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December 13, 2018

What are some typical types of affidavits?

Filed under: Affidavits — admin @ 9:42 am

There are various types of affidavits out there. As a former Notary Public, I encountered certain types of affidavits on a regular basis. Here are some of the ones I saw.

Signature Affidavit and AKA Statement
This one shows up in loan packages on a regular basis as signers sometimes have variations in their signature or names.

Occupancy Affidavit and Financial Status
This document typically makes the signer swear that they will move into or reside in a particular property and that they have not incurred any sudden changes to their finances.

Name Affidavit
An Affidavit where you swear to your name.

Identity Affidavit
An Affidavit where you swear to your identity.

Affidavit of Citizenship
An Affidavit where you swear to be a citizen of the USA or a particular other country.

Affidavit of Support
An Affidavit where you swear you will support a particular person who wishes to enter the United States.

Affidavit of Small Estate
Used when a family members dies without a will and property matters need to be dealt with.

Affidavit of Heirship
When a family member dies, the assets must be allocated to the right individuals.

Affidavit of Residence
This document requires the signer to swear to where they live.

Affidavit of Name Changed
Used if you have changed your name.

Affidavit of Death
I’m tempted to say this document makes you swear that you authentically died, but that doesn’t make any sense. It is used to notify financial, legal or other institutions that a person has died.

Identity theft Affidavit
If a person’s identity has been compromised, this document could be filled out and sent to credit bureaus, etc.

Affidavit of Service
Requires an individual swear to the fact that they delivered documents to another individual

Affidavit of Consent
Requires an individual to swear to the fact that they consent to a particular action or activity, etc.

Affidavit of Domicile
Similar to an affidavit of residence.

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You might also like:

Affidavits – what do you need to know?
http://blog.123notary.com/?p=6685

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

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November 11, 2013

Affidavits — What do you need to know?

BLOG: Affidavits

What is an Affidavit?
An Affidavit is generally a document that has an accompanying Sworn Oath. The person who swears under Oath is the Affiant or Deponent. The person giving the Oath could be a Notary Public, Justice of the Peace, Court Recorder, Commissioner of Oaths, Judge, or other type of official who has the authorization and capacity to give Sworn Oaths.

What types of Affidavits are there?
There are many types of Affidavits. Many are for business. There are various types of Affidavits used in loan signings such as Signature Affidavits, and Occupancy Affidavits. A Financial Status Affidavit is also common in loan signings. For people who want to be able to come to the United States, sometimes it is necessary for a relative or loved one to sign an Affidavit of Support. Many people who lost their passports and can’t find their Birth Certificates sign and swear to an Affidavit of Citizenship.

There are many other types of Affidavits as well!
Jurats commonly have an attestation clause at the end certifying the fact that the affiant made an Oath and the date and signatures.

Other common types of Affidavits:
Affidavit of Heirship, Affidavit of Residence, Affidavit of Name Change, Affidavit of Service, Financial Affidavit, Affidavfit of Domicile, Affidavit of Death, ID Theft Affidavit.

What types of wording can you use in an Affidavit?
You can word an Affidavit any way you like, but if it is to be used as a legal document, please consult an Attorney. Additionally, please do not ask a notary public to draft documents, because many states have restrictions as to what a notary public is allowed to do, especially if it borders on what Attorneys typically do.

How do I get an Affidavit notarized?
Please find a notary on 123notary.com! We have 7000 mobile notaries throughout the nation waiting to help you. Just visit our find a notary page in the navigation bar above!

You might also like:

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

Notarizing a Name Affidavit
http://blog.123notary.com/?p=4711

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March 1, 2012

Sample Affidavits & Sample Oaths

Notaries have to perform Oaths as part of their job.  But, many have no idea how to do this. If you are notarizing an Affidavit, you generally use a Jurat form, and you need an accompanying Oath. It is an infraction of notary law to omit the Oath, so don’t forget!
 
How do you word an Oath? 

Let’s say, that you have an Affidavit about some business arrangement in front of you.  You watch the signer sign the document in front of you as is required.  Then, it is Oath time… 
 
Oaths generally begin with:
“Please raise your right hand!”
“Do you solemnly swear…”  You could begin with, “Do you solemnly swear to tell the truth, the whole truth and nothing but the truth?”
 
But, what is the purpose of the Oath about the Affidavit?  You need to have the signer swear that they understand the document, agree to the document, and will abide by the terms of the document which is usually some sort of contract.
 
When I was doing this job, my standard Oath verbiage was:
“Please raise your right hand… Do you solemnly swear that the contents of this document are true and correct, that you agree to it, and will abide by the terms in this document?”
 
The answer that I accept is a clear, “I do”.  I never accept grunts, or uhs, or ahs. People don’t always take Oaths seriously, but I do, or should I say, “I do!”.
 
If you are notarizing five affidavits for an individual, do one separate Oath for each notarized document or signature.
 
Good luck!

You might also like:

When are you required by law to do Oaths?
http://blog.123notary.com/?p=21017

Affidavit of Support
http://blog.123notary.com/?p=17528

Notary Public Oath of Office Information
http://blog.123notary.com/?p=2545

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

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December 3, 2011

Notarized Affidavits Information

Notarized Affidavits

There are many types of Affidavits that show up before notaries throughout the country. Commonly notarized Affidavits include: Affidavits of Citizenship, Affidavits of Support, Business Affidavits, Affidavit of Occupancy, Signature Affidavits, and Affidavit of Financial Status. The main thing to understand about Affidavits, is that they are normally notarized using a Jurat certificate. However, the notary is not allowed to choose or recommend a particular type of certificate for the signer or client. However, it is not a crime to say that people “usually” use a Jurat when doing this type of notarization as long as you clarify that you are not advising them. Affidavits normally contain sworn statements In any case, affidavits usually contain a sworn statement or a Jurat certificate which by definition contains a sworn statement.

The signer is supposed to sign in the presence of a notary, and then raise his/her/their right hand and swear under oath that they consider the contents of the document to be true and correct, and that they will abide by the conditions in the affidavit (if there are any). I am generalizing what the oath should be about. It is up to the notary to make up an Oath, so make something up that makes sense under the circumstances. What is an affiant? An affiant is the person who swears under oath to the contents of an Affidavit. Administer an Oath Just for the record, a notary is a person who is in charge of various notary acts including administering an Oath. You might also use the word “give” in association with giving an oath, although it is more normal to use the term “administer”.

Sample Oath for a Notarized Affidavit
Q. Do you solemnly swear that the contents of this document are true and correct, and that you agree to abide by the terms in this Affidavit?
A. I do.

Where can I find a notary to notarize an affidavit?
Just visit the advanced search page of www.123notary.com and you can find many choices of notaries in your area anywhere in the United States.

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You might also like:

See our string on Affidavits
http://blog.123notary.com/?s=affidavit

Oaths — how Notaries completely screw them up
http://blog.123notary.com/?p=19369

Affidavit of Support
http://blog.123notary.com/?p=17528

The Signature Name Affidavit
http://blog.123notary.com/?p=13190

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

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December 10, 2019

Notary Networking Event

Filed under: Virtual Comedy Themes — admin @ 8:31 am

Welcome to our networking event! We have people from all professions including Notaries!

ATTORNEY: Hi, I’m James. I am an Attorney. I am looking for new clients. I specialize in litigation for dog bites. Do your neighbors have dogs?

PLUMBER: My neighbor has a Chihuahua. I’m not too worried. I probably won’t be your client unless I go to Alaska. I heard people get bitten a lot by dogs there. In one year in Anchorage there were 600 dog bites, and only one bear bite, but people are afraid of bears.

ATTORNEY: That will cause your water pressure to rise.

NOTARY: I know, tell me about it. I am a Notary. I notarize documents. If you are an Attorney and don’t want to notarize for your client due to conflict of interest or lack of interest, or lack of time, or because you just frankly don’t want to — call me. I’m mobile and I do it all.

PLUMBER: I need an affidavit of water damage. I need to fix some pipes for someone because there was some damage. Do you do that?

NOTARY: Sure. How about an exchange. I’ll notarize a document for you and you can fix my toilet?

PLUMBER: Sounds like a crappy deal, crappy just like how I imagine the pipes in the toilet considering how much you crapped in it.

NOTARY: You’re right. How about two Affidavits?

REAL ESTATE AGENT: Oh, we need someone to fix the pipes in a building we are selling. And we need a Grant Deed Notarized. I came to the right networking event.

NOTARY: Aren’t we supposed to have wine & cheese?

HOST: Oh, it’s coming. We got it from a guy we networked with.

PLUMBER: Hey Notary, why don’t you ask the host if he needs his wine notarized?

NOTARY: Wine not! But, the table is a little low, so try not to pull a plumber when you lean over.

PLUMBER: Don’t worry, I just went on a diet and my pants actually fit me now.

NOTARY: Oh, do you need your pants notarized?

HOST: Okay — enjoy folks!

You might also like:

Notarizing a “won’t” (it’s like an unwedding)
http://blog.123notary.com/?p=22378

I’m not that kind of notary
http://blog.123notary.com/?p=22319

He took Jeremy’s advice and got new title companies
http://blog.123notary.com/?p=22277

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December 9, 2019

Notary TV Network

Filed under: Comprehensive Guides,Humorous Posts — admin @ 8:30 am

Welcome to NTVN — the network for Notaries.

We have notary comedy, notary drama, notary classes, tutorials,
stories and more. I know, sounds a bit like the 123notary notary blog,
but this is television. Below is our broadcasting schedule:

8am: Affidavits done your way with host Randy David

9am: Notary housewives gone wild

10am: General Notary Hospital

11am: Notary acts explained — we go over Acknowledgments, Jurats,
Oaths and Affirmations. Raise your right hand!

12pm: Notaries without underwear

1pm: How to confirm a signing without missing any bases

2pm: How to spin your embosser with spinning with the stars

3pm: How Jeremy started his signing business and other Notary stories

4pm: Dealing with issues regarding FedEx and shipping.

5pm: Social media tips for Notaries

6pm: Notarios sin barreras

7pm: Dealing with Chinese characters in signatures

8pm: The Notary Bar – a sitcom about Notaries where everyone knows your name.

9pm: Sponsored programming.

You might also like:

Notary Ed – similar to driver ed
http://blog.123notary.com/?p=19132

Affiant – a new social media site for notaries
http://blog.123notary.com/?p=6410

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November 13, 2019

How can I find a Cantonese speaking notary public?

Filed under: Public Interest — Tags: , — admin @ 5:45 am

Where can I find a Cantonese speaking notary public?

At 123notary.com, we receive all types of inquiries from many types of people all the time. Where can I find Roger Smith, he is a notary in Louisiana? He notarized a document for me a year ago, and now I can’t find him. I refer the inquirer to the Louisiana notary division, since they have the addresses of all currently commissioned notaries in the state. I also get a few people asking me where they can find a notary in India, or Thailand. I refer them to the embassy, or ask them to find an attorney in the country in question. I give sensible advice, and steer people the right direction, but honestly, I don’t have a lot of information myself that is good for answering most of the questions I get. The harder requests are requests that I would LIKE to be able to fulfill, but sometimes it’s hard.

Where can I find a Cantonese speaking notary?
123notary.com has many bilingual notaries. You can use the LANGUAGE FILTER on the top right of the search results page after you do a search by zip code. Many of our bilingual notaries are Cantonese Speaking notaries, however, they are all spread out. You might find many Cantonese speaking notaries in any big city, but we have relatively few advertising on our site. You can do a search by zip code and then use the language filter on the upper right side of the page. Try inputting the term Cantonese, and then try Chinese as a second search. See what happens. I cannot guarantee results because people join our directory daily, and change their language information from time to time, and drop out from time to time as well.

If you can’t find a Cantonese speaking notary on 123notary…. then…
The document signer needs to speak the same language as the notary in California and many other states. As a practice, even if your state doesn’t require it, the signer should be able to communicate directly with the notary. You could try the Chinese yellow pages, or ask around in your metro’s Chinatown. There will be plenty of Cantonese Chinese speaking notaries, but they might not advertise much as their business might come from word of mouth or 朋友推薦朋

It is common for Cantonese speaking people who function mainly in Cantonese 廣東話 to pick service providers who also speak their language. However, this might not be a good idea. If your English is “Good enough”, you might be better off with an English speaking notary who is really good at what they do, and who is familiar with commonly notarized affidavits and documents. Just my opinion. Choose the skill set before you choose the cultural affinity if you have a choice!

To find a Mandarin speaking notary, just look up Mandarin in the language filter on search results. To find a Taiwanese speaking notary, just look up Taiwanese in the language filter. To find a Cantonese speaking notary, just type the word Cantonese in the language filter in the upper right corner of the search result pages. Honestly, the word “Chinese” will give you much wider results than these dialect names, but in NYC or San Francisco, you might find the dialect of your choice! 祝你好運

You might also like:

How to find a bilingual notary public
http://blog.123notary.com/?p=2520

Notarizing your foreign language document
http://blog.123notary.com/?p=2768

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October 25, 2019

How long does it take to fill in the journal entries for one loan?

Filed under: Journals — admin @ 11:47 pm

Many Notaries use the “cram it in” style of journal entries and claim that it saves time and that it is okay. But, there are several problems with it. First of all, what is the cram it in system of filling in your journal?

If you put multiple documents in on a single journal entry — that is what I call the “cram it in” journal entry style. Normally there is a single signer for these multiple docs on the entry, but some people put two which is even more crazy. Below are the problems associated with this wrongful technique.

1. Fees
Most states allow a Notary to charge a maximum fee per Notary act. If you put multiple Notary acts on a single journal line, you cannot document what you charged for each Notary act.

2. Notary Act Type
If you are notarizing multiple documents in a loan, traditionally there will be different Notary types. There will be acknowledgments for the Deeds and perhaps other documents and Jurats for the Affidavits. You cannot distinguish which document received which type of notarization if you use the cram it in method of journal entries.

3. Court Issues
If your signing goes to court, the signer could claim to not have authorized the notarization of any of the documents listed in your journal as you theoretically could be in cahutz with the Lender and could have added the names of more documents after the fact. It is rare to have an issue in court due to the cram it in method, but I have heard of two examples in my career about how it makes the court case a lot more confusing and you can’t prove that someone consented to be notarized. It can result in a situation that looks like fraud was likely. Why put yourself in that position?

4. Kosher Issues
It just isn’t kosher to add extra document names in a single journal entry. Proper journal entry procedure means one document and one signer per entry — that’s it.

SUMMARY
It is easier to just fill out the journal entries one by one. You might have to write the address many times. It might take about 45 seconds per entry, and with a loan of 12 notarized signatures you might spend 10 minutes total filling out the journal and another minute getting people to sign and thumbprint multiple times. That is about 8 minutes longer than the cram it in method and could save you lots of time in court after the fact. Additionally, if your state audits journals, it could save your career — a valid point to remember in California and in the future perhaps other regions!

You might also like:

Travel fees vs. Notary fees in your journal
http://blog.123notary.com/?p=22612

Notary Public 101 – a comprehensive guide to journals
http://blog.123notary.com/?p=19511

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October 18, 2019

Where can I find a Mandarin speaking Notary?

Filed under: Public Interest — Tags: — admin @ 11:30 pm

Where can I find a Mandarin speaking notary public?

At 123notary.com, we receive all types of inquiries from many types of people all the time. Where can I find Roger Smith, he is a notary in Louisiana? He notarized a document for me a year ago, and now I can’t find him. I refer the inquirer to the Louisiana notary division, since they have the addresses of all currently commissioned notaries in the state. I also get a few people asking me where they can find a notary in India, or Thailand. I refer them to the embassy, or ask them to find an attorney in the country in question. I give sensible advice, and steer people the right direction, but honestly, I don’t have a lot of information myself that is good for answering most of the questions I get. The harder requests are requests that I would LIKE to be able to fulfill, but sometimes it’s hard.

Where can I find a Mandarin speaking notary?
123notary.com has many bilingual notaries. You can use the LANGUAGE FILTER on the top right of the search results page after you do a search by zip code. Many of our bilingual notaries are Mandarin Chinese Speaking notaries, however, they are all spread out, and there are dialects too. Someone who knows Min-Nan-Yu only might not be fluent in Hakka for example. These are Southern dialects from Guang-Dong and Southern Fu-Jian by the way. The more common dialects are Mandarin, Cantonese, and Taiwanese in American metros. You might find many Cantonese speaking notaries in any big city, but we have relatively few advertising on our site. You can do a search by zip code and then use the language filter on the upper right side of the page. Try inputting the term Cantonese, and then try Chinese as a second search. See what happens. I cannot guarantee results because people join our directory daily, and change their language information from time to time, and drop out from time to time as well.

If you can’t find a Mandarin speaking notary on 123notary…. then…
The document signer needs to speak the same language as the notary in California and many other states. As a practice, even if your state doesn’t require it, the signer should be able to communicate directly with the notary. You could try the Chinese yellow pages, or ask around in your metro’s Chinatown. There will be plenty of Mandarin speaking notaries, but they might not advertise much as their business might come from word of mouth or (peng-you tui-jian gao-su peng-you) as the case might be.

It is common for Chinese people who function mainly in Mandarin Chinese to pick service providers who also speak their language. However, this might not be a good idea. If your English is “Good enough”, you might be better off with an English speaking notary who is really good at what they do, and who is familiar with commonly notarized affidavits and documents. Just my opinion. Choose the skill set before you choose the cultural affinity if you have a choice!

To find a Mandarin speaking notary, just look up Mandarin in the language filter on search results. To find a Taiwanese speaking notary, just look up Taiwanese in the language filter. To find a Cantonese speaking notary, just type the word Cantonese in the language filter in the upper right corner of the search result pages. Honestly, the word “Chinese” will give you much wider results than these dialect names, but in NYC or San Francisco, you might find the dialect of your choice! “Zhu ni hao yun!”.

You might also like:

Where can I find a Cantonese speaking notary?
http://blog.123notary.com/?p=1640

How do I get a foreign language document notarized?
http://blog.123notary.com/?p=18788

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>

May 9, 2019

Donnie Wahlberg and the Notary

Filed under: Humorous Posts — admin @ 11:18 am

DONNIE: Hi, I’m looking for a Notary who is reliable who can help me notarize a few Affidavits.

NOTARY: Well I’m reliable.

DONNIE: Oh you are? That’s great. Because the other Notaries failed to assure me that they were reliable, therefore you’re the one I’m going to hire for my two hundred documents.

NOTARY: Really?

DONNIE: No dumb-ass! You really think I’m going to take your word for it numb-nuts? The fact that you claim to be reliable doesn’t mean jack. This is ridiculous! I’m calling someone else.

DONNIE: Hi, I’m looking for a Notary who is reliable who can help me notarize a few Affidavits.

NOTARY: I’m cooking right now. I’m a bit of a gourmet.

DONNIE: Oh, I have a new brand for you for gourmets with attitude. It’s called “What the Puck, by Wolfgang Puck.”

(disclaimer — this is not a real brand and the reference was for purely comedic purposes and yes, we love Wolfgang Puck’s line of soups by the way in real life. Particularly chicken and wild rice because I like it wild.)

NOTARY: I find that kind of offensive.

DONNIE: Well I find it offensive that you act like you’re on vacation during a fricking business call. Get your head out of your ass and let me know if you wanna work or not?

NOTARY: I politely decline.

DONNIE: I’ll have to find someone else for my 200 Affidavits that I’m paying $10 per head for.

NOTARY: I changed my mind, I’m so behind on my payments.

DONNIE: You’re behind on payments because you put recreation ahead of work as a matter of practice. I need to find a real Notary who takes life seriously. (slams phone down)

DONNIE: (ring-ring) Hi, I need a Notary to notarize a few Affidavits.

KEN: Sounds super. Can you read the name as it appears on your ID?

DONNIE: What’s it to you buddy?

KEN: It’s a legal requirement and believe me, I’m not asking you for the pleasure of asking.

DONNIE: Fair enough. It says…. Donnie Wahlberg, Donnie spelled with an i.e. at the end like your giving an example. And Wahlberg which has an “h” after the a, and the berg has an “e”, not a “u”, not that there’s anything wrong with having a “u”.

KEN: Well I don’t have a “u”, nor do I have anything against “u.”

DONNIE: And you never will.

KEN: You’re probably not my type anyway, but it never hurts to meet new people.

DONNIE: You know something… I like you. You ain’t that bad! You didn’t say nuttin’ stupid like those other nitwits I talked to.

KEN: Hey, don’t knock it. I get a lot of work cleaning up after those clowns. Too bad the clown schools aren’t taking applications because then they could become professional clowns.

DONNIE: I’m not sure I want someone squirting me with water at a signing.

KEN: All I can say is just hope to god they don’t have cream pie for desert after the signing is over. You never know where that could go.

DONNIE: Yeah, tell me about it. You’re hired. By the way, 200 documents isn’t a problem for you, right?

KEN: cha-ching! I hit the jackpot. It just means more journal entries and a little self-massage of my hand when it cramps up. By the way, do you happen to have any good massage oil?

DONNIE: I actually know of some good brands from Whole Foods that my new girlfriend just tipped me off to. She just finished school to become a Thai masseuse, but she’s Irish which is another story.

KEN: Oh really. Tell me more… And by the way, she’ll have to change her accent. People go to Thai massage to hear, “Sawat de ka” and “I do for you.” and not “Ay, the luck of leprichauns… my father O’Flanahan knows a wee over two thousand stories about those creatures he told me as a lass, he did.”

DONNIE: A point well taken. I’ll take her to one of those accent reduction places for people whose American accent is too thick.

KEN: I like it! Just have her put a little nasal into it and whine a little bit. She’ll be perfect.

You might also like:

Jersey Shores Notary
http://blog.123notary.com/?p=21228

Shark Tank – notarizing in the shower for executives
http://blog.123notary.com/?p=20511

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