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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Subscribing witnesses explained
http://blog.123notary.com/?p=16707
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http://blog.123notary.com/?p=16683
Bounced Checks, Collection Agencies, FBI reports: Learn which companies are involved!
Bounced Checks, Collection Agencies, FBI reports…
For some of you, this is old information that you have already been following. However, many notaries do not have time to read everything that goes on on the forum, and this news about signing companies will be of interest and a convenience to them! It is hard for me to keep up with what is going on on the forums on a daily basis, but I have noticed that a lot of bad things happened in September 2011. There were a few loan signing companies that had a reasonable reputation that suddenly stopped paying notaries. One or more companies was reported to be out of business. I am going to summarize the more important events of the last month or two here. I will only mention the more noteworthy signing companies here.
All Service Notary & Signings
Sept 16 – A notary gives up on trying to collect their bill and hands it over to a collection agency. Additionally, this notary reports the signing company to a credit bureau! Another notary reports trouble getting paid from this company. A third notary says, that after a long time, they finally received their check — but, that was in early August. The situation looks like it has deteriorated since then.
CRES Closers
One notary says that they are the BEST to work for! Another says they met his fee and that they were great to work for. A third notary claims that they sent payment super fast! Wow, it is nice to hear good things about a signing company these days!
Equifax Settlement Services
One notary got paid, but says the company says that they will take THREE MONTHS to pay for jobs in the future because they have to wait until the loans fund. Another notary discusses the letter they sent to the BBB about this company. A third notary discusses the difference in what this company offers different notaries for the same work. One gets $85, while another is offered $125!
FASS – First American Signature Services
Notaries are complaining, but not about payment issues. One notary was taken off the list because FASS found a less expensive notary. Back in 2010, FASS took over service for a big Title company and dropped the notary who had been servicing the signings for that Title company. Another notary feels that they were treated rudely after some sort of argument about “quality issues”. Although there is a lot of complaining going on here, I don’t see any wrongdoing on the part of FASS. They are just shopping around to find the best notaries for them — and trying to get high quality service as well. America is a free country and nobody is obligated to keep the same notary for life.
Final Link
Three notaries have complained that this company doesn’t do a good job of getting back to people. Not returning calls, etc.
First Preference Signing
Four notaries all claim in unison that this is the best company that they have ever worked for.
Harvard Abstract
Three notaries are claiming that this company is easy to work for and that they pay quickly.
HVR Notaries
Two notaries claim that this is a good company to work for. One says, “They met my fee”, which is a very good sign these days with all the low balling.
Insured Closings
Notaries claim that there have been several reports of BOUNCED CHECKS from this company. Watch out!
National Loan Closers
This company is reported to be asking for $25 to keep notaries on their list. This is causing a lot of disturbance in the notary world. Notaries feel that companies should be paying them, and not vice versa.
Nations Direct
We have gotten many complaints about low-balling and micromanagement. One notary’s signing was interrupted by a phone call, where she was asked if she was using a blue pen. On the other hand, it is prudent for a signing company who uses many newer notaries to call and check up on people. Obviously, many of the notaries they hired screwed up and ruined many loans which is the reason for all of the babysitting. Please try to look at things from the signing company’s perspective. They are trying to get the job done. Also see: Nations Direct has been around for more than a decade!
Nowclosings.com
Many notaries are claiming that this is one of the BEST signing companies they have ever worked for.
N3 Notary
A few notaries are complaining that company has badgered them too much during their signings.
Pacific Document Services
Checks that they sent out have allegedly gotten LOST in the mail. One notary has filed an official complaint with the FBI to try to get this company shut down. Another notary received a check that BOUNCED. This is one of the most serious cases I have seen all year! The opinions expressed here are the opinions of particular notaries and not of 123notary.com.
Safir Signing Agents
Multiple notaries are complaining about no-pay and SLOW-PAY.
Service Link
This company has lowered their fees, and we have had many complaints from notaries about LOW-BALLING from this company.
Superior Closings
The people that run this company have been functioning under four different business names over the course of time. They are reported to be out of business now.
The Notary Biz
Many notaries are discussing whether or not this company is still in business. One notary had a discussion with the owner who claimed that they were no longer in business.
The R&R Group
Several notaries are complaining about non-payment, and one is owed $375 by this company
Trans State Services
Many notaries are really happy with this company. Good working conditions and timely pay!
Vital Signings
This company has a good payment record, but many notaries are complaining that there are too many steps involved in the signing process and a lot of babysitting.
Tweets:
(1) Here is a list of companies that bounced checks, had FBI reports, or were notorious late payers to notaries!