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November 22, 2016

Definition of Oath

This article deals with Oaths in general as well as how Oaths are significant in the Notary Profession.

What is an Oath?
An Oath is a solemn and formal statement of fact or promise that is worded in a sacred or official way. An Oath is a formalized vow normally taken before others in a formal situation.

Types of Oaths
It is common for people to take an Oath or swear under Oath when becoming a public official which would be called being sworn into office. People also take Oaths when they get married or when they are sworn into court as a defendant, plaintiff, Attorney, witness or juror. People take an Oath of citizenship when becoming a citizen. Those in the medical profession take a hippocratic Oath. But, zookeepers do not need to take a rhinocratic Oath contrary to popular belief.

Hand Gestures
It is common in the United States for people to raise their right hand with their palm facing forward at the beginning of an Oath proceeding. Different parts of the world might have different hand gestures or no hand gestures.

Some People Refuse Oaths
Some Christians refuse to swear under Oath as they always tell the truth (or claim to.) They seem to not understand that the purpose of the Oath is not to prove to themselves that they are telling the truth, but to impress upon others that they are — while the others might not have the same opinion as to the integrity of the affiant. The Notary profession now allows for Affirmations instead of Oaths for those religious people who don’t believe in oaths.

Affirmations
An Affirmation is a formal statement that currently carries the same and identical weight and meaning as an Oath. A Notary Public can swear someone in using an Affirmation instead of an Oath merely by substituting verbiage. Instead of saying, “Do you solemnly swear that this document is true and correct?” you could say, “Do you solemnly affirm that this document is true and correct?”

Affiant
An affiant is the person who swears under Oath typically in a written statement called an Affidavit.

Affidavit
An Affidavit is a written document, often a legal document where the Affiant swears before a Notary Public as to the truthfulness of the document.

Jurat
A Jurat is an official Notary act where the affiant swears under Oath to the truthfulness of a written statement or document. Some Jurats have handwritten statements written by the signer who is also the affiant. Others are drafted up by an Attorney, government or professional agency.

Notarial Oath
Jurats are not the only Notary act that can have an Oath. Notaries use Oaths in many aspects of their work. Notaries take an Oath of Office to get sworn into duty when their commission begins. Notaries routinely swear in Credible Witnesses who are used to identify a signer who doesn’t have identification. Notaries swear in Subscribing Witnesses as well who witness people signing a document. There are also just plain Oaths that Notaries administer. The Oath might not be written or recorded. If Notary administers an Oath, they should indicate in their journal that they gave an Oath regarding a particular subject and have the Oath taker (affiant) sign the journal in that corresponding entry.

Acknowledgments with Oaths
Acknowledged signatures normally do not have Oaths, but they could have an accompanying Oath. Acknowledgments allow the signer to sign before they see the Notary Public. However, the Oath would have to be taken in the presence of a Notary Public.

Oaths in Mortgage Loan Signings
Mortgage loan signings normally contain several affidavits such as the Signature Affidavit which requires a sworn Oath. So, if you perform Loan Signings, be prepared to be an expert at the art of Oath giving.

Question
If Physicians take a Hippocratic Oath, what type of profession would take a Rhinocratic Oath?

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September 25, 2016

Foreign Intrigue

Foreign Intrigue

Chances are 95% of your notarizations are for use in the USA. Every now and then along comes a request to notarize a document destined to be used in a different country. Documents prepared outside of the USA present special requirements. I have processed many. They range from being in a foreign language, to ones in English. They virtually never have a useable notary section. The usual procedure is to slap on an acknowledgement, the wording taken from the state notary manual. That’s fine; it’s certainly a legal notarization. But will it fly in the destination country?

A State issued Apostille is generally added, procedures vary by state. They either issue an Apostille or a Certification; depending on the target country’s ratification status with The Hague. Is it complete? Perhaps, but often there is more work to do. China, for example requires the addition of their “tax stamp” for the document to be used in their country. That procedure entails, at the NYC location; an application form, a complete (and they do a page by page check) copy of the document. As the NY State added Apostille is affixed with a tamper resistant “grommet” it’s hard to photocopy the underlying pages. It’s best to, just prior to the Apostille step; photocopy everything – then when the Apostille is added – photocopy the top page. China offers a variety of “service levels”, same day, three day and a week; with varying fees. I have gone there to find them closed; causing my prior commitment for delivery to be thwarted; I did not know they had both US and China holidays “off”.

Another example is Brazil. They are very strict as to how the document is bound. One of my projects was over two hundred pages. I could not find a stapler with that capacity. My submission for their “tax stamp” was rejected initially. The document had to be bound, just like a book; for them to accept it. Sometimes there are genuinely nice surprises. The waiting room at the Brazilian Embassy has an urn with the most wonderful coffee, no charge. Hope you like your coffee without milk or sugar – none is available.

Other countries have their own specifications. Some want every page to have a notary stamp, bound or not. Some go a step further and require embossing on each page. At least one requires the original passport of the affiant to be shown, actually left with them till the time of pickup. Some folks just don’t like leaving me their passport for a few days; but unless they go to the Embassy, they have no choice.

One has to start with a state compliant notarization to obtain a state issued apostille. But how about the notary section on the original document? Many destinations also require their “notary section” to also be completed. This can be a real problem. I often run into this situation with European “proof of life” documents whereby pensioners must annually submit proof they are still alive. This is a bit of a dilemma. For the German authorities to accept it – their “notary section” must also be completed. But, I am not fluent in that language. It’s quite a leap of faith to sign on a line, when the above text; and the writing under the line are in German! Am I declaring that I am an attorney? Or worse? Scanning the document and using translation software is one approach. Or, an impartial translator; but not the affiant!

There are 190+ sovereign countries in the world. I have been handed what the affiant purported to be a Latvian divorce application and asked if the form met all requirements for use in Latvia! Clearly way above my pay grade. The key point is to document your responsibilities, in writing; clearly stating that you are unable to guarantee suitability for purpose. Also, clearly state what you are able to do. Refer them to legal services where the document is destined to be used. Don’t assume, don’t guess. Either have your client explicitly state your duties, in an email; or offer to research, for a fee; what is needed.

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September 18, 2016

He, She, or They?

He She or They

Jeremy and others have often mentioned the “requirement” (in quotes because the laws regarding this issue probably vary by state) to cross out the irrelevant sections in a notary section. They reason that the notary is responsible to redact entries that do not “match” the person being notarized. I disagree.

In the thousands of notary sections that have my signature and seal, over a decade of doing this; not a single one has had the redactions. Not one. And, I have never been “called to task” for not completing the section properly. There is no mention in New York State law requiring such action. The model for the Acknowledgement that I use has both “he she they” and “his her their”; and is taken directly from the handbook for NY notaries. My Jurat is even simpler: Sworn to and subscribed before me by _____.

Long before “gender identity” was a news topic I concluded that I was not the person to determine the gender of affiants. If I am not the one, who is? Well, the best answer is probably the affiant. However, some may consider a medical doctor more appropriate. It could also be a Judge. I do not see it as my function, in MY statement, to declare the gender of the affiant. Now the gender identity issue has become a hot topic in the media. To me it’s a personal issue, one for the affiant to declare or not declare as they see fit. Whatever gender identity THEY say, outside of the notary section; is fine with me.

My sharp eyed critics, and they are legion; will have noticed I included “they and their” as items that I do not redact. They are thinking “surely you should delimit the notary section to one individual when multiple names are not being notarized”. Perhaps, but I offer two defenses to leaving it as is. First, the sole name, when there is only one affiant signing, is clearly entered in the notarization. Secondly, and admittedly this is a bit of a “reach” – the affiant might identify as being of dual identity. One ID, but they consider themselves two persons. Possibly one gender sometimes, different other times. Technically it’s proper for me to enter two names in the notary section when only one person is before me and taking the oath. This comes directly from the NY County Clerk office. If the affiant has two passports with a different name on each document – they have “proved” both names and “they” have the option of having each name entered on the notary section.

With the rampant rise of identity theft and similar crimes; the role of the notary has become more, not less, important in commerce. More important yes, but not of greater scope in our basic function. Many are the “notary signature only” documents I have seen included with the packages. Fortunately for me it is illegal in NY as a notary; to make statements of fact. The most common being for me to state that I have determined the identity of the affiant(s) to an absolute certainty. The State standard is to view “adequate proof” – not absolute proof. These statements by the notary will only admit you to the litigation chain if, in fact, you were conned by a good looking forgery of the ID.

But, let’s get back to the gender issue. A person is a person, nobody will refute that. We notarize people, they come in a wide variety – and it’s our job to accommodate all of them; within the bounds of our respective state codes. I leave my notarizations “open” to be all inclusive. It’s for others to decide issues of gender. It’s so easy to make false assumptions. I have asked the Sister of the affiant to sign on the Spouse line. Ouch, that was awkward for a moment. Clearly including the name, as taken from the ID is what works for me. Of course care should be taken to not provide an “open ended” notarization to which some additional name(s) can be added at a later date. As the County Clerk told me: “You notarize the name as on the ID, nothing else”. Thus, I make no determination as to he, she, or they, and leave the form alone.

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Notary certificates and Notary verbiage
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May 24, 2016

Disgusting – Nobody wanted the Notary Job

Disgusting – Nobody wanted the Notary Job
I write this with a combination of sadness and rage. First, let me clear up the use of the word disgusting. That refers to the “so called” “Notaries” who flat out refused the assignment that will be the topic of this entry. I hope some of them will read this blog entry and, perhaps, change their ways.
The call was from a distant location, one that would require double my local fee. Initially, prior to learning the details, I informed the caller about 123notary and Notary Rotary. I suggested they search using their zip code to find a closer agent who could process their job more efficiently and at a lower fee. About an hour later they call back to report that none of the “Notaries” they contacted would accept the assignment. Intrigued, I asked why.

The job entailed 4 one page documents, and a 12 page document. All were to be notarized. So far, routine. However the affiant was both blind and partially disabled. The affiant had already had the documents read aloud, and was totally able to understand the contents. They related to investments. Not wanting to work for someone who has perfect ID and is rational (actually highly intelligent) is, IMHO a notary sin. The MINOR limitations could be accommodated and the notarizations could proceed quite legally.

I established some “ground rules” to protect the affiant. While I was in route to the location the documents were to be read aloud – slowly. Every word. I was informed he could sign if the arm was supported – the affiant was able to use his hand to sign. Each document contained a statement by the “reader” as to reading the complete text aloud. I required that this take place prior to my arrival, and again in my presence. That process added an hour, of course at no additional charge. The appointment was confirmed and I began the lengthy journey.

I met a person who awed me. Not being the least bit negative as to physical condition. Cheerful, bright and witty were the initial impressions. Only later did I learn the depth of intelligence. My client was an investing genius. What Stephen Hawking is to science, my client was to investing. I felt an inner glow when my client told me that my fee for travel was fair; and it was understood that the extra time the procedure took was not part of the fee. How kind it was to hear that spoken.

I was told that the documents were already completely understood; and that my insistence at being present for an additional reading was both appreciated and unnecessary. I’m passably intelligent, but I know enough to appreciate the vastly superior intellect before me. With the formalities completed, double and triple checked; we chatted a few minutes. We discussed the notary function, and I was able to cover some of the regulations and procedures mandated by NY State law. The conversation turned to investing and market trends related to the upcoming (2016) elections. I learned a lot.

To the heartless, self centered, poor excuse for a “Notary” who dismissed this assignment; I say “shame on you”. Not only did you miss an EASY job, but you also missed some very useful investing advice that is sure to yield me profits far greater than a mobile notary fee. Back to that fee. I did consider charging my local rate. But, that would be treating this client “differently”, and bringing up the subject might be viewed a pity; something neither needed nor appropriate.

Some might consider my client “handicapped” or think (to themselves) “there but for the grace of God go I”. I prefer to think it’s a routine assignment, costly due to distance, lengthy because we are all different; and important because we are all human.

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July 28, 2015

Milk – The Affiant’s Phone Number

Milk, the common initial nutrient; be it human, whale or squirrel. This life giving liquid provides all essentials for the newborn. Whatever the biological need, be it vitamins, minerals, protein or whatever, it’s all there for the assimilation. What’s that got to do with notary work? Well, that will be covered, by analogy; referring to the information needs of the notary.

I just wasted time and supplies on what turned to a “dud”. The signing was for a significant amount; and the client was a regular. It was to be held at a rather high class “private client” location; a super high floor in a luxury office tower. Knowing my client well, I only glanced at the confirmation to be sure of essential information. Note the word “glanced”.

The docs were going to be available at the bank, however; a set was sent to me to review. Nice. Being a “belt and suspenders” kinda guy, I printed a set. I know the personnel who work with the bigga buck deals are smart; not likely to lose docs. It was only 50 something pages. To my delight, I noticed only a single notarization would be required. The fee was generous. White Glove treatment truly applies here; not to silly titles bestowed by the bottom fishers on the gullible.

We have all seen variations on the “Got Milk” advertisement. We all know it’s good for us. To me the “Milk” of notary information is the phone number of the person you will notarize. Their personal cell, not the switchboard “gate keepers” charged with protecting their executives from excessive calls. The ability to directly contact the affiant can lead to all other essential information. Exactly the same as the nursing mammal receives its needs.

Recall that I “glanced” at the confirmation. Well, it contained only the official e-mail “signature” of the bank officer handling the signing, as the contact info. They could not be reached; and there was the little matter of the announced “Blizzard Warning” (very, very rare) for New York City! It was an early AM job and I wanted to know if the affiant would be able to attend. Calling, the bank both after hours, and in the early AM; yielded the ever present voice mail. I did not “Got Milk”; if I had that golden bit of notary information I could have just called the affiant and asked directly.

The signing was, of course, cancelled; perhaps some other time…… The docs went into the shredder and the calendar entry precluded a different offer – it’s happened to all of us. And it will happen again. Lacking the “milk of notary information” I could not avoid a no-show trip. That’s only one aspect of the nutrients in the milk of information.

Ever go to a typo address? They send you to 457 when the building is 547. The clericals who try to inform us are human; they make mistakes; so do we. But having the one item from which all other information can flow is essential. You can verify the information on the confirmation. It’s also good to speak to be sure they speak your language. That has happened to me. I arrive and the couple do not speak a word of English. My decades ago High School French failed me completely.

If I recall correctly, type “O” blood is the “universal donor”, it can be transfused into virtually anyone. “AB” is the universal recipient. In addition to the nutrients of milk, the affiant phone number is the type “O” of information; they know everything that anyone needs to know about the logistics of the signing location. Stop being treated as a “milkless” (clueless) notary. Similarly, when you operate as a type “AB” taking information from everyone, often conflicting; confusion will follow.

.

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July 14, 2015

Certified Copy of an Apostille?

Filed under: Ken Edelstein,Technical & Legal — Tags: , — admin @ 10:00 am

Certified Copy of an Apostille?
Sometimes I am in awe of the machinations suggested to reduce notary fees. I have just been asked to process a college degree with an Apostille. Routine. However, the client also has asked me to additionally prepare a “certified copy” of the Apostille bearing document! Of course this is totally illegal; and it’s worthwhile to explore the issues involved.

“Student Copies” of educational related documents (degrees, transcripts, etc.) are illegal to notarize in New York State. Photocopies do not include the anti-tamper protections commonly incorporated into the original documents. “Photoshop Magicians” have been known to change the grades; raising their grade point average from a dismal 2.5 to a laudable 3.7. All done with just a few clicks of the mouse. Worse, there have been cases where only the name is changed on the degree – instant college education!

To put an end to this fraud, New York State has added educational related documents to the list of “copy may not be notarized” documents. Already on that list are Birth, Death, Marriage, Divorce and some other officially issued documents. With educational related documents, it is the Principal or Registrar who is the only authority to sign and be notarized. Their signature is on an original, even if it duplicates a prior issuance. Degrees are generally issued for Apostille processing as a letter, signed and notarized – attached to the actual degree. Both should contain the raised seal of the issuing institution.

Now to follow the processing trail. I notarize the signature of the Registrar on the letter with attached degree. My signature is authenticated by the State of New York and the signature of the County Clerk is added; attesting to my “good” standing as a New York State Notary. Then the document goes to the Department of State to receive an Apostille, after the signature of the New York County Clerk is verified. Finally the Apostille is added; with a tamper proof, non-removable grommet, such that pages cannot be added or removed.

The package now contains many signatures: The Registrar, the Notary, the County Clerk and the Secretary of State of the State of New York. Each one has added, in addition to their signature either a raised seal, or some other tamper resistant protection. It is for that reason that the package is acceptable for use in other countries.

Now comes a request for me, the humble notary to “certify” a copy of the entire package! It’s not even easy to make a copy because of the grommet holding the pages together. The only way to make a copy is to fold the prior pages “out of the way” leaving the grommet at the top left intact.

The photocopy would be a mess, and look it. But, it is technically possible; with parts of the underlying documents “cut off” because the non-removable grommet blocks the photocopying. OK, now http://kenneth-a-edelstein.com has a “somewhat” complete copy. How can I “certify” the copy? First, it’s illegal in New York State for a notary to certify ANY copy, only the owner of the document can make a statement that the copy is complete and unaltered; assuming it’s not on the “no photocopy” list. It’s common to notarize a photocopy of an electric bill to be part of proof of residency. But, it’s a long step from electric bill (with affiant present) to educational degree with Apostille attached and no affiant. The only legal way would be to do the complete job twice.

.

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June 12, 2014

When you goof

Any Vulcans or Androids reading this? As these characters on Startrek embody perfection; they have no need to read further. Oh? You’re human – then read on because as certain as death and taxes you will make a mistake when you notarize on a regular basis. Only do one notarization a year? Chances are that if you are reading blogs here on 123notary.com you will get those rare events perfect. But, for the rest of us; the many thousand details annually virtually guarantee some errors.

The gotchas come from far and wide. I always look at my watch to verify the date; every time. And, my watch is right “most of the time”. The date changes every 24 hours to the next number ranging from 1 to 31. But, alas, my watch does not know which months have less than 31 days. It’s not too hard to imagine an entry on a loose ack of Sept 31! Some names are lengthy and to many, difficult to spell. Even when copying directly from the driver license it’s easy to transpose a letter or two. Magicians use “misdirection” to direct your attention away from what they are really doing. In an “attention diverted” situation; resuming what you were doing requires extreme care.

You can defend against virtually all errors by learning how to double check your work. It’s not as easy as it sounds. An error made the first time; will probably look “just as correct” the second time. When it comes to double checking, the safety expression “Speed Kills” sums it up perfectly. You cannot really do that verification of your work if you go “more quickly” than when you did it the first time. Actually, because you tend to “see what you want to see” – you really have to go much slower to check your work, compared to the time it took you to do the work.

Let’s assume that one slipped past your most diligent double check, what now? It’s a widely known fact that the “fix it” fairy exists, and with pixie dust plus a stroke of the pen; often “makes it right”. Many “up the food chain” don’t want to go through the proper procedures to redo. Those un-named processors just fix it. Illegal? Sure. But as the kids often say “do do do happen”. You will never know if you submitted perfect work or had an “assist”.

However, eventually you will get the call. “There is a problem with what you sent us”. If you have a high speed scanner and bothered to make a complete copy of the file, you can take a look and see if it was indeed your error. There is a good chance they are referring to the page they forgot to send to you. To prove this you need to be able to look at the file that arrived in your in box. Hmmmm, no such document was sent to you –and- you can prove it. Perhaps they claim you did not notarize the Mortgage. For that you need to look at the complete scan of the file you shipped back. There is a good chance that someone on the receiving end just lost the page. Thus, you need records of your input and your output to determine if you actually did goof.

Looking at the file you submitted, it is clear you missed the initials on one page. True it was a subtle miss, as the field was in the middle of the page; a spot easily overlooked. You now can defend your actions by being silly, claiming that they did not highlight the unusual but required location. Or, you can show professionalism and offer to do whatever is necessary to make amends. The policy of http://kenneth-a-edelstein.com is to make a “fix” my highest priority. It’s rare but when it happens I fix it very fast, and ship priority with a charge to my personal FedEx account.

It is times like this that many notaries truly “show their “tail feathers”” by making various lame excuses. They don’t want to hear anything other than how you plan to “make it right”. Telling them about the distractions from the howling dog, the bad lighting, or the cramped table is foolishness; and makes you look like a buffoon. Taking ownership of the problem and vowing to do whatever is necessary to make amends is the only correct response. If you have to take a taxi to the affiant, print at a Kinkos, and wait 2 hours for the signer who is in a meeting prior to going home; that’s exactly what you must do. And do it cheerfully; knowing your reputation is on the line.

Those who depended on you know that all errors cannot be avoided. Now it’s your attitude and zeal to make amends that will determine whether you keep or lose a client. Turn that “goof” into a “nice recovery” and be a hero.

Tweets:
(1) Chances are: if you’re reading blogs here on 123notary.com you will do your notarizations perfectly!
(2) You can defend against virtually all notary errors by learning how to double check your work
(3) When you scan your work to double check, do you know what to look for?
(4) You need to keep meticulous records to determine whose at fault if there’s a mistake!
(5) Everyone makes mistakes, it’s how willing you are to make amends for them that determine your success w/clients.

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February 24, 2014

A social media site for Notaries — Affiant

For centuries, notaries have been complaining that they were bored, and had trouble meeting friends. They frequently said that they had no friends because there was nowhere to meet people. Then, during the 60’s, there were the be ins, and the love ins and the sign ins. During that decade, the notary public community didn’t complain as much because they were too high to know the difference. But, then in the 10’s (I’m the first person to call this decade the 10’s), notaries once again felt very lonely. If only there were a solution. If only there were a social media site for notaries. Of course the real reason notaries are lonely is because they complain all the time and nobody wants to hang around with them as a result. The second reason nobody hangs around with notaries, is that most notaries don’t answer their phone (at least when we call). But, one guy came up with the solution!

Affiant — a social media site for notaries

Meet new friends on Affiant. Affiant is so good, you will SWEAR BY IT. Members on this site are called Affiants. You can not be a member unless you love the site so much that you swear by it. After all, one who is sworn in to do an Oath, be definition is an Affiant!

Notaries around the country, and even in foreign countries flocked to this new and fascinating site. There were forums, events, lectures, guest speakers and more that all coordinated on Affiant.

How do you become a member of Affiant? The sign-up procedure is easy. You need to be sworn in with a notarized Oath. The Oath verbiage reads:

“I solemnly swear that I swear by Affiant. I think Affiant is so wonderful and great, that it is the best thing that ever happened to the notary — besides 123notary — and nobody paid me to mention the 123notary part either!”

Join Affiant today!

Tweets:
(1) For centuries, notaries have been complaining that they are bored & have trouble meeting friends.
(2) During the 60’s there were the be ins, love ins and sign ins (for hippy notaries)
(3) Notaries complain they’re bored & have trouble making friends
Now there’s “Affiant,” a social media site 4notaries!
(4) Meet new friends on Affiant – a social media site for notaries. Affiant is so good, you’ll SWEAR BY IT.

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November 16, 2013

Notarizing Yoda in, “The Secretary of State Strikes Back”

We had a tweet about a notary trilogy. There was:

Notary Wars
The Secretary of State Strikes Back
Return of the NNA — with discounted prices on Journals.

People liked the tweet. But, in The Secretary of State Strikes Back, Luke has to get commissioned as an intergallactic notary and go to notarize Yoda. Unfortunately, the trip to see Yoda was filled with unexpected perils including a crash landing in a swamp. After the crash, Luke tries to get C3PO back together and find his signer / Affiant.

Yoda: What are you looking for?
Luke: I’m looking for a person named Yoda.
Yoda: Looking you are; Look and you shall find!
Luke: I think I just did.
Yoda: What is your purpose here?
Luke: I need to notarize a signature for Yoda and give a sworn Oath to accompany the signature.
Yoda: Hmmmm, a signature you seek; A signature you shall find. Look around; Be watchful!
——— swoop!!! —————–
Luke: Oh my god, that bird almost took my head off.
Yoda: Always watchful, a Jedi Notary must be.
Luke: You’re telling me! In any case, I brought a laser printed copy of the document I need you to sign.
Yoda: Hmmm, laser printed you say. I thought this technology disappeared 800 years ago with the previous empire.
Luke: No, it’s still here, but now we need dual tray printers. For legal and illegal sized federation documents.
Yoda: I know not of these things. Relative isolation is the condition here. In nature I live, in nature I die. Hmmm.
Luke: Can you sign right here?
Yoda: Sign, I will. Wait, you must!
Luke: Hey, where are you going? Hey come back here! Oh no, now what did he do?
————– Luke looks for his signer, but can’t find him anywhere ———-
————- A voice from the distance says, “Use the force Luke, use the force” ———-
Luke: I’m trying to use the force. I know I can find this guy. He was just here a minute a/…. What was that.
Yoda: (appears from nowhere) Paying attention you were not. Danger is everywhere. Alert you must be. You are never thinking of WHAT you are doing and WHERE you are going. Hmmm? You must always be paying attention. What if you are witnessing a signer and your attention is distracted, hmm? Someone else might sign for him? Or his ID might be fake. Attention, you must pay, hmm.
Luke: I never thought of it like that. There is nobody else here.
Yoda: That is what you think.
Luke: Anyway, if you want me to notarize this document, please don’t run away again. Just sign here.
Yoda: Sign, I will. Attention you will pay this time!
Luke: Okay, please raise your right hand. Do you solemnly swear to tell the truth, the whole truth, and nothing but the truth?
Yoda: Solemnly swear — I do. The whole truth I will tell. Nothing, but the Truth!
Luke: Do you agree to, and will you abide by the conditions and terms in this document?
Yoda: Hmm. Written in Tatooine it is. Speak their dialect I do not. Translation is needed. Wait. I will use my powers of concentration and intuit the document. You translate, I will see if you translate correctly.
Luke: It is saying that you will submit to the rules of the New Federation. A few rules are stipulated below including the rules of transportation, etc.
Yoda: Hmmm. Their rules, I do not like. Choice, I do not have if I wish to live without a fight. Sign, I will.
Luke: Thanks Yoda. I will have this document recorded with the intergallactic recorder right away. C3 can send it virtually to them after scanning it, and I’ll get the actual physical document as well to them.
Yoda: Hmmm. Good. Our work is done. Pay attention — always. Never be caught off guard or a Jedi notary you will never be.
Luke: Thanks Yoda!

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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:

Notarizing an Affidavit for an Ax Murderer in San Ysidro
http://blog.123notary.com/?p=6448

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

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