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November 4, 2014

The Affidavit of Occupancy

An affidavit of occupancy is a simple document (sometimes notarized), that offers the borrower generally three choices. The first option (generally by making initials) is to have the property as a Primary Residence. This option typically requires the borrower to occupy the property, usually within 60 days; for a minimum of one year. The second option is to acquire the property as a second home, while maintaining a primary residence elsewhere. The third major option is to declare the property as Investment Property, not to be occupied by the borrower; but to sell or rent for rental income. It is unlikely that the borrower cannot accurately choose the correct option.

Care should be taken by the borrower to initial the correct choice. The wrong choice can result in financial and even criminal penalties at a later date. If the borrower is buying to live in, there is really no issue. However, when the intent is speculation or rental; it’s accurate disclosure or risk problems. Lower Mortgage Rates are available for owner occupied. This is why the intent to rent or speculate must be disclosed.

Affidavits of occupancy are especially relevant for small-time or independent real estate investors. If a borrower were to select “investment property” then choose to move in permanently – there probably would be no problem. Of course they would be paying a higher mortgage rate, lenders are rarely annoyed by such activity. It is the reverse, claiming to move in; getting a lower mortgage rate, then renting it out that causes problems.

Since affidavits of occupancy are not heavily regulated or governed by formal, industry-wide guidelines, they’re often originated in-house by the mortgage lenders or other real estate professionals. Thus, unlike the standardized HUD, there really is no uniform structure to the Affidavit of Occupancy. Actually it might just as well be called an Occupancy Certification, or similar. The only aspect that seems to appear with regularity is the need for the borrower to specify how they intend to utilize the property. This is generally done by initialing a specific paragraph, but some variations may call for a complete signature.

This form is a redundancy to similar assurances that appear in the Mortgage, namely, how the borrower intends to utilize the property that secures the loan. The occupancy statement contains strong language, 30 years in prison, fine of a million dollars, etc., per Title 18 US code Sec. 1001, and others. They are a separate document that the borrower cannot ignore, often notarized; and help the lender to charge a higher rate for loans that have greater risk. Typically, rental or investment property has greater risk. The difference can be half a percent that will be several thousand dollars or more over the life of the agreement.

They serve as an extra layer of protection against mortgage fraud and provide lenders with a clear chain of evidence that can be used to expose and prosecute such fraud. Whereas a homeowner might be able to make a plausible if unconvincing argument that he or she misunderstood the intent of the “occupancy question” that’s often buried within the structure of a mortgage settlement document, he or she has little chance of avoiding penalties for breaking an affidavit of occupancy. The affiants who “break” these (often) sworn statements risk being charged with mortgage fraud. At the very least the lender can demand full payment of all money due.

In processing this document care should be taken to be sure that all borrowers initial/sign the section that specifies the intended use of the property. Some lenders might require a non-obligor to also sign/initial. It’s probably a safe bet to have any signatory to the document also initial/sign the selection section.

It is the real intent of this document to curb the activities of those who wish to obtain property at a low mortgage rate for speculation or to become “little” landlords. Sometimes it takes years for the housing authorities and the lender to discover the fraud. Those false statements can and do incur harsh civil and criminal penalties. In addition to the mortgage fraud; housing violations are common. The form is simple and easy to understand. There really is nothing for the notary to “explain”. A notarized false statement is exactly that; in addition to being a crime.

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You might also like:

The Signature Name Affidavit
http://blog.123notary.com/?p=16298

Ken’s Guide to Deeds of all types
http://blog.123notary.com/?p=16285

The Compliance Agreement
http://blog.123notary.com/?p=15828

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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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December 9, 2011

Affidavit of Citizenship

Affidavit of Citizenship 

This is a commonly notarized document.  Sometimes a person will need a signed Affidavit of Citizenship to get an identification document created. There could be other purposes as well.  The problem is that the person who needs this document, never seems to know how to write it, and always turns to the notary.  It is unclear to me if this is considered a “legal document”, so it is unclear if it is giving legal advice when helping someone draft this type of document.  In Florida, a Florida notary shouldn’t assist anyone draft any document since rules are more stringent there about what is considered legal advice.  Below is wording that I typically used when I helped people draft these types of documents.
 
Sample wording for Affidavit of Citizenship
 
I  (name of affiant) solemnly swear that I am a citizen of the United States of America, so help me god.
 
 
—————————–
Signature of affiant
 
(attach jurat certificate wording or a loose jurat certificate here, or have this notary verbiage written on the loose jurat certificate if there is space provided)
 
If you feel that it would be giving legal advice to dictate how this verbiage should be spelled out, then you can assist the signer (affiant), but asking him/her this question.  What do you want this document to say? For example, “I solemnly swear that… what?…”.   Then they will give their answer.  Then you can vaguely say, “Then you might consider writing what you just said, although I can not advise you on this matter”. 
 
You might ask the signer to have this document typed out with a signature line BEFORE you go to the appointment if you are a mobile notary.  Once again, the Affidavit of Citizenship is a common document, and you should expect to see it regularly during your notary commission if you do notary work for the public.

Note: There is no such thing as an immigration notary, however, Affidavits of Citizenship might be related to the immigration process.

You might also like:

Affidavit of Citizenship on Modern Family
http://blog.123notary.com/?p=10989

Affidavit of Support & Direct Communication w/the Signer
http://blog.123notary.com/?p=7084

Affidavit of Citizenship 2016 Edition
http://blog.123notary.com/?p=18847

Notarized Affidavit Information
http://blog.123notary.com/?p=1963

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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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January 10, 2011

Notary Cheers Part 2: Sammy gets a name change notarized

Filed under: Sit-Coms — Tags: , — admin @ 7:12 am

Please read the part 1 of this blog entry so you are aware of the context. Sam has to run to the county clerk to get his name change form, so that he can check into a hotel room anonymously with his girlfriend without a paper trail leading back to him. Diane needs to have an Oath for Carla stating that she will stay out of Carla’s hair in exchange for a shift switch.

DIANE: Sam, where are you going?

SAM: I’m running late. I need to get to the County Clerk’s office and get back here for my next shift.

DIANE: Just eat something and run over there. It’s only a fifteen minute walk. And it’s sunny today.

CARLA: Yeah, it’s sunny now. But, it’ll be a lot sunnier if certain people swear they’ll stay out of my hair, and get that Oath notarized.

CLIFF: (snickering under his breath) Who wouldn’t want to stay out of that Brillo Pad?

CARLA: (yanking on Cliff’s hair, causing him to wince) At least my hair isn’t about to be yanked out!

DIANE: Can’t you two save your antics for the playground?

CARLA: Relax. I’m not about to let your hair fall out. The bleach you’re overusing beat me to it.

DIANE: It’s not bleach. It’s the sun! Sam, I will get the Oath notarized at 8pm tonight. Scout’s honor! (raising her right hand)

SAM: Better not swear to the Notary it’s the sun. (Gang, except for Diane, chuckles) Gotta go.

Sam walks down to the County Clerk. The line isn’t that bad. Finally, it’s his turn.

CLERK: Purpose of ya’ visit sir?

SAM: I’m gonna need a name change form.

CLERK: Are ya’ sure you wanna change ya’ name? “Sam” sounds pretty good to me. Why ah’ you doin’ this?

SAM: I need to check into a hotel with my new girlfriend, but she’s married, and… I don’t want a paper trail leading back to me. It’s a long story.

CLERK: This never came from me — and I’m not recommendin’ it neitha’, but the easiest way to sneak around isn’t to change your name. It’s to get a fake ID.

SAM: A fake ID?

CLERK: Shhhh. I’m supposed to have ethics, so I can’t recommend doin’ that, but if you change ya’ name, there ah’ strings attached. A fake ID might get you in a little trouble, but you ahn’t hurting anyone, so the cops will go easy on you.

SAM: Can I change my name back if the relationship doesn’t work out?

CLERK: I’m known in town as the most helpful guy eva’ to work in a gova’ment office. I’ll tell ya’ one thing. You can do name variations too. Fa’ loan documents, they have a signature affidavit and AKA statement where you list all the names you’ve been known by in the past. You could get a name variation, and have an ID that represents one of ya’ names.

SAM: Wow. And I thought counting the notches on my bedpost was complicated. But I think I’m catching on. I like this. So, um, how do I do a variation?

CLERK: Here’s a form. By havin’ this form, you can get a second state issued ID, not a driver’s license but a state ID. It’s all legal ya’ see. That document is all ya’ need. For an alias, address, legally, you will need to open a post office box. But, the box would be traceable to your current name. Get the form notarized, then get the mail box, and then get ya’ ID — in that order, otha’wise you’ll screw the whole thing up!

SAM: I like that. Thanks a bunch. You saved my life and my relationship.

CLERK: What number notch will that be?

SAM: I can’t count that high.

Back at Cheers…

DIANE: I’m done typing up my official Oath. I, Diane Chambers of sound mind and body, residing at 54 Beacon Street, Boston, MA 02108, solemnly swear that I will not get in Carla’s proverbial hair. I will not bother her, harass her, nor will I nag her for any light and transient reasons, or even serious reasons for that matter. I included room for a signature, a date, and notarial verbiage.

CLIFF: I think there’s one thing you forgot, there Diane. You’re swearing never to bother her again for the rest of your life. That’s kind of a long time. After all, you’re still kind of a spring chicken.

DIANE: Thank you, Cliff. I think.

CARLA: Since when do spring chickens have barely visible breasts?

SAM: I’m back and I’m about to fill out the name variation document. Oh, and Carla, Diane happens to be very sensitive about her age — so mum’s the word.

WOODY: Mum’s the word, Sam? That’s what I call my mom, and she’s way older than Miss Chambers.

DIANE: You heard Woody, Sam. Pick another word.

SAM: How’s about “ageless”?

DIANE: No, Sam! That’s how they refer to people who already are old!

SAM: Okay, I’ll stick with “annoying.”

EVERYBODY: Norm!!!

WOODY: How’s it hangin’, Mr. Peterson?

NORM: According to Vera, it’s “barely.” Hey, Sammy, did you get that paperwork?

SAM: It’s all complete! And soon to be notarized!

NOTARY: I’m going to need a beer. Sorry I’m late. I kept looking for the bar where everybody knows my name.

DIANE: And we’re always glad you came.

CARLA: Please, don’t start singing.

DIANE: Here is my Oath verbiage — verbatum!

NOTARY: There’s nothing I love more than a prepared customer except for two things.

SAM: That high I can count. What?

NOTARY: A beautiful woman, and a cold one, but not necessarily in that order.

CARLA: (slamming Diane) Don’t you mean one thing?

CLIFF: Isn’t it, uh, illegal to notarize under the influence? It’s a little known fact that in ‘62 a notary who had a taste of the sauce mistakenly notarized JFK’s letter to Marilyn Manson instead of Marilyn Monroe.

NOTARY: It’s only illegal if your signer is intoxicated. You can be drunk, although it is highly discouraged in the Notary community. There is no law against it. The signer has to be of sound mind to be notarized, otherwise they might sign all their money away to a con-man, or worse.

CARLA: What could be worse than that?

NOTARY: They might sign their money over to their greedy family. It happened to me once notarizing an elderly lady who was in a hospital. They drugged her right before the signing. I had to go to court on that one and testify that she looked a bit out of it although I hadn’t been informed that she’d been medicated. I could’ve gotten in a lot of trouble on that one.

NORM: Good thing you didn’t. But isn’t it true that if you didn’t know the signer was medicated, you’re off the hook even if they seemed like they might have been medicated but didn’t make it too obvious?

NOTARY: (To Woody) One Sam Adams please. In these hospital signings, you can never be too careful. Even if you’re off the hook, that day you spend in court is enough to frazzle even the most diligent of notaries!

WOODY: See, that’s where you and I are different. I can be too careful. Like when I was too careful about not stepping on a crack that could break my mum’s back.

CLIFF: What happened, Woody?

WOODY: I accidentally stepped on her toe instead.

SAM: If I were a Notary, I’d look them over from head to toe. Make sure they seem “sound” to me.

CLIFF: That’s what he does with every female under 35 who waltzes in here. He’s good at that.

NOTARY: Okay, I feel ready. I’ll finish the other half of my beer after Diane’s docs. I’ll put the beer to the right — no breathing on it, and your docs to the left. Let’s see if the table is nice and dry?

DIANE: Oh, I brought a clip-board for that. I don’t want my documents touching that petri dish of a bar.

NOTARY: Can I see your ID ma’am?

DIANE: Oh, here it is.

NOTARY: Hmmm. (loudly) 1947, what? You don’t look a day over 35. How could this be….

CLIFF: The secret’s out! The cat’s out of the bag!

CARLA: So the stick is old enough to run for President! I knew that makeup was covering up your “gravitas.”

DIANE: Hear me now, Carla! And hear me, everyone! I am far too young to be President!

CLIFF: You can run for leader of the free world if you’re 35, Diane.

NORM: Wow, Sammy. Who knew you liked older women?

They all laugh.

DIANE: (to Notary) Some things are supposed to be private! One’s age… hair color…

NOTARY: I’m so sorry.

DIANE: Oh well. (sniffle) At least, we can get this form notarized.

NOTARY: Do you solemnly swear that you agree to the terms in this document, and that you will not get in Carla’s hair?

DIANE: As things happen to currently stand, very “solemnly.” (raising her right hand and looking dismally at the floor) Yes, I do (sniffle)

NORM: I now pronounce you Notary, and wife!

CLIFF: I’ll drink to that!

SAM: What about my form?

NOTARY: Let me have the other half of my beer.

NORM: Now that she said I do, your other half is right there!

DIANE: You know I’m still with Frasier, Norman.

NORM: Don’t worry. We won’t tell him you’re robbing the cradle.

DIANE: In answer to “how’s it hangin’,” “it” is about to be your neck!

NOTARY: Okay, I’m ready for Sam. Bring it over. No spilling drinks on the documents people! I mean that!

SAM: Here it is.

NOTARY: Okay, now for this signature, you sign your name as Sam, but on this next signature, you sign as John Doe. Do you think you can do that?

SAM: I’m not great at remembering names. But, sure, I think I can handle it…

NOTARY: Your notarization is complete Mr. Doe.

SAM: Sweet!!! I’ll tell Veronica!

CLIFF: Just don’t tell her husband your old name. Or your new name’ll be “mud.”

NORM: So, what do we owe you?

DIANE: No, you don’t have to do that.

NORM: It’s the least we can do after the humiliation and grief we’ve caused you.

NOTARY: I’ll tell you what. Another beer, and $30. We’ll call it even.

SAM: I’ve never said this to anyone, but, you’re my kind of Notary.

NOTARY: Do you really mean that?

SAM: I do.

NORM: Now, it’s a threesome! Sammy said, “I do” too!

You might also like:

Part 1 of Notary Cheers: Sammy gets a name change notarized!
http://blog.123notary.com/?p=10016

Seinfeld Episode about a Notary
http://blog.123notary.com/?p=6616

Two and a half notaries: Detering notary fraud
http://blog.123notary.com/?p=10452

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November 30, 2010

CW’s When ID and Docs Have Different Names

Credible Witness Discussions on the Forum

Here are some excerpts for discussions about credible witnesses on our forum. Please remember that many states require the signature of a credible witness in your journal and that roughly 90% of states allow credible witnesses to identify a signer. Its a great idea to also record the identification information on credible witnesses as well as getting a phone number recorded just in case. Don’t forget to administer your oath to the credible witnesses asking them to swear that the person in front of them is Jimmy Doe! These commentaries are taken from a forum post. Please feel free to scroll to the bottom and click on the link to see the original post.

Use of CW’s when ID and Document have different names

Larry Said:
It has been suggested that credible witnesses would be an appropriate method to establish the idenity of a signer when the docs had the name printed as James Doe, and they had to be signed that way, and the drivers license the borrower presented had the name Jimmy Doe. My take on this is that credible witnesses could NOT be used but that reasonable reliance on the drivers license photo, description and signature match would allow me to notarize the signature as James Doe. Am I wrong here? I’m in California.

Deborah Bond Said:
 I have had this exact situation previously. I was lucky. Docs as James, ID as JIMMY. I asked for additional id and was handed Passport, Social and birth certificate and was shocked to find Passport said Jimmy, Social James and Birth James…Hence I had plenty of info stating Jimmy was James.

I did not get copies of all this but called my contact LO and advised of name issue and that LEGALLY his name was JAMES but 1/2 ID said Jimmy and they wanted copy of the DL…which had the wrong name. Per the LO his ID Affidavit showed both names when we were done and on the copy of the drivers lic we had him state that is is known as Jimmy and had him sign as James…

Now if he had not the additional id’s I would have had to adjourn because in Massachusetts CW are not a viable option. CW needs to be known to both the NOTARY (highly unlikely) and the person being id’d. The chance of that is slim. I liken it to asking my neighbor Bob (who I know) to ID another neighbor Chris who I know but has no ID. Chance is unlikely that would EVER happen.

Joe Ewing Said:
You are correct Larry but Jimmy goes on the Acknowledgment. The AKA statement that the signer signs under oath would have him signing as Jimmy and James. Credible witnesses when told that they must swear under penalty of purgery (a felony) punishable by 2-4 years in prison that their neighbor goes by a nickname will generally refuse to cooperate and rightly so.

I have used credible identifying witnesses on many occasions. When the signer has an expired ID or no ID at all a credible witness is necessary to establish the current identity of the signer without satisfactory ID.

* Missuse of credible witnesses by Notary Signing Agents

The credible witness codes were NOT created to determine the correct spelling, the presence of a middle name, whether the signer is a junior or a nick name is the real name. When a signer has a current acceptable ID that shows a slightly different spelling of the signers name that is printed on a set of loan docs, it is not appropriate to call two neighbors into a notarization to swear (a felony) not to someones identity but that the signer is actually a junior or that Joe is actually Joseph. That act by the notary in itself is inapproriate.

You (NOTARY) are looking at a picture, a description and a signature. It is the Notarys duty to make a resonable determination as to the identity of the signer based on that current satisfactory ID presented to him. If the notary is unable to do that then the notary should resign his commission. 

Shannon Said:
Joe, I’m concerned that you seem to be indicating that there is somehow some discretion by the notary on whether to notarize. I prefer to rely on what is more black or white. The ID is going to be what the ID is….I would never feel comfortable with a name that is even partially different. Although I can’t quote exact statute, I seem to recall that credible witnesses are not to be used for “convenience of the signer” for example: If the signer left his ID across town…..       Any thoughts on this?

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You might also like:

Credible witnesses – the ins and the outs
http://blog.123notary.com/?p=19634

Credible witnesses – the process explained
http://blog.123notary.com/?p=16695

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

Identification for being Notarized
http://blog.123notary.com/?p=19507

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November 17, 2020

“Oh, just shut up and do you job!”

Filed under: Carmen Towles — admin @ 8:37 am

Originally published in 2019

As a notary public myself, I can not tell you how many times I have heard, “Just shut up and do your job”. Other notaries over the years have expressed hearing the same. Usually, this will come form an uninformed loan officer or realtor. Or just someone that wants you to break the rules for them with little regard of the consequences for the notary. But what is more disheartening is when one notary says it to another.

I recently got a call from a notary friend who had such an experience. This notary was asked by a lender to notarize a document in a spousal state that the other spouse was instructed by the lender that they didn’t need to sign. My notary friend knew this was not legal and since she was aware of the law she refused to complete the assignment. The notary then reached out to one of her other notary friends, who told her to just ‘shut up’ and notarize the documents and also added for good measure; “Who do you think you are?”, ‘“You are just a notary?”. This upset my friend greatly, hence the call to me. I let her know immediately IMHO as far as I am concerned she had done the right thing.

Listen, we are government officials and IMHO, if we know something to be illegal (or unethical) you cannot in good conscience continue with the process of notarizing. We are supposed to be protecting the public. Not aiding and abedding folks trying to pull a fast one. And sadly, we eventually all come to realize, the mortgage industry is riddled with deceit and fraud. So, my rule of thumb is to think about how would I answer and defend my actions, if I were ever called to court and had to get on the stand and a judge asked me, if i knew something to be illegal, or unethical, how would I defend my actions?

And for another notary to insult another because they did what she/he thought or felt was right IMO was not fair. We are all responsible for our own actions. We all have to do what we feel is right and must be able to defend our actions if comes down to that. And for me the bottom line will be if I can live with what I have done and can I sleep at night.

I would love to hear with some of the rest of you feel about this.

You might also like:

Carmen’s guide to the Signature Name Affidavit
http://blog.123notary.com/?p=22541

Show me the money
http://blog.123notary.com/?p=22537

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November 2, 2020

Notary Verbiage & Notary Wording

Originally published Nov 13, 2016.

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

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

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

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

ACKNOWLEDGMENT CERTIFICATE WORDING FROM TOP TO BOTTOM

(1) The Venue

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

State of California
County of Los Angeles

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

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

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

(4) Examples

Example of a Florida Acknowledgment Certificate

STATE OF FLORIDA

COUNTY OF BROWARD

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

______________________________

Notary Public

Printed Name:__________________

My Commission Expires:

____________________

Commission #_________

California Acknowledgment Wording

State of California
County of Los Angeles

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

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

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

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

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

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

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

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

Read More about Notary Wording

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

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

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

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

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March 1, 2020

2015 compilation of best notary posts

Filed under: Compilations — admin @ 9:59 am

TECHNICAL

The Mortgage & The Note
http://blog.123notary.com/?p=13203

The signature name affidavit
http://blog.123notary.com/?p=13190

Unique phrases from the Ninja course
http://blog.123notary.com/?p=14690

Loan Signing FAQ’s that borrowers ask
http://blog.123notary.com/?p=15457

10 tight points on loose certificates
http://blog.123notary.com/?p=15449

Do you use a notary embosser?
http://blog.123notary.com/?p=15126

Your signature needs work
http://blog.123notary.com/?p=15051

Filling out your journal before the appointment?
http://blog.123notary.com/?p=15354

When to ask for ID over the phone & fees at the door
http://blog.123notary.com/?p=15282

MARKETING

Best blog articles for advanced notaries
http://blog.123notary.com/?p=14736

How much more does a 123notary certified signer make?
http://blog.123notary.com/?p=15392

What’s the difference between a listing getting 16 clicks / month and 100+?
http://blog.123notary.com/?p=13185

Pleasant companies who are pleasant to work for
http://blog.123notary.com/?p=13099

Websites from some of our best notaries!
http://blog.123notary.com/?p=14677

Trip + Notary Fee = Payment
http://blog.123notary.com/?p=13596

Augmenting your skill set to make more money as an NSA!
http://blog.123notary.com/?p=14150

Here is an easy way to make $4000 more per year
http://blog.123notary.com/?p=14162

$40 for a signing 72 miles away?
http://blog.123notary.com/?p=14959

Should travel fees be flat?
http://blog.123notary.com/?p=15402

STORIES

Signing Stream makes notaries sign a contract that they won’t write
anything on forums
http://blog.123notary.com/?p=13640

Notary etiquette from Athiest to Zombie
http://blog.123notary.com/?p=13718

Deceptive fax backs, the good old bait and switch tactic
http://blog.123notary.com/?p=14040

I was forged
http://blog.123notary.com/?p=13659

A notary enters the Shark Tank
http://blog.123notary.com/?p=14088

Signing of the Absurd
http://blog.123notary.com/?p=14919

Don’t call title or borrower
http://blog.123notary.com/?p=15066

Have you ever been tempted not to go into a borrowers house?
http://blog.123notary.com/?p=15369

COMEDY

Best notary comedy compilation
http://blog.123notary.com/?p=15957

Compilation of notary sit-com episodes!
http://blog.123notary.com/?p=15949

Honey you can kiss my app!
http://blog.123notary.com/?p=14902

Jane the Virgin Notary
http://blog.123notary.com/?p=14899

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February 16, 2020

2013 compilation of best blog posts

Filed under: Compilations — admin @ 9:53 am

Here are my favorite blog posts from 2013

MARKETING

Companies that will hire NEW signers!
http://blog.123notary.com/?p=7059

We should be setting the fees, not the other way around!
http://blog.123notary.com/?p=3249

From 3 jobs per week to 3 jobs per day
http://blog.123notary.com/?p=3940

$10,000 per month on a bad month
http://blog.123notary.com/?p=3891

10 changes to your notes that double your calls!
http://blog.123notary.com/?p=4499

123notary elite certification, what is it all about?
http://blog.123notary.com/?p=8531

STORIES

The war between men and women notaries
http://blog.123notary.com/?p=3693

Mistakes notaries make with title companies
http://blog.123notary.com/?p=4412

A detailed look at the ninja course
http://blog.123notary.com/?p=4621

7 ways to use Facebook to market your notary services
http://blog.123notary.com/?p=5396

Getting what is due, a clever plan
http://blog.123notary.com/?p=3221

Interview with a Title company
http://blog.123notary.com/?p=3724

Notary quotes of the day
http://blog.123notary.com/?p=4011

Interview with Title Course
http://blog.123notary.com/?p=6553

Notary Jokes
http://blog.123notary.com/?p=8471

TECHNICAL

Signing Agent best practices 63 points
http://blog.123notary.com/?p=4315

How to write a notes section if you have no experience
http://blog.123notary.com/?p=4173

Signature name affidavit: Not a substitute for an ID
http://blog.123notary.com/?p=3823

Notary journals from A to Z
http://blog.123notary.com/?p=8348

Notary Seal information from A to Z
http://blog.123notary.com/?p=8337

What tasks can I do worth $1000 per minute?
http://blog.123notary.com/?p=4113

Identification requirements for being notarized
http://blog.123notary.com/?p=4299

Why notaries don’t last
http://blog.123notary.com/?p=4087

When is it legal to notarize a document twice
http://blog.123notary.com/?p=4305

How to get something notarized that doesn’t have a signature
http://blog.123notary.com/?p=4695

How to explain the APR to a non-borrowing spouse?
http://blog.123notary.com/?p=4455

Why do I have to sign with our middle initial?
http://blog.123notary.com/?p=4452

What is a notary public?
http://blog.123notary.com/?p=6498

Optional information on an Acknowledgment certificate
http://blog.123notary.com/?p=4407

Industry standards in the notary business
http://blog.123notary.com/?p=4370

How to get something notarized if you don’t have ID
http://blog.123notary.com/?p=4692

Notary fines and notary penalties
http://blog.123notary.com/?p=6903

Can you notarize someone’s initials
http://blog.123notary.com/?p=8269

Who are the parties involved in a Power of Attorney?
http://blog.123notary.com/?p=6738

Does Real Estate experience help as a notary?
http://blog.123notary.com/?p=4563

Common mistakes with the 1003, Crossing out the RTC, TIL & APR
http://blog.123notary.com/?p=4553

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