I have started asking questions that intentionally lead you into going off on an unnecessary and illogical tangent. Notaries go on tangents all the time. So, if I have multiple choice answers or questions that would lead an illogical person off track, I get to see who is on the ball and who is not. Here is a scenario that I ask about a lot.
An Affiant appears before a Notary and asks for an Oath on a document that says, “I live in Delaware.”
The Notary declined the job because the Notary is an Illinois Notary, and not a Delaware Notary. What did the Notary do wrong and what should the notary have done?
COMMON ANSWERS
1. The Notary should have checked the ID.
If you are going to decline a Notary job, checking ID will not help. If your state requires identification for Oaths (most if not all probably do although I don’t know that for a fact) then identify the person and keep a journal entry.
2. Just change the venue to Illinois.
The document has no venue. It just says, “I live in Delaware.” The word Delaware is part of a statement and not a venue. If your state requires a certificate for Oaths, the certificate would have a venue, but most states do not have certificates for Oaths. No certificate = no venue.
3. He should look up Delaware wording
There is no state specific wording for Oaths in any state that I have heard of. Check your handbook for a real answer as I am not educated in state notary law although I read ALL the handbooks from all states regularly. An Oath is just an Oath and the notary or signer have the freedom to word it and craft it as they see logical and appropriate.
4. He should use Illinois wording on the Oath.
Once again, you do have to follow the notary laws in your state regardless of where a document is going to be recorded or where the custodian of the document is located. However, the document is NOT a Delaware document. It is a document that has no location at all — it merely states that the Affiant lives in Delaware.
5. The Notary should say, “Do you solemnly swear that you live at such and such an address in Delaware so help you God?”
This Notary is adding content that is not on the document. You can’t do that. Just administer an Oath as to the content of the document.
6. Add a Jurat
In this question you are giving an Oath only if you follow instructions. Oaths do not have Jurats, but Jurats have Oaths or Affirmations. You were not given permission to add a Jurat either, and might be considered UPL to choose the Notary act on behalf of the Affiant.
7. Just give an Oath.
The correct answer is to just give an Oath based on the content of the document. There is no state specific wording necessary. You could say, “Do you solemnly swear that the contents of this document are true and correct?” Then the Affiant must say, “I do.”
This question is really an easy question that tests whether you do your job, or get sidetracked by inconsequential details. You would be surprised at how many notaries just cannot do their job the minute they get distracted by something tiny that throws them off.
