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November 13, 2016

Notary Verbiage & Notary Wording

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 preprint 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

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January 22, 2014

We caught a bunch of frauds using notary verbiage

For most notaries, Notary verbiage is a cause for annoyance or confusion. Due to the poor quality of notary education in most states, notaries simply don’t know how to cross out the is/are and the unused “s” in signature(s) in the boiler plate notary wording. You can easily catch an amateur notary in the act or after the fact simply by looking at their cross outs. You can look at their journal of notarial acts and see if they are taking liberties or making omissions there too.

My notary seal impression was used fraudulently once. No, the notary seal was not stolen (don’t panic), it was just xeroxed with a high quality xerox machine onto another document that needed to be notarized in a hurry. The crime was actually done by a young lady working at a Title Company who made little circles to dot her i’s. Very post high school and ditsy if you ask me. The signature didn’t look at all like mine. But, besides all of these other stupidities, their fraud was easy to catch because they didn’t do their cross-outs in the Notary verbiage section! Additionally, they didn’t use an embosser to emboss every single page with a raise impression which cannot be xeroxed — which is exactly why I used it. If they had been more sophisticated frauds, my embosser would have been my only recourse to prove them guilty.

To my good fortune (or bad luck) I was never called into court to act as a witness. I don’t believe that the bad guys were seriously punished. Maybe they were reprimanded and promised never to do it again. A Title company could get completely shut down for that type of fraud if the right authorities ever found out. Don’t they value their future? Maybe not!

So, the moral of the story for you guys is to take your Notary verbiage seriously. That is what makes your profession a profession, and your ability to handle Notary wording defines your level of expertise.

Tweets:
(1) Due to the poor quality of notary education, notaries often don’t know how to cross out is/are, (ies), etc.
(2) A young lady who worked in title and made cute circles to dot her i’s Xeroxed my notary seal!
(3) Take your notary verbiage seriously, it might be the only thing that distinguishes you from a fraud!
(4) My notary seal was used fraudulently once! It was Xeroxed!

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The Notary, The Mafia & the FedEx Drop Box
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Fraud & Forgery related to the notary profession
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July 5, 2013

Notarizing a Name Affidavit

Most loan document packages include a name affidavit which could also be called a Signature Affidavit and AKA Statement. There are many variations for what this document is called.

Or, should I say that there are many NAME variations for what this document is called?

In any case, this document is notarized the same way that any other notarized document is notarized, EXCEPT, that the signer is signing more than once.

In the notary verbiage, there will be the word name(s) and signature(s) — typically, for a notarization of a single individual, the (s) will be crossed on in both cases. But, on the Signature Affidavit and AKA Statement, the (s)’s should NOT be crossed out as a single person will have multiple name variations, and multiple signatures — one signature per name.

If the signer is a jazz musician, then the Signature Affidavit and AKA Statement might get really long with all of the name variations.

Here is a sample of some of the interior notary verbiage in a California Notary Acknowledgment Certificate Form..

….. On _________ before me, ________________________________________,
(name of notary public )
personally appeared _____________________________________________
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and who acknowledged to me that he/she/they executed the same in their authorized capacity(ies), and by his/her/their signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument….

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March 27, 2012

Notary Boiler Plate Wording

Notary Boiler-Plate Wording
 
Notary wording and notary verbiage differs from state to state.  Ohio might have one type of official notary boiler-plate wording on acknowledgment certificates while California notary wording or Florida notary wording might be completely different. 
 
If you are a notary…
To find out what official notary verbiage is in your state for particular notary acts, you should ideally have acknowledgment certificate pads, as well as jurat certificate pads.
 
If you are not a notary, but need to have a document notarized…
The official notary wording from your state MIGHT be embedded in the signature section of the document already.  If not, an experienced notary in your state MIGHT (should) have official pads for common notary acts with the notary verbiage on it.
 
Is it important to have the right boiler plate wording?
Some states require exact wording, while most states require certain key pieces of information to be included in the wording.  The important facts generally are the date of the signing, the name of the notary, the name of the signer, the fact that the signer acknowledges signing the document, the fact the the signer appeared before the notary and proved his/her identity, the signature of the notary (also confusingly called a seal), and the official seal of the notary (stamp).
 
How to fill out notary certificate wording?
Leave this to the notary.  Any notary is supposed to know how to fill out the certificate wording. If you are a single man signing a document and the notary verbiage says he/her/their, then the notary is supposed to know to cross out the her and their, although many are so uneducated that they don’t cross out anything. 
 
Notary personally known wording
Many states no longer allow a notary to use personal knowledge of a signer to identify them. However, if your state allows you to identify a signer based on the signer being personally known to you, then you can indicate that on the notary wording and in your journal (if your state requires a journal).
 
Resource materials
 
California Notary Wording / California Notary Verbiage
 
Colorado Notary Wording / Colorado Acknowledgment Wording
 
Florida Notary Wording / Florida Notary Verbiage
 
Illinois Notary Wording / Illinois Notary Verbiage
 
Michigan Notary Wording / Michigan Notary Verbiage
 
Texas Notary Wording / Texas Notary Verbiage

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November 26, 2011

Notary Certificates, Notary Wording & Notary Verbiage

Notary Certificates,  Notary Verbiage & Notary Wording

Notary terminology is sometimes confusing, so there are a few things to remember.  There are different types of common notarizations.  Acknowledgments and Jurats require certificate wording (notary wording), and Oaths and Affirmations could be purely verbal.  A Jurat requires that an Oath or Affirmation accompany the signing and certificate wording (notary wording, notary verbiage).  An Acknowledgment is purely paperwork in most cases, however, I have seen even an Acknowledged signature have an accompanying Oath.  80% of notarizations are Acknowledged signatures, while roughly 19% are Jurats, and the remaining 1% would be a mixture of other types of less common notary acts.
 
Acknowledged Signatures
The 2011 & 2012 notary certificate for an acknowledged signature includes a venue (documentation of county & state), the name of the notary, the name of the signer, the fact that the signer appeared before the notary and acknowledged signing a particular document.  The current notary verbiage on this form should include the date of the signing, and the signature and official seal of the notary as well.  The actual notary verbiage differs from state to state.  California notary verbiage is a bit different than Ohio notary verbiage.  Also, Ohio has different types of acknowledgments such as corporate acknowledgments and an attorney in fact acknowledgment.  You should ideally research your state’s notary verbiage to see what it is.  If you visit our find a notary page, there are links to states, and on the state pages, you can find a lot of information about acknowledgments and jurats in those states.  We have detailed information for Florida, Illinois, Michigan, California, Arizona, Ohio, and a few other states as well.
 
Jurat Signatures
The notary certificate for a jurat signature / oath has changed in many states. It is/was normal to have a venue, and then say, “Subscribed and sworn to before me (name of notary) by (name of signer) on (date).”  Then there would be a signature of the notary, and a place for the official notary seal.  Jurat verbiage also can differ from state to state so please look it up on google. 
 
Certificate forms.
Notary certificates can be notary wording / notary verbiage that is embedded on the last page of a document, or sometimes within a document if there are intermediary signatures.  If the notarial wording is NOT included, you must add a loose certificate and attach it to the document (by stapling). 
 
Filling out the forms.
Many notaries don’t understand how to fill out notary wording on certificate forms.  Let’s say a guy named Paul Solomon is the signer.  If the form says,
 
(note: this is not real Florida notary wording — I am making it up for educational purposes)
In real life, the Florida notary certificate is much simpler than this, but in other states there are cross outs that the notary needs to make. 
 
State of Florida
County of Brevard
On 8-11-2010 before me John Doe, notary public, the foregoing document was acknowledged before me by Paul Solomon, who acknowledges signing the document in his/her/their capacity(ies).
 
(notary seal)
 
In this example, it is the notary’s job to cross out the “her” and “their”, and the “ies” in capacities.  More than half of notarizations that I have seen were done by notaries who omitted to do the cross-outs.

You might also like:

What information is in the body of an acknowledgment (March Phoninar)
http://blog.123notary.com/?p=4390

Notary boiler plate wording
http://blog.123notary.com/?p=2432

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November 22, 2011

Make your own notary certificate forms!

All the right words in all the right places
 
Many notaries call us and can’t find good notary forms.  We say, “You’ve been lookin’ for forms in all the wrong places, lookin for supplies in too many faces, searching the internet and looking for traces….”.  Honestly, we send many people to the NNA.  They make / sell excellent notary forms, supplies, journals, acknowledgment pads, jurat pads, bonds, etc.  But, what about the obvious alternative?  Forms are expensive, and acknowledgment pads and jurat pads are space consuming in your little notary bag, right?
 
Make your own
It’s not hard to typeset an acknowledgment form or Jurat form on your computer.  Just put your state notary verbiage or notary wording in the correct order, a venue, a place to sign and seal, or whatever your state requires.  You can photocopy this very cheaply at Kinko’s or wherever.  Make as many as you want.  Copying someone else’s copyrighted form is not legal, and not worth it.  You can’t copyright notary verbiage, and that works to your advantage!

There are other advantages in creating your own Acknowledgment Pads / Jurat Pads / Notary forms with your state notary verbiage too.
 
Branding?
If you create your own notary forms, and make them attractive, you can also put your notary company information and phone number at the bottom.  This is very smart branding.  Then, whenever anyone looks at how beautiful your notary forms are, they will think of you and call you too.  You could even put a company logo at the bottom of the form under the notary verbiage.   Times are tight these days, so you need every edge you can get, and this is not that much work to coordinate.
 
How much can you save?
Notary pads of professionally made forms can cost you $9 per notary pad more or less, plus tax and shipping.  It adds up.  If you buy in bulk, then you might get a slightly better price.  There are generally 100 certificates per pad.  How much would it cost to have 100 pieces of paper copied at a discount printing place?  If you did 500, you might be able to get away paying $10-15.  Or just print them out on your laserprinter, and print as many as you need, and when you need it.
 
Other forms?
I had a detailed permission to travel form for minors traveling with accompanying adults.  It was easier to do it with a form instead of writing it out for people each time. There is so much content that goes on that form.  BTW, in Florida, notaries should not offer to write documents.  The name of the child, who their parents are, who they are traveling with, when they were going, where they were going, and when they were coming back. I had signature lines for everyone and little places for thumbprints.  The feedback was that the security at the airport appreciated the thoroughness of the forms and my embosser’s impression.  Very professional!  They were probably used to handwritten confused looking letters and sick of it!
 
Designs?
If you have a good designer, you can add designs to the paperwork.  This is for full-time mobile notaries only.  It can get expensive using designers, but you will make a great impression if you have great stationary!  Think of your Jurat pad as a stack of resumes!

Tweets:
(1) You can purchase notary forms from the NNA, but if you make your own you can put your biz name & Phone #.
(2) If you make your own certificate forms, you can put your business name & phone number at the bottom!
(3) I used to make my own permission to travel for minors form with blanks for dates, names & thumbprints!

You might also like:

Everything you need to know about notary journals

Notary Acknowledgment Information

The signing from hell

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