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January 19, 2011

2013 Notary Wording for Jurats and Acknowledgments

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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January 7, 2011

California Acknowledgment Wording Explained

California Acknowledgment Wording Explained

The most common notary act in the United States is the Acknowledgment. Acknowledged signatures represent roughly 80% of notary acts; with Jurats comprising of most of the remainder.

Here is some sample California Acknowledgment Wording.

State of _____________
County of ____________

On _________ before me, ________________________________________,
(name of notary public )
personally appeared _____________________________________________
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 who acknowledged
to me that he/she/they executed the same in their authorized capacity(ies),
and by his/her/their signature(s) on the instrument the person(s), or 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.

____________________________
(Signature of Notary)

Please note that the top section of the certificate wording is called the venue which consists of a documentation of the state and the county. Next comes the body of the acknowledgment certification which documents the date, the name of the notary, the name of the signer who personally appeared before the notary, the fact that the signer was identified properly (they use the term satisfactory evidence to mean that the signer had ID, or was identified through the use of credible witnesses).

The most critical part of the California Acknowledgment Verbiage is that the signer acknowledges subscribing to the within instrument. This simply means that the signer claims that they signed the document. They could have signed hours, months, or years before seeing the notary — and it doesn’t matter so long as they appear before the notary to “acknowledge” that they signed the document. Additionally, the signer must sign the California Notary Journal as well.

Witness my hand and official seal is confusing California Acknowledgment verbiage. A seal, in notary verbiage, could refer to a signature or an official notary stamp (confusing). The notary must sign and affix his/her/its notary seal to the California Acknowledgment Certificate. Please note that the stamp may not be placed over any signatures or wording otherwise it voids the seal.

Please also note that there are lots of (s), is/are, he/she/they, within the text. The notary is expected (many do not do this though) to cross out the inappropriate text near the forward slashes. If you are doing a notarization for a single man, then cross out the she and they and (s) in name, unless he has more than one name being used in the notarization (which would be an interesting case).

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May 9, 2013

What is a notary public?

What is a notary?

A notary is a state appointed public official that is authorized to conduct certain types of official acts such as Acknowledgments, Jurats, Oaths, Affirmations, Protests, and sometimes other notary public acts. Since notaries are appointed by their respective states, the laws for notary conduct and what types of official notary acts a notary can do vary from state to state.

Notary Acknowledgments & Identification Requirements
A notary public can execute acknowledgments. Acknowledgments are the most common notary act representing about 80% of all acts done by notaries! The notary must positively identify a signer as the first step in executing an acknowledgment. Identification requirements vary from state to state, but most states allow state issued identification cards, drivers licenses, and passports. As a general rule, any government issued photo-ID with a serial number, expiration date, and physical description is accepted. Social security cards, credit cards and green cards are not acceptable.

Identification through Credible Witnesses
Some states allow a notary to positively identify a signer through the use of credible witnesses who must be identified by the notary and then swear under Oath as to the identity of the signer. Personal knowledge of the signer used to be allowed in most states, but in recent years, notaries are required to rely on more “hard” forms of identification.

Notary Journals
After the identification process is over, the notary must fill out a journal entry in his/her official journal of notarial acts. Not all states require journals, but they should because the journal is the only record of a transaction that the notary has, and can be used in an investigation or in court after the fact. Such an investigation might happen in a few critical cases where fraud is suspected! The signer is required to sign the notary journal which is one of the most important parts of the notary process.

Notary Certificates
The notary must fill out an Acknowledgment Certificate with state specific Acknowledgment verbiage. The Acknowledgment wording can be embedded in the last page of the document, or could be added and stapled as a loose form.

The official notary seal
Notaries typically affix their seal to the notary certificate area in a document or on a loose certificate. This is a very official way that notaries finalize their notary acts. Notaries may use an inked rubber seal. Some states allow a notary public to also use an non-inked embosser which leaves a raised impression in a piece of paper — as a supplemental seal to deter fraud through page swapping.

Jurats
A Jurat is a notary procedure where the notary administers an Oath. The signer has to raise his/her right hand and swear under Oath to the truthfulness of a document or statement in a Jurat form. Additionally, the signer must sign the document in front of the notary for a Jurat, where they can sign long ahead of time for an Acknowledgment. Identification requirements for Jurats vary from state to state. Jurats represent roughly 18% of all notarial acts!

Oaths and Affirmations
Notaries can perform or administer Oaths or Affirmations for clients. They should record such acts in their bound and sequential journal as well. Wording for Oaths is really up to the notary, but some standardized or formal wording is recommended such as, “Do you solemnly swear that the contents of this document are true and correct to the best of your knowledge?”. Or, “Do you solemnly swear to tell the truth, the whole truth, and nothing but the truth, so help you God?”. The Oath verbiage depends on the situation and the document. However, it should be formal, and the Affiant (Oath taker) must raise their right hand definitively for this type of act. An Affirmation is the same as an Oath except for the fact that the word God is omitted from the Affirmation Verbiage.

Protests
This is an antiquated notary act where someone can protest the non-payment of a bill. I have never met a notary who has actually conducted such a notary act, but most states still include this as one of their official acts.

Acts allowed only in specific states
New York allows notaries to do Safety Box Openings as an official notary act while most other states do not. Rhode Island has something called a Marine Protest which is only an official notary act in Rhode Island. Various states allow notaries to act as a Witness as an official notary act as well. Additionally, please consult your state’s notary division for information about Apostilles and Authentications which typically involve either a local county recorder, the Secretary of State’s office, or a local embassy.

Documents that are commonly notarized.
Many notaries notarized Power of Attorney documents frequently. Notaries are advised not to draft such documents as they are legal documents. However, notaries can notarize signatures on such documents.

Affidavits of all sorts are normally notarized with a Jurat since they are to be sworn to (usually). The notary is forbidden from recommending a particular notary act over another, but they are not prohibited from stating what is “usually” done.

Wills can be notarized by a notary, however, it is generally frowned upon unless given written instructions from an Attorney!

Notaries can not notarize vital records such as Birth Certificates or Marriage Certificates.

A Notary Public can notarize Real Estate or Mortgage documents or loan documents except in certain Attorney states such as Massachusetts or Georgia where there are restrictions. Common loan documents that might be notarized could include Deeds of Trust, Signature Affidavits, Grant Deeds, Quit Claim Deeds, Occupancy Affidavits, and many more!

Where can I find a notary?
123notary has thousands of mobile notaries distributed throughout the United States that you can find on our Find a Notary page. They typically charge a travel fee and specialize in loan documents. To find a stationary notary, please consult your local yellow pages, or call pack & ship places in your area.

How can I become a notary?
Each state has a Secretary of State or Notary Division that appoints notaries. Please visit our state contact page, and contact your state’s notary division for details. Typically, you need to be 18 years old, not have a felony on your criminal record, be a citizen (some states require this), or in many states be legally residing in the United States. Most states have a Notary Public Application Form, and a Notary Public handbook for you to study from. You are normally required to pay an Application fee for becoming a notary, and there could be other fees for recording your Notary Oath of Office as well as the fee for your Stamp, Journal, and other related fees.

Is it worth it to become a notary?
It can be very rewarding to be a notary. You can make a lot of extra money in your spare time if you have a way to attract clients. You can meet new people, and learn new things. Mobile notaries who are good at what they do can make a full time living driving around doing loan signings. You can get a job more easily if the boss knows you are a notary, as that is a skill in high demand at many offices.

Tweets:
(1) A notary is a state appointed public official authorized to conduct certain types of official acts such as Jurats …
(2) A notary public can execute Acknowledgments, Jurats, Protests, Oaths, Affirmations…
(3) A quick guide to being a notary including: journals, seals, identification, witnesses, jurats, oaths & more…

I want to learn more!
Visit our GLOSSARY of notary and mortgage terms, and read more articles in our blog!

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February 15, 2013

Signing agent best practices: 63 points

Here are a few tips about best practices. Maybe none of your clients will care, or maybe they will even adamantly dislike your best practices. But, if you have any self-respect, you will engage in best practices.

LEGAL & TECHNICAL BEST PRACTICES

(1) Hand written documents.
As a notary, it is not illegal to notarize a hand written document. The issue is if there are cross-outs, or blanks. Blanks make it illegal to notarize, but cross outs are a question mark. Personally, if you care about best practices, and not ending up in court for some stupidity that the signer did, then require typed documents with no cross-outs or blanks.

(2) Don’t pick the type of notarization for your signer
That is their job. Legally, you can not choose for them.

(3) Blanks in documents
Put a line through the blanks or refuse the notarize. (that was quick)

(4) Cross-outs
I would avoid notarizing anything with a cross-out. If you can do a cross out, you don’t know if it was there before the notarization or not. If there is one before, what prevents there from being more after. You can forge an initial without being detected, so cross outs are an indication that you need a redraw.

(5) Affixing your seal over wording
This is illegal in many states. The notary seal should be placed in an area of the paper where there is no wording, and do not sign or write over the stamp impression or you void it. If there is no space, then attach a loose notary certificate and make sure you document all pertinent facts on it.

(6) Loose certificates
NEVER send a loose certificate in the mail or hand it to a client. Always attach the loose certificate to the document, preferably before affixing your notary seal. Always document the name of the document, document date (if any), number of pages in the document, document description on the certificate in addition to filling in the standardized state wording, signing and sealing the form.

(7) Journals
Keep thumbprints in your journal. If your state doesn’t require journals, write them a letter about how poor their standards are and then go and buy a journal from the NNA. Also, there is a section called, “additional notes” in your journal (hopefully). Please use this to write down anything unusual about the signer during the signing, or anything unusual about the circumstances. Write it so thoroughly, that when you are in court five years later about that signing which could have involved fraud on the part of the signer, that you will have your evidence handy! Impressive!

(8) Oaths
If you do sworn Oaths, make sure to have the affiant (know this term) raise their right hand. Make sure to study up on formal Oath wording. Oaths are serious, and you are a state appointed official, so keep it official, okay?

(9) Embossers
If you don’t have a 2nd notary seal, get one. Embossers create a RAISED inkless impression. Use it as your secondary seal, and you can affix it to all pages of all documents you notarize for security. There are many frauds out there who do page swapping after the fact. To avoid page swapping (which could lend you in court for something they did after the fact) use an embosser. That way when you get a phone call 2 months later to notarize that separate page they are adding, tell them that you have to do the whole thing all over again. Sorry Charlie, that is a best practice!

(10) Learn the correct verbiage for power of attorney signings
But, there are four accepted verbiage variations. My favorite is Joe Doe, as attorney in fact for Mary Doe. Always call the lender to find out what type of verbiage they want at a signing. Remember, it is their loan, and just as long as you are not breaking the law — do it their way!

(11) Overseas documents
People overseas have bizarre standards. Some require the stamp to be on the document itself no matter what, but they didn’t put the verbiage in for your state. There is nothing LESS legal about attaching an acknowledgment form, but it is not about the law at this point. It is about whether or not THEY like it! So, find a legal way to handle their overseas the way they like. Once I manually wrote in the California Acknowledgment verbiage by hand and then sealed it. It was legal. Not exactly a best practice, but if they won’t accept best practices, then settle for “best practices under the circumstances”. Chinese are a tough crowd — you will find out!

(12) Initialing
Many Title companies don’t like suffixes such as Junior, or IV at the ends of names. But, if you are Louis Remy Martin IV, then the IV is part of your name, the 4th part of your name to be precise. Ronald R Rubin initials RRR. Get the initials to be correct and thorough. And if a lender doesn’t like it, should you break a best practice for their happiness? I don’t know of any laws about initialing, but making an initial of each part of the name is only logical, right?

(13) Signing for confused elderly people
If you sign for a person in a hospital, or someone who is just elderly. Make sure you have whomever calls you READ the identification over the phone to you including the expiration date. Have them read the name on the document too. Elderly people can never find their ID’s, and if they assure you that they have it, don’t believe it, they are lying. Trust me. I know! I am experienced and you are not! Otherwise you would be writing this blog. Do not notarize an elderly person if they can not move their arm on their own. Do not let their daughter drag their arm across a page that they are signing. You can use the daughter’s arm as a brace, but not a movement device. If the elderly person can not paraphrase what the document says, DO NOT NOTARIZE. And, by the way, the night daughter might be a con-artist who is pretending to help the elderly woman, only to be trying to cheat the old lady out of her money. Notaries beware!

(14) When in doubt, call your state notary division
Sometimes the handbook is just not enough. It doesn’t include all situations, and it is not written in English either. Legalese is not my mother tongue, what about you? Call them and bug them. Do it right or not at all. The NNA offers a good notary law hotline too, but get your information from the SOURCE and call your state notary division as your first choice!

(15) Safeguarding your seal and journal
Keeping it under lock & key is the rule of many states. A locking bag, a locking file cabinet. Keeping it in your car, etc. But, honestly, property DOES get stolen, and you need to protect yourself the best way. If your goodies are in your car, keep in in a place where it won’t get taken in a break-in. Keep it under the seat, or behind some large container in the trunk. I kept it in my trunk, but where the robbers could see it. Everything was in a little bag, and they probably thought it was a lap top and valuable. They were in a rush and didn’t inspect it before they took it. If it is at home, keep it in a locked file cabinet instead of hanging around in your locked bag. Go above and beyond the law for best practices. Keep your seal in a place where it is least likely to be “robbable”.

(16) Be an expert at your state notary laws.
Look them up in your state notary handbook. Keep this book with you. It is your bible when you are at work.

(17) Be an expert at credible witness procedure, and signing by X procedure in your state.

(18) Be an expert at all notary and signing related knowledge.
Don’t half know it or kind of know it. Be an expert, and it will show. You will be higher on people’s list if you are.

(19) Keep four phone numbers with you at signings.
In jail you get one phone call. But, as a notary you get many, and should have three phone numbers. The number of the signing company, the lender, the borrower, and the lenders’s wife. Just kidding about the last one. You need to call the lender half the time at a signing because they are such a careless bunch, that they will not have thoroughly prepped the borrower for the signing, plus there might be unexpected surprises on the documents as well. Be prepared!

(20) Using your seal on a blank piece of paper.
ILLEGAL. However, if you go to a jail, they require this for security. So, affix your seal, and then cross it out and write the words void. It is no longer illegal. It is the BEST way to clean up a WORST practice that the jail makes you do. I joked with them and told them that I thought it was funny that I was being forced to break the law by a guard at a jail. What is the world coming to?

(21) Check the signature on the identification
Does the signature on the identification match the one on the document? Did you check? Start checking.

(22) Bad identification?
Is the identification peeling? Is the signature above the lamination? Does it look like a fake identification document? Do you even have a reference guide to know if it is fake? It is your business to know. Get the NNA book on identification and drivers licenses. Also, take thumbprints. Standards for identification should be a government issued photo ID with a physical description, serial number, signature, and expiration date. Nothing else will do. Whether or not the government issuing the document need to be in the USA or not depends on what your state laws are!

(23) Thumbprints
Take thumbprints for all Deeds, recorded documents, power of attorney — as a minimum. Do this regardless of what your state requires. It could keep you out of court, and time is money. Get an inkless thumbprint pad from the NNA. Get this today. You should not be without it for one nanosecond. They can fake an ID, and fake a signature, but you can not fake a thumbprint.

(24) Don’t notarize for people who ask you to break the rules or who look suspicious.
Are you notarizing a kidnapper, or is the signer under duress? Stay away! It is not worth the money and you could get involved in a nightmare that just doesn’t end. What if someone asks you to notarize them under a different name variation than is what their identification says, and you tell them it is not legal. What if they say, “Oh, come on!!!”. What if they threaten to not pay your travel fee if you don’t? First of all your travel fee should be paid in cash at the door, or just leave. Avoid this type of people. They will make your life twisted.

(25) Don’t backdate
Signing companies will put you under pressure to do this if a borrower will lose their lock. Just say no. Tell them that their lock is their business and that your business is obeying the laws of your state which say, “No backdating“. Tell them that the security of your commission is not worth their convenience. Just leave. Don’t deal with these frauds.

(26) Don’t use white out
White out is a worst practice and will get you fired. Cross outs are a bad practice as well.

(27) Name changes the kosher way
A processor I used to work with instructed me not to cross anything out. Just have the borrower initial under the last several letters of their last name and then sign the way the new name will be typed in the document. After the fact, the processor can type in the new name. The cross-out simply doesn’t help. They just need the initial. The processor can cross it out in a way that they think is professional.

(28) Don’t explain the specifics of the loan or when the loan will fund
Just explain the basic definitions of loan terms such as APR, or rate if your state allows that. Specific information particular to their loan is for their lender to discuss with them. You can get in trouble if you make any explanations or commentary about information specific about their loan. On the other hand, you should be an expert at looking up specific pieces of information. APR is on the TIL and perhaps the Settlement Statement, so tell them that and show them where it is. The interpretation of what the information on the Settlement Statement is up to them and their lender, not you!

(29) Don’t notarize for someone who you can not communicate directly with
Some states allow the use of interpreters. I say you should not as a best practice. The interpreter could be lousy, and misinterpret something that you said. You are leaving yourself open to communication gaps. If you speak a little Spanish and can get by, and the signer understands you and vice versa, that works. Don’t create opportunities for communication gaps. I have traveled to enough foreign countries to know that people in different cultures communicate differently, they say yes when they mean no, they lie, they misrepresent, they save face, and fail to explain things thoroughly (especially asians who do the quickie explanations that leave out 95% of the meaning). I am not knocking foreigners — I just don’t believe half of what they say — and I don’t believe half of what Americans say either since Americans are a bunch of liars too! Speak directly to your signers! Learn oath verbiage in Spanish, or whatever your rusty foreign language is. Learn how to ask if you understand the document.

(30) Have a registered business name
We have notaries on the site who change their business name on our site every month. Each month it is the name of the month. This is illegal. If you have a registered business name that is registered with your county, then that is your business name, and you should have a bank account that takes checks paid to that name.

(31) Don’t draft documents
Unless you are an attorney, or authorized to draft documents, don’t get involved. You can get into bad trouble.

(32) Don’t give legal advice
If you are not an attorney, do not give legal advice. Interpreting laws, or suggesting that a person take a particular legal action might be construed as legal advice or the unauthorized practice of law.

(33) Consult an attorney before doing modifications
Although modifications could be legal in some states under some circumstances, they are often done in an illegal way, and YOU are not knowledgeable to know the difference, or to know what you can or can not do. Consult an attorney or stay away!

PRACTICAL BEST PRACTICES

(34) If you don’t get paid on time, contact the Title company.
They might fire or discipline the signing company in that case.

(35) Charging travel fee in cash upon arrival
It is ILLEGAL for a notary to have beneficial interest in the signing. However, many clients including Title companies will simply not pay the notary if the documents or loan packages don’t get signed, notarized, and funded properly. Unfortunately, that is illegal to put the notary in the position where they will only get paid if they notarize. It is actually a MISDEMEANOR in many states to ask the notary to do something illegal which could include having beneficial interest. If you don’t get your cash up front BEFORE you see the signers, documents or identification, you will be sorry. Get your cash, and THEN see the document. If it is incomplete, that is their problem. No identification, or the names don’t match? Their problem. Signer is in a coma and can not talk — their problem. Some situations will merit waiting time, and you will have no way to enforce your WAITING FEE if you don’t have your travel fee. You will not be in a bargaining situation as they will have the upper hand. If you have your $40 cash travel fee, you can say that you want waiting time when the clock strikes 20 minutes otherwise you are leaving. You have the power that way, and you DON’T have beneficial interest anymore (learn to define this term to be professional).

(36) Contracts with signing companies
Have your own contract that you make companies sign to get a better price with you. Make sure you indicate that if there is any ISSUE with the signing such as a last minute cancellation, no-sign, redraw, or anything unusual, that you get paid quickly. These are exactly the types of situations whre notaries typically get stiffed. So make them pay you faster in these situations so you don’t get stiffed. Even if you charge them a discounted fee. Make them pay within 10 days for these types of signings or charge them a penalty. No contract on your terms, then no discounts for you! Take the upper hand. You are a business person!

(37) Background check all companies who want to hire you
Check them on NR and the 123notary forum — OR ELSE… You will live to regret it if you don’t.

(38) Don’t put the Fedex in the drop box
Fedex is a great company, but they do hire human beings which is their downfall. Not recommended. If a driver changes routes, the new driver might goof (once in a long while) and that drop box in a remote area might not get picked up on time — or at all. Drop your Fedex at a staffed location. The deadlines are later, and it will be in the right hands 100%. Be safe.

(39) Printing on the road
This is a business best practice. If you can print on the road, you will be on time to more appointments, and can print last minute documents in a flash. You will be popular with lenders, plus gain people’s respect for being a prepared trooper. It is very expensive to have a comprehensive mobile office, so be ready to pay through the nose.

(40) Don’t go to houses that smell bad
You can end up in a hospital with a serious bacterial infection. If it is really filthy or smelly, tell them you will do the signing at Starbucks and that you have to leave at 5pm. Risking your lungs is not a best practice.

COMMUNICATION & ETIQUETTE BEST PRACTICES

(41) Don’t talk about the wrong things at signings
Don’t talk about politics or religion. Stick to the weather and traffic, but not in the context of complaining!

(42) Call back etiquette
Announce who you are when you call back. Don’t demand to know who they are until you are politely introduced yourself and explained that you received a missed call from that number. Also, don’t call people back only to tell them that you can’t talk. That is plain stupid and is a worst practice.

(43) Announce who you are when you answer the phone
Do you say, “This is Linda”, when you answer the phone? Or do you say, “Hullo?”. Be professional.

(44) When you confirm the signing, make sure all signers are there
If you do a signing where the wife is not on the loan, she might be on a few of the documents such as the Deed of Trust, Right to Cancel, and one or two others depending on what state you are in and who the lender is. Make sure you know where the wife will be during the signing, otherwise it might be a short signing. Remember, that you don’t know what is on the documents until you get the e-documents which is within minutes of the signing. Plan ahead and confirm the signing.

(45) Make sure your answering machine states your name!
Don’t make people guess if they dialed the correct number.

(46) Don’t ramble, make long pauses, or give opinions
Nobody wants to hear your life story, especially not me or my staff. Nobody wants long answers to quick questions. Nobody likes it when you ask them a question and you pause for 45 seconds to think. Don’t criticize others or give opinions either. Your job is to be a notary. Notaries don’t have opinions — or at least shouldn’t.

(47) Leave enough time between appointments
There is no point being late because you were delayed at your last appointment

(48) Determine how long your signing session will be.
Charge based on time. When you go to a massage therapist, you pay for a 60 minute session. If you go over 60 minutes, the next victim is waiting and they have to stop. Notary signings should be no different. Agree ahead of time how much time they want, and make them commit to that, or don’t work with them. If they want 90 minutes or 120 minutes, that is fine. Have them agree to that up front, and pay accordingly. Your job is not to be delayed endlessly. After all, your next appointment has the right to see your face showing up on time, right?

(49) Don’t have noise in the background when you talk on the phone
If someone calls you and there is noise. Apologize for the noise, and then walk to a quieter location. Don’t let the background noise continue otherwise you are unprofessional in my book.

(50) Don’t park in the driveway.
Your job is not to notarize, don’t put the Fedex in the drop box, and don’t park in the driveway. These are my three golden rules for notaries. Notarize only if it is legal to do so. Bring Fedexes to staffed locations, and park on the street unless there is a good reason why you should call the borrowers and ask if you can park on their driveway.

(51) Know your hours of operation
Never say that you are flexible. Tell people when you are available. I am available from 11am to 2am seven days a week unless I am already engaged, on vacation, or dead. That is a quick and professional answer. Don’t say that it depends. Don’t say that you sign anytime. People who say anytime have such restrictive schedules that they won’t sign any time other than 9-6. Flexible means 9-5:30. These terms mean absolutely nothing. Act like a professional and give people hard numbers when they ask a question — and don’t keep them waiting.

(52) Use your notes section to describe your service thoroughly
Don’t use empty adjectives like thorough and professional. Describe what YOU are like at a signing which is unique to you, so people can get to know you through your notes rather than reading something that looks like you copied it from 3000 other boring notaries who use exactly the same adjectives in exactly the same order. Talk about how fast your laser printer is. Talk about your exact counties or cities that you cover. Give people real information in your notes section, not some empty sounding sales literature that tells them nothing.

MARKETING BEST PRACTICES

(53) Get certified by ALL listing agencies who you advertise with.
If you advertise with ten companies, do all of the certifications. You look like an idiot if you can’t even be a professional at your profession!

(54) Having reviews on your profile from esteemed Title Companies looks great.
It is not a crime to have reviews from “nobodies”, but it is a best practice to have the people who review you be as reputable as possible. Their reputation is your reputation when they write a review about you.

(55) E&O insurance looks professional
E&O insurance looks professional, but is it? It makes it attractive for a company to hire you. E&O doesn’t protect you that much though. You can still get sued if the lender makes a mistake and the borrowers sue all parties involved. This happened before. You will not be covered. It actually encourages lenders to make claims rather than reducing your liability! E&O insurance makes you look good, so get some! But, is it a best practice? Being covered is better than being not covered, so I will call it a “better than nothing practice”. Or, I can call it something that looks like a best practice to the uninformed.

(56) Background screening
If your state doesn’t screen notaries as well as California does with the FBI, DOJ and KGB, then there might be some merit in a background screening.

(57) Advertise on all major directories
Have a well filled out profile, amazing notes, and reviews if possible.

(58) Call all local title companies
Call them up and announce yourself. Call them every month to remind them that you are good, and that you want to work.

(59) Get on the list of all nationwide signing companies.
Fill out the paperwork each signing company requires ahead of time. Make it a best practice to be on as many company’s lists as possible.

(60) Read notary blogs
The more you know, the more impressive and knowledgeable you will be. Know as much as possible to be the best that you can be. 123notary has an interesting Facebook, Linked in and Twitter profile as well. The more you read, the more you know!

(61) Don’t lie about your number of signings
Keep a count. Look them up in your journal. When someone asks you how many signings you have done, don’t ramble about how many years you have been in business. Nobody wants to hear that. Tell them how many you did. 1012 signings, plus there will be another one tonight! Don’t tell them you did two yesterday and three the day before. Nobody has patience to hear you count. Don’t think — KNOW!

(62) Guarantee your work
If you goof, go back and do it again for free. Make this a policy.

(63) Send complete bills regularly.
You need to know exactly what information goes on the invoices you send out. Name of borrower, loan number, address, date of signing, name of lender, etc. Bill regularly and keep good records, including the CHECK # of incoming checks. Otherwise you won’t get paid.

Tweets:
(1) Is it legal to notarize a hand-written document? What if there are cross outs?
(2) Blanks in documents? Put a line through it buddy!
(3) It is illegal to use your seal on a blank piece of paper. Yet jails usually require this! (cross it out)
(4) Notary topics: Hand-written docs, Blanks in docs, seal over wording, loose certificates, overseas docs.
(5) Don’t go to houses that smell bad #mobilenotary
(6) Notary contracts, fees at the door, background screening signing co’s, call Title if not paid on time.

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You might also like:

Notary Public 101 – a free notary course
http://blog.123notary.com/?p=19493

The 30 Point Courses – a free loan signing course
http://blog.123notary.com/?p=14233

Notary Marketing 102 – a free marketing course for Notaries
http://blog.123notary.com/?p=19774

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January 5, 2012

Can a notary sign an out of state Quit Claim Deed?

Can a notary sign an out of state Quit Claim Deed? 

One of the search terms we found in our blog stats was as follows:
Can a NY notary sign a Florida Quit Claim Deed?
 
Any notary in the United States can notarize a signature on a Quit Claim Deed from any state.  However, there is a catch!  Quit Claim Deeds have always used Acknowledgment verbiage / Acknowledgment wording in my experience.  Acknowledgment verbiage might differ from state to state.  So, the important point to remember is that the notary wording or notary verbiage should match the state where the document is going to be RECORDED.  If the document will be recorded in Florida, please make sure to use Florida notary verbiage.  If the document is going to be recorded in Texas, then use Texas notary verbiage. 
 
Another small point is that notary verbiage sometimes gets changed over time, so you need to make sure you are using 2011 or 2012 notary verbiage for the state where the document is to be recorded.  County recorders are the office that typically records deeds of various kinds.  They can sometimes be very picky.  Make sure your notary seals are very clear and not smudgy if you are submitting notarized documents to the county recorder!
 
Summary:
(1) Notary verbiage must match the state where the document is going to be recorded
(2) Any notary in the United States can notarize a Quit Claim Deed, Grant Deed, Warranty Deed, or any type of Deed for any state

You might also like:

Quit Claim Deed
http://blog.123notary.com/?p=18905

Good Deed Bad Deed — Ken’s guide to every type of Deed
http://blog.123notary.com/?p=16285

Can a Georgia notary notarize a Florida property document?
http://blog.123notary.com/?p=1912

How do you get a Power of Attorney document?
http://blog.123notary.com/?p=20785

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

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November 11, 2020

Oaths — how Notaries completely screw them up!

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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August 5, 2019

Notary High School (80’s Style)

Filed under: Humorous Posts — admin @ 8:56 am

Back in the day, they used to teach notary classes in high school just in case some of the students would one day become Notaries. They taught it in the same room they taught typing incidentally which is interesting as both types of work are clerical in nature.

TEACHER: Now class, please turn to page forty. The duties of the Notary Public are to Acknowledge signatures, take Oaths, execute Jurats, and my psychic says that in the future there will be this thing called an Affirmation.

SAM (a 15 y/o student): Hey teacher, you’re a lot hotter than the last teacher we had. Taking your class is going to be a dream come true.

TEACHER: Thank you Sam for your vote of confidence. I truly am glad to know that I indeed am hot, at least in your eyes, and thank you for making your astute observation using correct grammar.

SAM: No problem teach! Any time!

TEACHER: Oh, let’s see. There appears to be a love note on my desk. Well, thank God this class isn’t like the last class. My students hated me.

BRUCE: You’re not going to have that problem here, baby… I mean… teach!

TEACHER: That’s Mrs. Bates to you, but once again, I appreciate your vote of confidence. Let’s see what the letter says. “My love for you has no bounds, I feel like howling like the hounds, my feelings towards you I wish not to belittle or smalledge, but to thee, my love, I sincerely wish to Acknowledge.” Wow! This is not poorly written at all. I would like to instill upon you the notion that I am married, and although your feelings are appreciated, they unfortunately cannot go anywhere.

SAM: Hey, may the better man win. Your husband must have something we don’t have.

TEACHER: Yes, its something called a job… and also maturity, but that’s a completely different matter. Now, moving right along. An Acknowledgment is a notary act where the signer acknowledges having signed a document. They make this formal declaration in the physical presence of the Notary.

CHRIS: Let’s get physical… physical. Is it kind of like that song. You know the Olivia Newton song?

TEACHER: Very much so, but with no dancing. Any questions?

SAM: Yeah… Do you like younger guys?

TEACHER: I like younger people just fine. However, I cannot entertain the idea of the type of relationship you are most likely thinking about.

BRUCE: Do you attest to that? And also… What are you doing after class?

TEACHER: Grading papers. How romantic. See you tomorrow.

(The next day)

TEACHER: Hello class. Many teachers might be cross with you or stern after getting an inappropriate love note.

SAM: What was inappropriate about it? I thought it was well written and didn’t contain any bad words. That’s as appropriate as we get over in this school.

TEACHER: Yes, I see what you mean. But, you see that it is not appropriate to make romantic suggestions to your teacher. It violates teacher-student ethics.

BRUCE: What are ethics? Do Guns and Roses use ethics.

TEACHER: Well, you see, some people think it is morally wrong for teachers and students to have romantic interludes, but if it weren’t wrong, I assure you, that some of you handsome young people here, might be in business. Oh my God, I can’t believe I said that. Father, forgive me. But, my husband found out about the note and guess how he feels?

CHRIS: Uh oh, do I need to change my name and move to a different town and assume a new identity so I don’t get killed or mamed?

TEACHER: Actually, he feels flattered, and he feels more sexy than I have ever seen him feel in his life. He is all excited that his wife is a hot chick that is in demand.

SAM: Woah, I’m glad we could make your family feel all good Ms. Bates. I totally dig that. But, what I want to know now is, “Where do we go, where do we go now, where do we go… sweet child of mine….”

TEACHER: Let me guess, these are lyrics to that new group Titanium… Oh, maybe they are called Platinum. Do they wear really tight pants, look like women from an asylum and scream when they sing?

BRUCE: No, you must be thinking of Motley Crew. This group is called Guns & Roses. The ironic thing is that they don’t own any guns. But, the lead guitar guy wears this really cool hats from the 1800’s which I totally respect because if there is one subject that I like more than biology, it’s history.

TEACHER: I’m glad to know you are learning something Bruce. Anyway, a Jurat is a notarization where you swear to the truthfulness of a document and sign it in the presence of a Notary.

SAM: Is that also a physical presence? Because I noticed that your verbiage was adulterated oh so slightly.

BRUCE: I like your choice of semantics there — adulterated. Someone might feel adulterated really soon because they are in some particular person’s physical presence.

TEACHER: I understand what you mean Bruce, but it doesn’t mean exactly that. You have to be more than in a physical presence to commit adultry.

CHRIS: Can children commit adultery, or only adults?

SAM: Yeah, wouldn’t it be childery if we committed it?

BRUCE: Hey wait a second, if a child committed adultery with an adult, wouldn’t that be childery as well as adultery, or would that depend on which party in the transaction you were a part of.

TEACHER: Children, this is a very interesting discussion. There is no such thing as childery, and for your information, adultery involves inappropriate sexual behavior between a married person and someone else who is not part of that holy union.

SAM: Holy union… I mean holy cow… By jove, I think I’ve got it now.

CHRIS: Well in any case compadres, we made teach’s husband feel like a complete stud. I say our mission was a success and we can all go home now… providing that we finished our written assignment writing a paragraph about each notary act.

TEACHER: I couldn’t have said it better myself. Glad we could learn about notary work as well as adultery all in one short class, not to mention making my husband feel better than he has felt in over a decade. But, I have to go soon as well.

SAM: Why, are you going to grade more papers?

TEACHER: No, I have an appointment at Victoria’s Secret. I haven’t been there in 15 years, but now there seems to be a reason to go — thanks to certain young people with inquisitive minds, and when I say inquisitive, you know what I mean!

BRUCE: Right, like in the Spanish inquisition — they were the most inquisitive people I ever read about in history.

TEACHER: That means something completely different. But, have a wonderful day boys! Ta ta!

You might also like:

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Notarize you like a hurricane
http://blog.123notary.com/?p=22168

Notary Happy Days goes to China
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July 27, 2019

Texas suspends notary who handle Stormy’s hush money

Filed under: Notary Mistakes — admin @ 2:11 am

Stormy Daniels signed a document regarding being paid $130,000 in hush money before the 2016 election. A Texas Notary named Erica Jackson notarized that non-disclosure agreement document concerning the money. But, the State of Texas terminated her Notary commission as a result. The Notary claims she did nothing wrong, yet got canned anyway?

However, the plot thickens. After I watched a video about what had happened, there was a stamp on the signature page, but no notarial certificate verbiage and no notary signature. The notary claimed that the Acknowledgment page which was the third page (that was no longer attached) that stated who was being notarized, etc., was omitted.

Additionally, there was an accusation that the Notary notarized without a signature of the Notary, but the Notary claims that she signed on other pages which were attached.

There was also journal record for the corresponding document, and the journal seemed to have been filled out correctly.

Jeremy’s Comments
If you are a Notary Public, it is quite likely that you could end up on the 6pm national news. So please take your job a little more seriously and get rid of this “I already know it all” attitude, as it is that attitude which prevents you from learning.

This Notary did several things wrong.
1. She stamped the signature page with her Notary seal but omitted Acknowledgment and/or Jurat certificate verbiage. She also omitted a Notary signature to accompany her notary seal which is illegal and she should be terminated if that was the case. It is hard to see what actually happened when you have an inconclusive video.

2. She attached a certificate that was to constitute page three, but that page three ended up missing. Your stamp can not be on page two when the certificate wording is on page three. Those legally have to be on the same page. If the stamp had been on page three where it was supposed to be, she wouldn’t be in a world of trouble.

3. I originally thought (because I prejudged the situation) that the Notary was in trouble because of her association with some dirty business. That was how her improper notarization was discovered, but not why she got in trouble. Interesting in any case.

You might also like:

Stormy Daniels accuses Notary of having intercourse with her
http://blog.123notary.com/?p=20485

Penalties for Notary misconduct and fraud
http://blog.123notary.com/?p=21315

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December 30, 2018

When are you required by law to do Oaths?

As we all know, state notary laws differ from state to state. Since I live in California, it is difficult for me to know what all the Notary laws are in other states. Sometimes I create a chart as a cheat sheet to know which states require certain things and which ones don’t. However, every state I have read about (I read handbooks for all states so you will have a problem fooling me — they are all online except for NC if I remember correctly) requires Oaths and has Oaths in the handbook as an official duty of a Notary Public. So, I am going to write some quiz pointers about Oaths below.

1. Oaths are an official Notary act in all states.
If I am wrong, show me your state notary handbook and show me the omission of Oaths.

2. Affirmations are an official Notary act in almost all states…
Or perhaps, now they are in all states. Not sure…

3. If you see the words — SUBSCRIBED AND SWORN (or affirmed) TO BEFORE ME BY…
This is Oath documentation verbiage. It is NOT the Oath itself, but the documentation that you administered an Oath or perhaps Affirmation. If you sign a form stating the above verbiage and do not administer an Oath, you have just committed fraud on a Notarial certificate which is a crime. I am not sure what type of crime it is, but it might be fraud, or even perjury which is a Federal crime punishable by up to five years in jail per infraction. Gulp. Please consult an Attorney to see what type of crime he/she thinks it is as my opinion is a layperson opinion and not legal advice.

4. My state doesn’t require Oaths.
I hear this every day. Your state DOES require Oaths, however your state doesn’t require you to read the handbook that says you have Oaths as an official duty. Moreover, your state doesn’t explain how to administer an Oath or WHEN to administer an Oath. I can blame your state, but this is also your fault if you go through life engaging in criminal negligence because you did not bother to learn when and how to administer Oaths.

5. We don’t do Oaths in my state.
Some people claim that Oaths might be an official Notary act in their state, but that it is never done. This is also not true. Carmen (who does sales for 123notary) does loan signings for out of state documents all the time and every single package has at least one Oath that is part of a JURAT.

6. If you see the word AFFIDAVIT in the title of a document.
The word Affidavit customarily means that the document is to be sworn to before a state official commissioned with the capacity to administer Oaths such as a Judge, Notary Public, Justice of the Peace, etc. If you see the word Affidavit, it is possible, although unlikely that you will execute an Acknowledged signature on that form. 99% or more of the time you will execute a Jurat, and Jurats by definition require the signer to sign (subscribe) in front of you and swear under Oath as to the truthfulness of the document.

7. Are you swearing to the identity of the signer, the signature or the truthfulness of the document.
Many Notaries administer Oaths to me over the phone on quizzes and make me repeat my name several times. However, the Oath for a document is regarding whether or not the document is true or not, and NOT to my identity. However, if the document makes me specifically swear to my name or name variations then I would have to swear to my identity. Additionally, an Oath on a document does not require the Affiant (signer) to swear to whether or not they signed it or whether or not they signed it on their own free will unless their state specifically requires it or unless the cheat sheet for the Oath requires it. As a general rule, an Oath on a document must be regarding the truthfulness of the document as the primary focus. Any other considerations are secondary or perhaps not necessary or perhaps should be left out.

8. Why Oath cheat sheets are dangerous
If you do not know the legal requirements of an Oath on a document in your state, you might not administer a passable Oath if you read off the cheat sheet. In my opinion which is based on logic, but not on law, an Oath on a document must be about the truthfulness of the document. If your cheat sheet for an Oath says, “Do you solemnly swear you signed this document.” — that would lead to an incomplete notarization because you never swore to the truthfulness of the document.

9. I don’t do Oaths, I only do Refinances.
Newsflash — Every refinance I have ever seen has at least one Oath. If there is an Affidavit such as a signature affidavit, identity affidavit, or occupancy affidavit, customarily there will be an Oath. If you do Refinances, you are required to do Oaths as part of fulfilling the statements on the Jurat certificate(s).

10. Oaths on oral statements or without Jurats
You might be asked to give an Oath on an oral statement. There might not be any paperwork involved other than your journal. You need to read up on how to do this. You might also be asked to give an Oath on a document that does not have a Jurat. You would have to ad-lib to come up with verbiage so practice on random documents to get the feel of it.

11. Remote court attendance.
Florida state allows certain witnesses to appear in court by phone. A Notary must swear them in from their remote location. This type of Oath requires the Notary to look at their ID, read it to the judge and do the TV court Oath of how you swear to tell the truth, whole truth and nothing but the truth, so help you God.

12. Penalties for wrong or omitted Oaths.
Notaries rarely get in trouble for omitting a required Oath or refusing to administer an Oath. But, there are times when they do. Here are the things that could happen to you. Why take chances? It is like leaving your door unlocked.

(a.) REVOKED COMMISSION — Your commission could be revoked. I heard of several Notaries in Oklahoma who did not administer Oaths on loan documents.

(b.) OVERTURNED LOANS — The loan that had documents with required Oaths could be overturned by a Judge if they find out that the Notary did not administer an Oath.

(c.) GETTING SUED — The Notary could get sued by the Lender because there will be serious financial damages for the Lender because the Notary omitted a legally required Oath. Damages might be $20,000 or more if you get caught. People don’t get caught often — but when they do…

(d.) FINES — Certain states fine Notaries for misconduct and omissions. Failing to administer a required Oath in California used to have a $750 fine per incident. Now, it might be $1500. I am not sure of the exact fine, but it should be in that neighborhood.

(e.) JAIL — I have heard, and this may or may not be true, that making a false statement about an Oath on a certificate is perjury. The penalty for perjury is a jail sentence of up to five years per incident. So, you could end up in jail if the Feds or your state start checking up on Notaries to see if they are administering Oaths. They are not checking up now, but they could start any time.

(f.) LOSE LISTING — 123notary sometimes removes people for disciplinary reasons. If we find out that you do not obey Notary laws, we normally steer you to some educational materials. But, if you have a complete disregard for law, order, and common decency, you could lose your listing. We normally as a handful of Notary questions and will accept a very low average since most Notaries do not know their stuff. However, if you score under 50% on our quiz whether oral or written, you will most likely be in trouble with us. Although we are not commissioned to enforce laws, I do enforce who I list and that is my right and authority as owner of this site.

SUMMARY
Although Notaries only get in trouble for not administering an Oath once in a blue moon, it is illegal not to fulfill your duties as a Notary Public, and it only takes minutes to read up on when and how to administer Oaths. There is no reason for this type of blatant negligence and criminal behavior. So, please become an expert at administering Oaths. Your first step should be to read your state handbook and see what they say about Oaths. They probably do not do a complete job of teaching it which is part of the problem. The NNA and 123notary have materials as well, and you could consult an Attorney. Although Oath procedure is not taught properly by the states (not even California) you are still legally required to give Oaths and give logical and correct sounding Oaths.

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You might also like:

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

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

Oaths – How Notaries completely screw them up!
http://blog.123notary.com/?p=19369

Oaths and the art if improvisation
http://blog.123notary.com/?p=19367

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

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December 6, 2018

Jurat – Definition

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
http://blog.123notary.com/?p=7875

What is a Jurat?
http://blog.123notary.com/?p=6937

Notary verbiage for Jurats
http://blog.123notary.com/?p=2088

Notary Public Information
http://blog.123notary.com/?p=20075

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