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December 7, 2019

December 6, 2018

Jurat – Definition

Filed under: Notary Acts & Certificates — Tags: 2012 jurat wording, Jurat, Jurat Definition, jurats, What is a Jurat? — admin @ 10:24 am

A Jurat is a Notary act where the signer or affiant must sign and swear (or affirm), both in the presence of the Notary Public. The signer gets to choose whether they wish to swear under God under Oath or affirm on their honor — both acts are done under the penalty of perjury.

Jurats are the second most common Notary act next to Acknowledgments.

There is no prescribed Oath verbiage, however, the word swear should be used, and there should be a reference to the truthfulness of the document. The Notary could have the affiant raise their right hand and ask, “Do you solemnly swear under God and under the penalty of perjury that this document is true and correct to the best of your knowledge?”

A Jurat also requires a Jurat certificate. And the certificate must confirm to state specific rules and have state specific verbiage. Verbiage differs from state to state, but the language, “Subscribed and sworn to before me by (name) on (date)” is common.

Related Links

Jurat wording step by step
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October 17, 2013

Jurat Wording Step by Step

Filed under: Notary Acts & Certificates — Tags: Jurat, Jurat Verbiage, Jurat Wording, notarial, Swear under Oath, Swore Under Oath — admin @ 2:49 am

Jurat Wording

Wording for Jurat Notarizations can vary from state to state. The main thing to understand in Jurat wording is that it must state that the signer appeared before the notary, signed the document before the notary, and swore under oath before the notary.

Additionally, Jurat wording or Jurat verbiage will indicate the date of the notarial act or transaction as well as a venue which constitutes the state and county where the notarial act took place!

You can typically use out of state Jurat verbiage so long as the wording is not substantially different from the Jurat wording in your state. Check with your state’s notary law handbook to verify this point.

A Jurat form could have room for a hand written statement which the signer swears to under Oath. Or, you can attach a Jurat certificate to a document which is being notarized and stamp the certificate instead of the actual document.

Signers are typically asked to raise their right hand and swear under oath during a Jurat notarization. The notary will ask an Oath question using his/her/its own choice of wording. The signer is asked to give a clear oral affirmation to that question. Most Notaries are not well practiced in the art of administering Oaths and it is recommended that they practice giving Oaths before going out in the real world notarizing for people.

Jurats are the 2nd most common type of Notary act, Acknowledgments being the 1st most common.

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August 21, 2013

What is a Jurat?

Filed under: Notary Acts & Certificates,Popular on Twitter 2013,Popular Overall — Tags: Jurat, notary acts, Oath, oaths — admin @ 8:49 am

Many people do not fully understand what a Jurat is. The term Jurat is loosely (and incorrectly) used to describe any notarial form. “Just mail me a Jurat” is a common request (that happens to be illegal). Never mail loose certificates. A Jurat is one of many types of notarial acts. Common notary acts include: Acknowledgments, Jurats, Oaths, Affirmations, Protests, and some states allow witnessing, safety box opening, Proofs of Execution and other notary acts. Notary acts and laws differ from state to state.

A Jurat is a Notary Act that typically requires the signer to be identified, although laws in the past in many states did not require the signer to be identified (believe it or not).

The distinguishing characteristic of a Jurat is that it has an accompanying Oath — AND the signer must sign the document before the Notary Public. An Acknowledged signature may be signed hours, days or years before it is notarized! The wording for the Oath is up to the notary. Unfortunately, many notaries are not very good at administering Oaths and some skip the procedure altogether (which is illegal).

You can attach Jurat wording to a document. Or, just write a quick statement that you intend to swear to on a Jurat form. But, if you need an Acknowledgment certificate, don’t ask for “A Jurat”. It is not the same thing legally. Also, please note that the notary is legally forbidden from deciding what type of notarization you need. So, if your Attorney or document custodian doesn’t tell you what type of notarization you need, please ask them before the notary shows up! Good luck!

Tweets:
(1) The term Jurat is loosely (and incorrectly) used to describe any notarial form.
(2) “Just mail me a Jurat,” is a common, but illegal request!
(3) A #Jurat is a notary act requiring the signer 2sign before the notary, swear & be identified.

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January 23, 2011

California Acknowledgment and Jurat Information

Filed under: California_Notary — Tags: Acknowledgment, California acknowledgment verbiage, California acknowledgment wording, California jurat verbiage, California jurat wording, california notary, California notary acknowledgment, California notary jurat, California notary law, California notary public, California notary verbiage, California notary wording, Notary Public California — admin @ 1:55 am

To see current 2011 & 2012 California Acknowledgment wording information and California Jurat verbiage information, just visit:
http://www.123notary.com/California/acknowledgment_jurat.asp

California Acknowledgments & California Jurats

Notary laws are often based on antiquated social customs and laws. Many notary laws in Louisiana are based on the old Spanish and French laws which make it extremely different from the rest of the United States. Louisiana is sort of a foreign country controlled by our government. The language is English, but the laws are not. California notary law used to have some old rules too for identifying a signer.

In olden times, people lived in smaller communities, traveled less, and had less access to the outside world. In those days you knew your neighbors and knew them well. California notary laws and laws in many states allowed a notary to use personal knowledge of an individual as a way to identify them for a notarization. But, in 2011 with people flying all around, and nobody really knowing anyone, you can not really use personal knowledge as an identifying technique anymore. People don’t even know their wives and children that well these days! After 9/11, the laws changed in many states. It took a few years for the state governments to react, but standards for identification were raised. You can still identify signers using credible witnesses which I feel is false identification. The credible witnesses don’t really usually know the signer that well, and have to be reminded of the signer’s name in many cases. The most common form of identification is a driver’s license, state ID card, or password.

In any case, California notary laws for identifying a signer for an acknowledged signature are tougher now that personal knowledge is not allowed. But, signers also need to be identified for Jurats which never used to be the case. In the last few years, the California notary wording or California notary Verbiage for Acknowledgment and Jurat forms has changed a little bit as well.

Oaths and Affirmations in California have now become a merged act. You just choose whether you want it to be an affirmation or oath in the paperwork.

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January 19, 2011

2013 Notary Wording for Jurats and Acknowledgments

Filed under: Notary Acts & Certificates — Tags: 2012 california notary acknowledgment, 2012 florida notary acknowledgment, 2012 jurat wording, 2012 notary jurat wording, 2012 notary wording, 2012 texas notary acknowledgment, 2013 california notary acknowledgment, 2013 notary acknowledgment, 2013 notary acknowledgment wording, 2013 notary jurat wording, 2013 notary verbiage — admin @ 12:20 am

2012 & 2013 Notary Jurat Wording / 2012 & 2013 Notary Acknowledgment Wording

Notary verbiage and notary wording for Jurat and Acknowledgment certificates is different across state boundaries and also changes over time. If you want to see current 2013 notary verbiage for notary certificates, we have information for various states.

Information about Notary verbiage for:
Arizona, California, Florida, Illinois, Michigan, New York, Ohio, and Texas We will have information for more states in the future.

Please check your state’s notary division’s website for more information about notary verbiage on certificates if your state wasn’t mentioned on our list.

In the future, we might have Acknowledgment and Jurat information for:

Alabama, Alaska, Arkansas, Colorado, Connecticut, Delaware, DC, Georgia, Hawaii, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, North Carolina, North Dakota, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming.

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November 15, 2024

How to Properly Notarize Multi-Page Documents

Filed under: Notary Public 101 — Tags: Multi-page Document — Tom Wilkins @ 12:00 am

Dealing with multi-page documents can be daunting for homeowners and business owners, especially when notarization is required. Knowing how to properly notarize multi-page documents for legal compliance can save you time, prevent delays, and protect you from legal issues. This guide will walk you through the essential steps to ensure accurate and legally compliant notarization every time.

Why Proper Notarization Matters?

Notarizing multi-page documents is more than just applying a stamp. It involves verifying signatures, ensuring completeness, and confirming the legal authenticity of the entire document. Mistakes, such as missing pages or incorrect certificates, can lead to rejected documents, wasted time, and potential legal disputes. Understanding how to properly notarize multi-page documents for legal compliance is essential for avoiding these problems.

Step 1: Review the Entire Document Thoroughly

Before you begin notarizing, review the entire document to ensure it is complete.

Check for Missing Pages

Ensure that all pages are present and in the correct order. Missing or misplaced pages can ensure the document is valid. Pay close attention to any missing sections that could be filled in later without your oversight.

Look for Blank Spaces

Verify that the document is free of blank spaces. Blank spaces could be altered after notarization, potentially leading to fraud or disputes. Ask the signer to fill in any blank fields or cross them out if they are intentionally left blank.

Step 2: Use Notary Certificates Properly

Usually, the notary certificate is on the last page of a multi-page document. However, this isn’t always the case; additional steps may be needed.

Attach a Loose Certificate When Necessary

If the document doesn’t have a built-in notary certificate, attach a loose certificate. Based on the requirements, choose the appropriate type, such as an acknowledgment or a jurat. Complete the certificate, including your signature and seal, and reference the document.

Number the Pages

Add page numbers to the entire document manually or with a page-numbering stamp. Noting “Page X of Y” helps verify the document’s completion and prevents pages from being altered or removed later.

Step 3: Verify the Signer’s Identity and Signatures

One of the most crucial steps in properly notarizing multi-page documents for legal compliance is confirming the signer’s identity. This process is essential for maintaining the integrity of the notarization.

Check Identification

Examine the signer’s government-issued ID to verify their identity. Make sure the name on the ID matches the name on the document. If there are multiple signers, repeat this process for each person.

Ask the Signer to Initial Each Page

Have the signer initial every page of the document. This practice helps confirm that each page is part of the original document. Initialing reduces the risk of tampering or page substitution.

Step 4: Apply Your Notary Seal Correctly

The notary seal is critical to the notarization process, especially for multi-page documents. An improperly applied seal can invalidate the notarization.

Placement of the Notary Seal

Place the seal near your signature on the notary certificate. Make sure it is clear and legible. If space is tight, use an embosser seal instead to avoid covering important text.

Double-Check Seal Details

Ensure the seal includes your name, commission number, and expiration date. For the notarization to be valid, all details must be visible. Double-check the seal’s clarity before completing the process.

Final Review and Completion

After applying the seal, conduct a final review of the entire document. Check again for missing initials, blank spaces, or incorrect details. This final step can save you from having to redo the notarization.

Ensure Legal Compliance with Every Step

Properly notarizing multi-page documents is vital for maintaining their legal integrity. By following the steps to properly notarize multi-page documents for legal compliance, you can avoid common errors and provide a reliable service to your clients. From reviewing each page thoroughly to applying the notary seal correctly, your attention to detail ensures the document’s authenticity. For more expert advice on enhancing your notary practice, please look at our social media tips for notaries.

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October 25, 2024

Notary Verbiage and Wording Tips

Filed under: Notary Public 101 — Tags: Notary Verbiage — Tom Wilkins @ 12:00 am

Have you ever wondered if the wording in your notarized documents could lead to costly mistakes? Homeowners and business owners must have clear and precise notary vocabulary to ensure their legal documents are correctly prepared and executed. Whether you’re managing real estate transactions, business agreements, or loan documents, using the correct language helps prevent errors, delays, and legal disputes. This guide will explore critical notary verbiage and wording tips for clear documentation to streamline your process and protect your interests.

The Importance of Clear Notary Verbiage

Clear and correct notary verbiage ensures your documents are legally binding and properly executed. Correct wording can significantly affect real estate transactions, business contracts, or loan agreements. Follow these tips to keep your documents in order and avoid complications.

Tip 1: Keep the Language Simple and Clear

One of the most essential notary verbiage and wording tips for clear documentation is to use simple, understandable language. Avoid unnecessary legal jargon that could confuse the signer and lead to errors. This helps ensure that all parties understand the document and the responsibilities involved.

Avoid terms like “heretofore” or “hereinafter.”
Use simple alternatives like “from this point” or “from now on.”

Tip 2: Be Specific in Names, Dates, and Phrases

Precision is crucial in notarized documents. Vague or unclear wording can cause confusion or disputes. All parties must understand the terms and conditions outlined in the document. Be as specific as possible when referring to individuals or dates.

Use full legal names instead of nicknames or initials
Use specific dates like “on July 15, 2024, at 10:00 AM” rather than “around this date.”
Avoid phrases like “as soon as possible” or “at your earliest convenience.”

Tip 3: Review Notary Certificate Wording

The wording on notary certificates must comply with state regulations, which can vary based on the type of notarization. Double-check that your certificate includes the correct legal language for your state. If uncertain, consult your state’s notary handbook or seek legal advice to ensure compliance.

For acknowledgments, ensure phrases like “personally appeared before me” are included
For jurats, confirm the certificate states that the signer swore or affirmed the document in front of the notary

Tip 4: Include All Necessary Information

It’s important to ensure all essential information is on your notarized document. Failing to include the required details can result in rejection or delay. Ensure that each document requiring notarization has the correct information to avoid confusion or legal issues.

Full names of all signers
Notary commission number
Date of notarization
A complete signature block for each signer with consistent wording, such as “signed and sworn to before me on [date].”

Tip 5: Maintain Professional Language

Always use formal, professional language in your notary verbiage. Casual wording can undermine the seriousness of legal documents. Keep the tone appropriate for the legal setting. This will help maintain the integrity and importance of the document.

Instead of saying “showed up,” use “personally appeared.”
Avoid conversational phrases; use formal terms like “executed before me” or “acknowledged before me.”

Tip 6: Know Your State’s Notary Regulations

Since notary laws differ between states, staying updated on local regulations is essential. Some states require specific wording for particular types of documents, especially in real estate transactions. Homeowners and business owners can benefit from consulting legal experts or a trusted notary to ensure their documents meet legal standards.

Review your state’s notary laws regularly to ensure compliance
Use the latest required verbiage to avoid the document being invalidated

Accurate Verbiage Matters

Precise and clear notary verbiage ensures your documents are correctly executed and legally binding. By following these notary verbiage and wording tips for clear documentation, you can avoid common mistakes and ensure your documents meet all legal requirements. Staying specific, using simple language, and adhering to state regulations will help you confidently create notarized documents.

For additional tips, check out our blog on mobile notary safety tips for beginners to further enhance your notary knowledge.

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October 18, 2024

Common Notary Mistakes That Can Hurt Your Practice

Filed under: Notary Public 101 — Tags: Common Mistakes — Tom Wilkins @ 12:00 am

As a mobile notary, your success depends on accuracy, attention to detail, and adherence to legal standards. Even small mistakes can have serious consequences, including legal issues or damage to your reputation. Awareness of the common errors notaries make and how to avoid them will help protect your business and ensure you maintain high professionalism. Below are some of the most common mistakes notaries make and how to avoid them in practice.

Failure to Properly Identify Signers

One of the most important tasks for notaries is verifying the identity of the signer. Accepting expired or invalid IDs or relying on personal knowledge can result in fraudulent activity and legal disputes.

How to Avoid:

Always ensure the signer presents a valid, government-issued photo ID. If the ID is expired or inadequate, proceed once proper identification is provided. Even when you know the person, following identification rules to protect your practice is essential.

Poor Record-Keeping

Maintaining a thorough notary journal is essential, even if it’s not required in your state. Failing to document notarizations properly can expose you to legal challenges.

How to Avoid:

Record every notarization in a journal, noting the date, document type, signer’s information, and any additional details. This documentation protects you if a notarized document is ever questioned, ensuring you have an official record to back you up.

Overstepping Notary Authority

Notaries sometimes offer legal advice or explanations that are beyond their legal authority. This can lead to legal repercussions and harm your reputation.

How to Avoid:

Stay within your role of confirming the identity of signers and witnessing signatures. If a client has questions about the legal content of a document, refer them to an attorney. Never interpret documents or provide legal guidance.

Incorrect Notarial Certificates

Using the wrong notarial certificate or failing to complete it correctly can invalidate the notarization. This is one of the most common mistakes notaries make, and learning to avoid it in practice is essential for ensuring your notarizations are legally binding.

How to Avoid:

Before notarizing, ensure you’re using the correct certificate (acknowledgment, jurat, etc.) and fill out all the necessary fields, including the date, signer’s name, and notary seal. Taking time to double-check your work will prevent unnecessary mistakes.

Failure to Keep Up with State Laws

Notary laws vary by state, and they frequently change. Not staying current with these regulations can lead to compliance issues, potentially resulting in legal trouble or loss of commission.

How to Avoid:

Attend training sessions or subscribe to notary newsletters to stay informed about your state’s laws. Regularly update your knowledge to ensure compliance with current regulations.

Lack of Insurance and Bonds

Having the right insurance or bonds can protect you from financial risks. Even a minor error can lead to claims that could harm your business.

How to Avoid:

Invest in errors and omissions (E&O) insurance, even if it’s not mandatory in your state. This coverage protects you from financial claims in the event of a mistake. Additionally, ensure that you meet any bond requirements in your state.

Notarizing Incomplete Documents

Notarizing documents with blank spaces or incomplete information can lead to legal complications and potential fraud. This is a common mistake that can have serious consequences.

How to Avoid:

Only notarize a document that contains blank spaces or is complete. Review the document thoroughly before notarizing, and ask the signer to fill out any missing information. If you’re unsure, pause the notarization and seek clarification.

Safeguarding Your Practice

Avoiding these common mistakes notaries make and how to avoid them in practice is essential for protecting your business and maintaining a good reputation. Correctly identifying signers, keeping accurate records, staying updated on laws, and following best practices can ensure your mobile notary business runs smoothly without unnecessary risk. For more helpful suggestions, check out these marketing tips for mobile notary services.

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September 6, 2024

How to Notarize Documents Lacking Signature Lines

Filed under: (2) Technical and Legal — Tags: Notarize Documents — Tom Wilkins @ 7:24 pm

In legal documents, a clear signature line is often essential. However, there are times when you might encounter a document that lacks this crucial element. As a homeowner or business owner, knowing how to notarize documents without a signature line for validity is key to ensuring your agreements remain legally binding and recognized. This guide will walk you through the necessary steps to confidently handle these situations.

Understanding the Role of Signature Lines

Signature lines are the designated area for parties to indicate their agreement and consent. In legal documents, this is critical for establishing authenticity. However, certain documents—especially informal agreements or older forms—may lack a pre-printed signature line. When this happens, it is important to know how to notarize the document properly to maintain its validity.

Steps to Notarize Documents Without a Signature Line

1. Review the Document Carefully

Before notarizing, thoroughly review the document. Look for any area that might logically serve as a place for a signature, even if it’s not explicitly marked. Pay attention to the content to ensure no missing elements could impact its validity.

2. Choose the Appropriate Signature Placement

When a document lacks a signature line, consult with the signer to determine the most appropriate place for their signature. Typically, this should be at the end of the document, near the concluding statements, or immediately after the final paragraph. The key is placing the signature where it logically fits the document’s content and intent.

3. Attach a Notarial Certificate

Add a notarial certificate to the document to ensure the notarization’s validity. This certificate will identify the document, the date of notarization, and the parties involved. It should also confirm that the signer appeared before you and acknowledged the document’s contents. A notarial certificate is essential for validating a notarized document without a pre-existing signature line.

Types of Notarial CertificatesAcknowledgment Certificate

An acknowledgment certificate is commonly used when the signer acknowledges they signed the document willingly. In the absence of a signature line, this certificate is especially useful. It confirms that the signer appeared before the notary and affirmed the signature on the document is their own.

Jurat Certificate

A jurat certificate is typically used when the signer swears to or affirms the truthfulness of the document’s contents under oath. When notarizing a document without a signature line, you can attach a jurat to confirm the signer personally appeared before you and signed the document in your presence. This is often required for affidavits or sworn statements.

Adhering to State Notary Laws

Laws regarding notarization can differ from state to state, so it’s crucial to comply with your local regulations. Some states may have specific requirements for notarizing documents without signature lines, such as mandatory wording or special notarial certificates. Check your state’s notary laws to avoid any potential legal complications.

Clear Communication with the Signer

Clear communication is vital when dealing with documents that lack signature lines. Explain the process to the signer, including where they should sign and the role of the notarial certificate. This builds trust and ensures the signer understands how the notarization process works for their document.

Ensuring Validity in Unconventional Situations

Notarizing documents without a signature line may seem challenging, but following the correct steps ensures their legal validity. By understanding how to notarize documents without a signature line for validity, you can provide accurate, reliable services to homeowners and business owners. Always stay informed about state laws, use the appropriate notarial certificates, and communicate clearly with your clients to ensure smooth transactions. With the right approach, you’ll maintain high-quality service while handling any notarization challenge. To further grow your business, explore strategies to create more demand for my notary business.

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Older Posts »

Notary Blog – Signing Tips, Marketing Tips, General Notary Advice – 123notary.com Control Panel

December 7, 2019

December 6, 2018

October 17, 2013

August 21, 2013

January 23, 2011

January 19, 2011

November 15, 2024

Why Proper Notarization Matters?

Step 1: Review the Entire Document Thoroughly

Step 2: Use Notary Certificates Properly

Step 3: Verify the Signer’s Identity and Signatures

Step 4: Apply Your Notary Seal Correctly

Final Review and Completion

October 25, 2024

October 18, 2024

September 6, 2024