Acknowledgment form, the boiler plate wording in the middle of the form requires cross-outs. Normally on legal forms you don’t want to cross out anything, but these cross-outs establish whether you are dealing with an individual signer, a male, female, group, etc.
If you look at the California Acknowledgment wording above, you will notice the term “Person(s)”. If it is a single person, then cross out the (s). The term name(s) — if there is only one name then cross out the (s). If you are doing a name affidavit, you might have a single person and six or seven names in which case do not cross out the (s). Then there is the he/she/they wording which can be complicated if you are notarizing someone of ambiguous gender or for Siamese twins.

Jurat Wording
Jurat wording is substantially different from Acknowledgment wording in that the Jurat requires the signer to sign in the presence of a Notary and swear under Oath as to the truthfulness of the document. Many states have a simplistic wording that just says,

“Subscribed and sworn to before me this __________ date of ______, (enter year) _______. ”

Other states have more elaborate wording, but the basic facts documented are the same.

Certified Copy by Document Custodian
This is a type of Jurat that is used only from time to time. Many individuals want to make a copy of a document and then have a Notary “certify” that the copy is correct. Most states don’t allow a Notary to certify this information. However, a Notary could make the photocopy him/her-self and write a note claiming that they attest to the fact that the photocopy is a true and complete copy of the original. However, the offficial Notary act that takes place is a Jurat where the signer swears under Oath that the copy is genuine. I completed many such Notary acts for college transcripts especially for foreign clients.

Read More about Notary Wording

http://blog.123notary.com/?tag=notary-wording

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

Notary Acknowledgment Wording
http://blog.123notary.com/?p=18858

Index of information about documents
http://blog.123notary.com/?p=20258

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October 15, 2020

Names for Notary Businesses with Commentary

Filed under: Business Tips — admin @ 8:15 am

Notaries love to read about names for Notary businesses. Some names are geographical, some are funny, and some get you in trouble. Others sound cliche and a few are catchy. Here are some names we see and a few we made up for fun.

Notary 4 U
Now there is a name that works well on an email address.

Signatures 4 Less
Sounds like a bargain

Notaries R Us
Sounds like a Toys R Us commercial. Affidavits are in aisle three.

Seals on Wheels or Notary on Wheels
This on is popular.

Seal the Deal Mobile Notary
Talk about getting things done.

The Notarizer or The Noterator
I think Arnold has registered this name already.

Have Stamp Will Travel
Brings back memories of the old West.

What’s Up Docs
This signing service ended up not doing that well. People thought their name was goofy. But, Bugs Bunny liked it and that’s all that matters to me.

A1 Notary Services
Try this service out when Worcestershire Notary Services is busy!

Notary 90210
Great service, but discounts are probably not their thing in that zip code.

Notary Now
On a busy day, they temporarily change their name to Notary Later.

Jesus (pronounced Hey-soos) & the 12 Apostilles 24 hour Mobile Notary
“We’ll get the job done come hell or high water.”
Sounds like a great name for a Hispanic Notary & Apostille / Authentication Service.

Vampire 24 Hour Notary
“We are Vampires and never sleep. Our price for a Jurat is half a pint of blood with a straw.”

Right on Time Mobile Notary
If you worked for Domino’s Pizza you’ll have an in getting a job from these guys.

Prestige Mobile Notaries
I think the 90210 is still a better idea. Don’t say it — show it…

Royal Notary Service
I’m sure this is where Queen Elizabeth gets her Affidavits.

A. Paul Steele
Sounds like a great name unless your clients want an Authentication!

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You might also like:

Names for Notary businesses that can get you in trouble
http://blog.123notary.com/?p=19064

Geographic Notary Business Names
http://blog.123notary.com/?p=19060

Notary Business Names
http://blog.123notary.com/?p=2302

Choosing a name for a business license
http://blog.123notary.com/?p=7103

You could get sued if you don’t have a business license
http://blog.123notary.com/?p=7100

Deceptive Identities – Companies that change their names
http://blog.123notary.com/?p=1090

Stealing a Business Name
http://blog.123notary.com/?p=2660

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July 27, 2020

Does the signer sign the notary certificate?

Filed under: Notary Mistakes — admin @ 10:21 pm

Many of you will notice that on a Notary certificate such as an acknowledgment certificate or jurat certificate there is no place for the signer to sign. The certificate forms are for the notary to fill out — for the notary ONLY. The notary indicates the venue, date, who the signer(s) are, and entering the name of the notary. The notary signs and seals (stamps) but the signer should not inscribe any information on that form.

BTW, this is a beginner question. If you are advanced and don’t know this — good God!

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May 7, 2020

Oaths must be signed by the Notary

Filed under: Technical & Legal — admin @ 9:40 am

I read in page 28 of the California Notary handbook that Oaths must be signed by the Notary. How do you sign a verbal act? Jurats must be signed and have a form and place to sign. But, an Oath is a purely verbal act with no accompanying paperwork at least in California. I am stumped. Can someone explain what I am missing?

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April 7, 2020

Lose the attitude…

Filed under: Carmen Towles — admin @ 8:46 am

Many notaries come to me for advise and assistance with notary and loan signing procedures. On occasion I get folks that have a chip on their shoulder for whatever reason. I know this ’notary signing agent business’ can be perplexing and just plain hard to break into. The main problem is that most folks that come into to this profession are not sufficiently trained in their states notarial procedures. So when notaries reach out with questions it is for some of the most basic notarial acts. Things truthfully, they should just know. This is the Secretary of States job which most have failed miserably. Many states don’t have any examples of where to place their stamp or even how to fill out an acknowledgment or jurat but many do and its worth it to look into their handbooks to check.

On this particular occasion, a notary texted me a copy of a jurat and had no clue as to where to place her seal despite the fact to me at least it was obvious that these was a ton of space to the left of her signature. She asked me if this is where she ws to affix her seal. I wrote back 2 word only; ‘Ummm, yes’. I mean where else would you put it. It was the most basic part of her job that she should know. She wrote back quite annoyed that how was she supposed to know this?, blah, blah, blah. Well, how about for starters, getting your notary handbook out and giving it a try, Most folks just focus on loan signing without preparing for what’s really important. THE NOTARIZATIONS!!!

She went on to rant in a text that this is why folks are afraid to ask questions. Well guess what?, you better ask questions. Being a notary can be costly for you and the person you are notarizing signature on documents for. She stated that I sounded annoyed and she was sorry to bother me and that was that. Folks getting an attitude is not helping the situation at all. You had better get all your questions answered and know what you are doing BEFORE you touch anybody’s documents for your sake and theirs. If you don’t ,you will pay the price in more ways than one. And if a little “Ummm”, was enough to set you off then maybe you need to rethink this whole notary signing agent thing.

Why anybody wants to get into this profession without knowing everything about it is beyond me.

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April 2, 2020

How Much Can I charge for a mobile notary assignment and be sure that I will get the job?

Filed under: Other Guest Bloggers — admin @ 8:48 am

There is no easy or definite answer but based on my experience over many years, I have the following suggestions.

First and foremost, don’t immediately say YES when you are asked if you are available to do a notary signing.

The first question should never be, “how much are you paying”? Instead ask informative questions.

When (day and time) do they need it, what type of signing is it (Loan, refinance, POA etc), where is it and how many signatures are being notarized?

If you are comfortable with the answers you get on the above questions even if you don’t get all of the answers, then proceed with getting further details.

Who has the documents? If they are going to email them to you, when is the latest you can get it? Do you need to print one or 2 sets? Do they want you to fax or scan & email them back or drop it at a FeDex or UPS office? I always tell them to email the borrower a copy of the loan documents so they can review them ahead of time and not waste your time reading all of it and ask you questions when you get there for the signing.

After going through your questions, now is a good time to ask them how much they pay for the notary signing and for you to negotiate. You know the distance, date, time and hopefully number of signatures to be notarized. You need to know how much your time is worth and is it worth driving 1 hour for $75 or $150. Be prepared to let them know your reasons for your fee. In Los Angeles, the traffic can set you back 2 to 3 hours depending on where and what time you are traveling. What revenue are you giving up during the travel time otherwise known as Opportunity Cost?

I was recently blindsided when I accepted a notary signing for $250/-. On the surface it seems like more money than the average signing. The two critical mistakes that I made are not finding out definitively if the loan signing is for California or out of state and total number of signatures to be notarized. Out of state loan documents especially New York require more notarizations which require that you prepare California Acknowledgments or Jurats. Never assume that the number of signatures notarized are generally the same at around 4 or 5 for loan signings. The number of signatures I notarized was 30, not including numerous signatures and initials. Without the traveling fee alone, I could have charged up to $450/-. The signers wanted me at their house on the west side of Los Angeles at exactly 6 p.m. because it was convenient for them. That is rush hour and I spent an hour and one half on the freeway and only got there at 6:30 p.m. and offered my apologies to the signers.

As I drove back at 8:30 p.m., I reflected on how I can avoid repeating my mistakes. Although I asked for the number of signatures to be notarized, they told me that they did not know. Going forward, if I was told that they did not know the number of notarizations, then I would confirm via email that the mobile fee is good for up to 6 signatures and anything more they will be charged an additional $15/signature notarized. Next, I will not accept any assignment that will force me to drive during rush hour. If they insist, I will charge an additional fee depending on how long I expect to be stuck in traffic. If they don’t want to pay, that is fine. They can find another notary but at least I am valuing my time and they will know it.

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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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January 31, 2020

Oaths need to be signed?

Filed under: California_Notary — admin @ 11:39 am

I have heard from my sources that Oaths, Affirmations and Depositions all need to be signed by the Notary in California. This is on page 28 in the 2019 handbook near the top of the page.

But, how do you sign an Oath? An Oath is given in thin air? Unless you have a certificate stating that you gave an Oath. Or if the Oath is part of a document that is signed by all parties. Hmm. This is very odd. I wonder if any of our members have ever signed an Oath. Most of our Notaries don’t even know how to give Oaths correctly. Please let me know.

BTW, there is suggested verbiage for Jurat Oaths in the 2019 handbook on page 12. You can improvise upon it as there is no official verbiage.

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