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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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October 17, 2013

Jurat Wording Step by Step

Jurat Wording

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

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

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

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

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

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

You might also like:

Jurat definition and a string of other Jurat related posts
http://blog.123notary.com/?s=jurat

Notarizing Children
http://blog.123notary.com/?p=6947

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August 21, 2013

What is a Jurat?

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

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

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

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

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

You might also like:

Basic Notary Acts – Notary Public 101
http://blog.123notary.com/?p=19500

Jurat Definition
http://blog.123notary.com/?p=21342

Jurat wording step by step
http://blog.123notary.com/?p=7875

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January 23, 2011

California Acknowledgment and Jurat Information

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

California Acknowledgments & California Jurats

Notary laws are often based on antiquated social customs and laws.  Many notary laws in Louisiana are based on the old Spanish and French laws which make it extremely different from the rest of the United States.  Louisiana is sort of a foreign country controlled by our government.  The language is English, but the laws are not.  California notary law used to have some old rules too for identifying a signer
 
In olden times, people lived in smaller communities, traveled less, and had less access to the outside world.  In those days you knew your neighbors and knew them well.  California notary laws and laws in many states allowed a notary to use personal knowledge of an individual as a way to identify them for a notarization.  But, in 2011 with people flying all around, and nobody really knowing anyone, you can not really use personal knowledge as an identifying technique anymore.  People don’t even know their wives and children that well these days! After 9/11, the laws changed in many states.  It took a few years for the state governments to react, but standards for identification were raised.  You can still identify signers using credible witnesses which I feel is false identification. The credible witnesses don’t really usually know the signer that well, and have to be reminded of the signer’s name in many cases.  The most common form of identification is a driver’s license, state ID card, or password. 
 
In any case, California notary laws for identifying a signer for an acknowledged signature are tougher now that personal knowledge is not allowed.  But, signers also need to be identified for Jurats which never used to be the case.  In the last few years, the California notary wording or California notary Verbiage for Acknowledgment and Jurat forms has changed a little bit as well.
 
Oaths and Affirmations in California have now become a merged act.  You just choose whether you want it to be an affirmation or oath in the paperwork. 
 
 
You might also like: 

Notary Public 101 – basic notary acts including Acknowledgments
http://blog.123notary.com/?p=19500

Notary Acknowledgment Information
 
Can a California notary be a witness?

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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.

You might also like:

Notary Certificates, Notary Wording & Notary Verbiage
http://blog.123notary.com/?p=1834

Notary Boiler Plate Wording
http://blog.123notary.com/?p=2432

Make your own notary certificate forms
http://blog.123notary.com/?p=1759

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October 10, 2019

Stand up routine at a signing

Filed under: Humorous Posts — admin @ 11:23 pm

It started out being just a normal signing. But, the Notary was no ordinary Notary.

NOTARY: Hi, my name is Charles and I will be your signing agent this evening. If you have any questions during the signing process, please feel free to address those to me.

BORROWER: Sounds like a deal, Charles. We’ll conduct the signing in the dining room.

NOTARY: Great.

BORROWER: Would you like to sit down?

NOTARY: Oh, you see, my style of signings is more of a stand up signing.

BORROWER: Oh, yeah, I read in your reviews that you are a stand up guy. Now, I think I know what they meant.

NOTARY: Good one. I didn’t know my reviews said that. I thought it said that I showed up on time;

BORROWER: That was only for one signing, the one where you set your clocks back an hour in November. No wonder you were on time for the first time in your life.

NOTARY: That was low, but it works. Anyway. Let’s begin with the Deed of Trust. We need to initial each page.

BORROWER: Have you done this before, or do you consider this to be improv?

NOTARY: I did my routine once, but on a reverse mortgage, so I have to turn my jokes around for this type of signing.

BORROWER: Do you need to go back into the driveway and turn your car around too?

NOTARY: Not until the signing is over.

BORROWER: Good one! Okay, look. This is my initial initial.

NOTARY: Hey, not fair, you are funnier than me. Oh look, your APR is 6.2% — what a joke!

BORROWER: Uh oh, I could have you reported for kibbitzing on my loan. No commentary aloud — allowed.

NOTARY: Did you just make a word play? You are right, I have no place commenting on your loan, especially not satirically.

BORROWER: I didn’t shop around for this.

NOTARY: It’s okay. The 30 years you are paying 6.2% instead of 6.1% will probably only cost you $40,000 and I’m sure the ten hours you saved by not shopping around is worth more than $40,000, right?

BORROWER: Grumble. You are so fired, but thanks.

NOTARY : On the other hand, rates just went up, so you probably lost your lock, and the financial institution you borrowed from is one of the best and gives competitive rates, so you did okay. I just said what I said in jest.

BORROWER: Hey, you just made a word play with the just and the jest. Was that a soliloquy?

NOTARY: No, you are just being silly-oquy. Now, let’s look at the HUD or the Closing Disclosure. Hmm, it says the Notary fee is $300. Guess how much of that I get?

BORROWER: Umm, the whole thing?

NOTARY: You missed your calling in life — you should have been a comedian. No, I get $60 which covers my gas, printing, other auto expenses, and a happy meal.

BORROWER: Reminds me of the time I went on a rick-shaw ride in India. The guy wanted 70 rupees and I offered him 60. He said, “Hey buddy, the price if imported whiskey is not going down — 70, no discounts.”

NOTARY: How comforting. That reminds me of the Arabian signer I had who told me all about his harem. He had four Saudi girls, two African girls, but wanted a blonde. So, he went to all types of trouble to coerce a blonde to live with him in his palace. He finally got a girl named Christina to be part of his harem. He said, “Once I had a blonde blue eyed lady as part of my harem — Christina. She always used to talk back to me… I found it so (pause) refreshing. After three months I had to send her back to the states. I will never forget my little Christina.”

BORROWER: You know how it is for people in third world countries. I think there is an expression about white girls (or guys) — Once you’ve had vanilla, you’ll love like a chinchilla, sipping sarsparilla, on a beach on the coast of Manila.

NOTARY: That must be a come back to — once you’ve had black, ain’t no turning back.

BORROWER: Something like that, although yours is more imaginative especially with the chinchilla. Do they have chinchillas in the Philippines?

NOTARY: Not sure, I think they are cute little creatures who live in the Andes. Okay, now to the Right to Rescind. Forgive me father, for I have rescinded.

BORROWER: Oh, that’s an old one. I’ve heard that many times from all of the past Notaries I’ve met.

NOTARY: I know, sounds like something they would say on late night television on Craig Ferguson’s show. Okay, you can cancel by email, fax, or in writing.

BORROWER: I don’t have a fax.

NOTARY: Well then better make sure you really want this loan!

BORROWER: I think I want it. But, I do have email.

NOTARY: Better print out the email and the send date so you have proof that you sent it. You know how these banks are.

BORROWER: Okay, I signed here. Are you going to acknowledge my signature.

NOTARY: No, you are.

BORROWER: So, let me get this straight. I acknowledge my own signature, and then you are the one who gets paid.

NOTARY: As I said before — you’re in the wrong profession.

BORROWER: I’m beginning to think you are right.

NOTARY: Now, on to the signature affidavit. You have to swear that you signed it.

BORROWER: Okay, (raising his right hand) I swear.

NOTARY: But, you haven’t signed it yet.

BORROWER: Oh yeah.

NOTARY: Thank God you’re not a Notary, missing a signature like that — otherwise you’d really be in the wrong profession! That’s not only careless what you did, but illegal — 5 years.

BORROWER: Five years for a little joke?

NOTARY: That was under Oath with a public official — me.

BORROWER: Good God, I’ll stick to jokes about the APR from now on. Did you hear about the APR that wanted to go onto the next stage in life? He became a BPR.

NOTARY: Bad one. Boo. I got one. How do you define the APR to a non-borrowing spouse?

BORROWER: You mention it deducts many of the fees and closing costs before doing the calculation? That’s not funny.

NOTARY: It is with your loan. Have you seen the appraisal fee — that’s insane!

BORROWER: You’re fired… again. Except I can’t fire you because you have something on me — that damn Oath I took. My pre-signature Oath.

NOTARY: Those pre-signature Oaths will get you every time. I call them pre-sigs. Happens all the time. Borrowers will swear to anything, they think it’s cool.

BORROWER: Now to do the Jurat. You need to watch me sign in your presence for one of these according to what I read in Jeremy’s course. Are you watching? I’m signing now, keep looking…. I saw you look away… Keep looking.

NOTARY: Are you even watching what you are signing, or are you just watching me?

BORROWER: Oh, you are … what a scribble. I signed that? I should have been paying attention.

NOTARY: Correction, you should have been witnessing your own signature instead of trying to witness me witnessing your signature.

BORROWER: Once again, I’m in the wrong profession, but thank God I’m not a Notary.

NOTARY: Exactly. Jokes aside — yes! Okay.. got one. What did the Notary say to the borrower?

BORROWER: Umm. Sign here?

NOTARY: No, he said, “Sign exactly as your name appears on title.”

BORROWER: That sounds about right, but isn’t funny. What if the borrower is irate about their APR?

NOTARY: That’s more along the lines of where you get to the punch line. Or getting thrown down a flight of stairs.

BORROWER: Ouch. Did that really happen?

NOTARY: It’s all documented in Jeremy’s blog — real story, and that’s no joke. Now let’s look at the 1003.

BORROWER: Page three says, “This page intentionally left blank.” sounds like a Seinfeld situation. It’s more like a joke than a real loan document.

NOTARY: That’s the irony. It looks like a joke, but it actually isn’t a joke.

BORROWER: That’s kind of like most of your jokes in reverse. They sound like jokes, but they aren’t funny.

NOTARY: You laughed, so they are funny, at least to you.

BORROWER: You got me on that one just like my Lender got me on the APR.

NOTARY: Now it is time to do journal thumbprints. I need three thumbprints, one here, one here, and one here — one for each entry.

BORROWER: Here you go.

NOTARY: So, how would you rate the signing overall — jokes aside?

BORROWER: I would give it three thumbs, but not three thumbs up. Three thumbs horizontally.

NOTARY: Not sure if that constitutes an official rating, but it will have to do.

You might also like:

Index of best comedy posts from 2015
http://blog.123notary.com/?p=20295

The Mayan rescission calendar
http://blog.123notary.com/?p=15096

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October 5, 2019

Hospital signing in reverse. The Notary was bedridden

Filed under: Hospital & Jail Signings — admin @ 11:20 pm

A Notary had to go to the hospital for a hernia. He was in pain and drugged part of the time. But, he had a thriving business. and his customers would come to see him in the hospital.

CUSTOMER: Hi, I need this Affidavit notarized. I’ll sign it right here. You’re paying attention right?

NOTARY: (nodding off) ummm.

CUSTOMER: You are paying attention right?

NOTARY: Oh yeah..

CUSTOMER: (signs the document) Can you fill out the Jurat and sign it here?

NOTARY: I am not myself today. I might need to do a signature by X

CUSTOMER: According to what you told me last time only elderly customers can do a signature by mark or X.

NOTARY: Just kidding. Let me just fill this out… okay. Now, do you solmenly swear to uphold the constitution of the United States against all enemies foreign and domestic?

CUSTOMER: When you say domestic, does that include Consuela my maid? she is foreign AND a domestic.

NOTARY: You just have to make things complicated.

CUSTOMER: And that Oath has nothing to do with my document. That is the morphene talking, right?

NOTARY: I was just testing you. I’m actually sober, believe it or not. That’s why I’m being so mean. When my father arranged my marriage to Maria he said, “And he’ll beat you constantly — but only when he’s sober which is very little of the time.”

CUSTOMER: How reassuring. Okay, my Oath please? Never mind. I solemnly swear under God that the contents of this document are true and correct to the best of my knowledge.

NOTARY: I hereby affix my stamp. I gotta get out of here. I don’t want to be late to the straight pride parade in Boston of all places. Don’t you just love people from Boston — how refreshing — standing up for traditional values.

CUSTOMER: Yes, I find them refreshing, especially when they call people a “fricking retahd.”

NOTARY: Me too – gotta love it. I pronounce you man and document.

CUSTOMER: I am going to pass on kissing the document.

NOTARY: That will make you more popular in Boston as a result.

You might also like:

12 questions to ask for hospital notarizations
http://blog.123notary.com/?p=20519

A tale of four notaries at hospitals
http://blog.123notary.com/?p=463

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October 4, 2019

Is it practicing law to explain a notary act?

Filed under: Technical & Legal — admin @ 11:19 pm

Many Notaries think they are practicing law by explaining a notary act. Notaries are not allowed to choose a notary act on behalf of a client, but can they explain the requirements?

As a Notary, you have to have a signer sign in your physical presence for a Jurat, but not for an Acknowledgment (except in a few underpopulated states). So, are you practicing UPL or engaged in the unauthorized practice of law by explaining that distinction to a client?

For an Acknowledgment you do not have to sign in front of the Notary, although many lenders require the signer to do so. Is it UPL to explain that too?

Is it UPL to word an Oath for a client for their Affidavit? You kind of have to do that otherwise you cannot administer an Oath or Affirmation.

The fact is that your state authorizes you to do Notary work and perhaps even tests you on it. You are authorized do do all aspects of Notary work by law. You are not authorized to explain Mortgage documents but notary procedures are NOT Mortgage documents although they might be done to Mortgage documents.

How do you deal with this quandary?

You might also like:

Unauthorized practice of law in the notary industry
http://blog.123notary.com/?p=21317

30 Point Course – what to explain and what not to
http://blog.123notary.com/?p=14440

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September 16, 2019

Travel fees vs. Notary fees in your journal

Filed under: Journals — admin @ 11:10 pm

For those of you who keep a Notary journal, you need to record the Notary fee as one of the fields. But, what if you get paid $65 for a signing with a travel fee and two signatures? How do you differentiate between the travel fee and the signature fees?

You can either arbitrarily decide how much is a travel fee and how much is a signature fee if the job is a flat fee. Or you can base the fees on the fees you quoted the client.

When you fill in your journal, the main thing is to put a Notary fee that does not exceed the fees allowed by your particular state, otherwise you could be accused of charging excessive fees which is illegal. If California allows $15 per notarized signature on an Acknowledgment or Jurat, then you cannot inscribe more than $15 per journal entry for each Notary act.

For those of you who use the “cram it in” style of journal entries, you cannot put a notary fee for five documents on the same line. It just doesn’t make sense. This is yet another potent reason why you should not use a style of journal entry that inputs more than one document per line. It is impossible to prove in court that the signer consented to all of the documents being notarized since he is not signing for a particular one. It is also not possible to know what the fees involved are either which means you are not doing proper bookkeeping.

As far as the travel fee, you could input the travel fee for a particular appointment in the additional notes section of the journal entry and indicate that is is a travel fee. The travel fee I would indicate once on the first journal entry for a particular appointment. Correct and prudent journal entry procedure requires separate entries for each person and document. So, once again, three people each signing four notarized documents would result in twelve journal entries with the travel fee indicated in the top entry.

You might also like:

Travel fees if nothing gets signed
http://blog.123notary.com/?p=22578

Why are the fees offered to us so low you ask?
http://blog.123notary.com/?p=22293

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September 3, 2019

Should you include Kleenex in your notary bag?

Filed under: Humorous Posts — admin @ 10:57 pm

One Notary on NR had a signer who burst into tears and left the room. I guess she didn’t like the terms of her loan. I have never had that happen thank God although I had some moments where borrowers were not filled in properly and had lots of last minute questions.

If someone starts crying, you will look a lot more professional if you have a box of Kleenex on your person. I guess it might not fit in your bag unless you have the Kleenex travel pack for air travel. But, you will look more professional if you have it even if you don’t need it.

You could do show and tell to impress the borrowers. “Check out my notary bag contents – I have a stamp, embosser, law primer, ack forms, jurats, permission to travel, copy certification, pens, stapler, oh, and don’t forget — Kleenex, just in case the borrower doesn’t like the terms of their loan.” How professional!

I heard in the future there will be a new app to get therapy from Siri.

NOTARY: Siri, the borrower doesn’t like the terms of their loan.

SIRI: How does that make them feel?

NOTARY: Bad

SIRI: What was their relationship like with their mother?

NOTARY: Bad

SIRI: It looks like the problem lies within and not with the loan documents.

NOTARY: Thanks Siri, I think you are in the wrong line of work. You should be a cheesy guru instead of an app. Maybe you can call your service iGuru. Whatever they ask, tell them — the problem is coming from within. You’ll have thousands or Hindus following you overnight. Canned answers work with certain crowds.

BORROWER: Sob. Yes, it is true. The documents are not the problem at all.

NOTARY: Does this mean you will keep the loan?

BORROWER: Of course not dummy. The Lender is trying to rip me off? Boo hoo hoo.

SIRI: Time to offer them one of those Kleenexes you have in your Notary bag.

NOTARY: Oh yeah. Have a Kleenex.

BORROWER: Thanks, you are one of the most considerate Notaries I’ve ever had. Will you marry me?

You might also like:

What types of forms should you keep in your notary bag?
http://blog.123notary.com/?p=20011

Notary Carry All Bag
http://blog.123notary.com/?p=1238

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