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July 28, 2021

A Rabbi explains Notary Oaths & Affirmations

Filed under: General Stories — Tags: , , , — admin @ 5:24 am

Oaths and Affirmations have many religious overtones. The fact that God is mentioned in one and not the other is one aspect. The other gets into rules that resemble some of the rules for getting in an elevator during a kosher shabbat. Remember — some elevators are more kosher than others.

SUSIE: Rabbi, I heard that you can discuss how to do kosher notarizations. Can you elaborate in the case of Oaths?

RABBI NOTARIVICH: Yes. You see, (pauses, while pulling gently on his long and flowing beard) there are two types of solemn statements that could be made under the penalty of perjury to a Notary Public. One is an Oath, and the other is an Affirmation. The affirmation cannot be kosher because it doesn’t mention God. But, on the other hand the Oath is also perhaps not kosher because it makes you swear under Oath to God as a special act. This insinuates that under normal situations you would not necessarily tell the truth, but because you are engaged in a solemn ceremony with the Notary Public under the penalty of perjury that you will tell the truth. So, therefore neither solemn statement is kosher from that point of view.

On the other hand, for legal purposes we need such acts, otherwise, supposedly nothing could get done in the business world. And since we need to have sworn statements, it would be good if we did so under God, not solely for the purpose of swearing under God, but because those who engage in Affirmations seem to ignore God, disacknowledge God, dislike God, or dislike those who believe in him. So, Oaths would be more kosher than Affirmations relatively speaking although there is no formal standard, and technically a Notary act can neither be kosher, nor non-kosher.

However, on the third hand…

SUSIE: Rabbi, do you have three hands?

RABBI: Figuratively, I have infinite hands, it is a manner of speech. Anyway… So, on the third hand, there is another legal aspect which parallels with some of the ideology behind kosher elevators.

SUSIE: Does that mean you have to do a blessing on the elevator, or do a blessing while you are in the elevator, or the elevator needs to be milchik?

RABBI: If you ate meat, you definitely shouldn’t cook in a milchik elevator, but not so many people cook in an elevator unless they are really behind schedule. But, when a Notary is confronted with a client, the Notary may not choose the Notary act. They can explain the Notary acts and compare and contrast them but not choose them. The notary can ask if the client wants an Oath or Affirmation. Now, the case may arise where the Affiant is not the client. One party is paying for the notarization while another is being Notarized. This is common. So, which one chooses the Notary act. The answer is the one paying even if he chooses the wrong act for the situation. The document custodian if there is one might be wise to voice a preference as to what type of Notary act they will accept, as they can ultimately reject the notarization.

SUSIE: So, this is complicated, you have an affiant, a client, a custodian, a notary, AND a rabbi? What would happen if all of these entities went into a bar together? Or had to screw in a light bulb? What would happen?

RABBI: Easy. If the Rabbi was asked how to screw in the light bulb, he would want to spend at least 100 hours referencing sources in the scriptures and the midrashim to find suitable precedents for how to handle the situation. However, he would get nowhere because he wouldn’t be able to see without a functional lightbulb, so he would sit there in frustration and ultimately shrug his shoulders, say, “Oy gevalt”, and then leave. The document custodian would not be there so he could do nothing. The affiant would be a guest and would therefore do nothing. The client would be remote as well and would do nothing. The Notary would leave. However, the building custodian — a sixth entity would probably be the one to change the lightbulb, or the building manager, or whomever owns or manages the property.

SUSIE: That was complicated but makes sense. What if they went into a bar?

RABBI: The Rabbi would order a Manhattan, but would spent 20 minutes bothering the bartender as to whether or not the glass it was to be served in had even touched anything with dairy over the life of its existence and the bar tender would get annoyed and help someone else. The Notary would order a Santa Barbara Cabernet Sauvignon called, “Notary Public Red Blend”… yes, it actually exists, or something with the name Notary Public because the vineyard was owned by someone who used to be a Notary. The client would order a beer, and the affiant, would not want to swear under the influence so he would say, “I will have Ginger Ale”.

SUSIE: An interesting take on an old joke.

RABBI: So anyway, the client or the affiant if he is also the client chooses the type of notarization. We can compare choosing the notarization to pressing a button on an elevator or online menu. After all, with online notarizations, you would have to click a button to choose your notary act. On Shabbat which is from Friday sundown to Saturday sundown a person who is shomer shabbat (who follows the rules of kosher) cannot press an elevator button or turn on a light unless it is an emergency. However, a kosher elevator, stops on every floor, so you don’t have to press a button to call it nor do you have to press a button to choose what floor.

SUSIE: I feel sorry for kosher people who used to go to the world trade center, that used to have 200 floors. That would take four hours to get to the top if it stopped at every floor and by then shabbat would be half over.

RABBI: A good point.

ANSWERING QUICK QUESTIONS BY PHONE ON THE SABBATH

LAURA: Rabbi, I called a Notary on Shabbat to ask if she did Debt Consolidations. She responded that she could not answer business questions on Shabbat because that would be working. So, I asked, why did you answer the phone then?

RABBI: On the one hand.

SUSIE: Here we go with the hands again. I’m expecting at least four hands.

RABBI: One the one hand, and just for the sake of argument, let’s say it is the left hand, it is forbidden to work on the sabbath which is shabbat in Hebrew. The Torah also forbids walking more than 2000 cubits out of your respective town on shabbat, perhaps because that would also be laborious even though that is not work. 2000 cubits is roughly 1KM just for the sake of reference. And it might take 15 minutes to walk that far.

So, this kosher Notary is willing to burden herself with a phone call on shabbat not knowing if it is a personal call or a business call. Since the Torah prohibits, working, but also prohibits recreational activities such as unnecessary or excessive walking that could prove laborious after a few minutes…. hmmm… there is no formal point of view on this matter.

It seems that since the notary took the trouble to answer the call which she knew had nothing to do with shabbat, that she could also answer a quick question about business just as long as answering that question was not excessively laborious like walking a kilometer. After all, at Synagogue, people discuss what business they are in and what is going on at their companies. That is talking about work, but it is very different than actually working. The point of not being laborious in any way on Shabbat is to save your energy and focus for prayer, relaxing, and socializing. If you waste your time on endless phone calls you lose that focus. It would be better that she would not answer the phone unless it was family or related to shabbat. But, answering a quick question would be okay in my book. I’m sure others will disagree as this is a controversial topic.

It would probably be better not to answer any phone calls on shabbat unless it is an emergency or related to who is coming to dinner.

NOTARY REVIEWS: SLANDER & GOSSIP ACCORDING TO THE SCRIPTURES

VICKI: Rabbi, if a Notary did a bad job, would it be considered unkosher gossip or “Leshon Hara” to write a bad review on his listing?

RABBI: Many will agree that committing leshon hara could be worse than murder. But, on the other hand, if you don’t say anything, that notary might harm others endlessly. If you write a bad review, you might be harming that Notary’s reputation which could cause terrible spiritual consequences in this life and the next. On the other hand, if you don’t write the review, that Notary might harm others. So, should you choose the lesser of the evils? Should you only write the review if that Notary did something very bad and showed no sign of remorse? It is hard to answer a question like this as it is a judgement call.

THE NOTARY AND THE BACON BURGER

SAM: I just did a meditation where I visited Notary Hell. There was a guy there who wrote a bad review about someone who ruined a hospital notarization. The only crime the inmate at hell had done in his life was to write a bad review. The Notary’s reputation was permanently ruined as his prime clients saw the review, and the Notary later starved to death as a result. And it was all because of that guy who wrote the bad review.

RABBI: Did he mention anything about how the social life is in hell? Word on the street is, “Go to hell for the social life, but heaven for the weather.”

SAM: Next time I’ll have to ask. I’m going to the underworld tonight, but I’m sure I’ll have time to visit hell sometime on Wednesday. Oh wait. I have an Apostille signing on Wednesday, maybe Wednesday night.

RABBI: One of my friends accidentally ate a piece of bacon and he was sure he would end up in hell. Could you… umm… you know, check up on him and see if he actually made it to hell?

SAM: Was his name Saul? And did he always wear red suspenders?

RABBI: Yes.

SAM: Never heard of him.. Just kidding. Saul is in purgatory. His Teshuva (repentance) is to think less about nonsensical trivialities. Until he masters this, the angels won’t let him into heaven.

RABBI: The irony of it all. Well I guess that wraps it up. We have answered all of our rabbinical Notary questions. Tune in next week to Ask the Rabbi!

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November 11, 2020

Oaths — how Notaries completely screw them up!

Filed under: Notary Acts & Certificates,Popular on Facebook (very),Popular on Linked In — Tags: , , , , , , — admin @ 11:21 pm

Oaths are an official Notarial act in all states if my memory serves correctly. Oaths unfortunately are very misunderstood and generally poorly administered if administered at all. So, let me straighten out some common problems that I have seen with Oaths.

By definition, all Jurat Notary Acts must include an Oath. A Jurat is a Notary Act with a written statement and an Oath. The documentation of the Oath has verbiage such as, “Subscribed and sworn to before me ______ on this ______ (date) by _____ (name of affiant).” There are various problems that occur here. Oaths also can occur as independent and purely oral acts.

1. Omission of Oath
Most Notaries omit the required Oath for a Jurat. In California, your commission can be suspended, revoked, or terminated by omitting an Oath and you can also be fined $750 per incident. Other states do not teach Oaths, not fine you if you forget to administer it which is exactly why most out of state Notaries simply don’t do the Oath. Nobody is putting a gun to their head, so why should they unless they have integrity which they usually don’t have according to my recent findings. Sad!

2. The word Swear omitted.
When administering an Oath, you must use the word swear, otherwise in my book it is not an Oath. A good Oath requires the signer to raise their right hand, the word solemnly should ideally be used before the word swear (for good form), the phrase, “under the penalty of perjury” could also be used, and the clause, “So help you God” should also be used. Although there is no prescribed Oath verbiage, if you don’t swear, it isn’t an Oath. Some Notaries prefer to affirm, state, acknowledge or attest rather than using the word swear since swearing offends the ultra-religious and ultra-athiest members of the public. So, for those who don’t want to swear, don’t use an Oath — use an affirmation instead which does not mention God or swearing.

3. What if people don’t want to use the word swear?
Some people find it offensive to use the word swear or God in an Oath. For them, you use the sister act which is an Affirmation which is allowed in most if not all states. But, don’t confuse the two acts even though they are interchangeable — they are not the same thing and you can not cross use the verbiage for one act on another. If you Oath you swear and if you do an Affirmation, you Affirm. You do not affirm with an Oath.

4. Using exchangeable verbiage.
Some states allow or prescribe verbiage such as, “Do you solemnly swear or affirm that the contents of this document are true and correct?” That is acceptable to me as an Oath because you used the word Swear even though you had alternate verbiage. But, you did not omit swear to only use the alternate verbiage which would disqualify the act as an Oath.

5. Court Oath vs. Jurat Oath.
There are many types of Oaths out there. You can swear people into court, solemnize a marriage, swear someone into office, or have them swear to a document. Notaries should PRACTICE the various types of Oaths so that they can master each type and not confuse them otherwise the Notary will look like an idiot (this happens a lot with our members.) It is common for me to ask for an Oath for a document and the Notary says, “Do you solemnly swear to tell the truth, the whole truth and nothing but the truth?” I say, “I do, but can we now say an Oath for my document?” That is not a document Oath, that is a swearing you into court Oath.

6. Swearing that I voluntarily signed a document
Many Notaries will have me swear that I voluntarily signed a document. This is required in many instances in Massachusetts, however, swearing that I signed a document is not necessary in most states since the Notary watched the person sign, and making sure you signed voluntarily has never been an issue for anybody I know. If you were under duress, would you suddently tell the Notary simply because he asked or would you get nervous? Hmmm. There is no harm in asking if I signed a document on my own free will, so long as you don’t forget to give Oath verbiage about the document in Jurat Oath where the point of the Oath is to swear to facts contained in the document.

7. Swearing that I am the person in my ID
This is ridiculous. If I were an identity fraud, would I say that the ID was not mine? Many Notaries administer an Oath on my ID when I ask them to do an Oath on my document. The ID is not the document — get it straight.

8. Omitting the word document
If you are doing a Jurat Oath but give an Oath that “the information” is true and correct doesn’t cut it. If you are giving an Oath about a particular document, you must reference the document somehow. “Do you solemnly swear that the contents of the document before you are true and correct to the best of your knowledge, so help you God?” That would be an acceptable Oath because you are swearing, and swearing to a particular document rather than to thin air.

9. Relying on cheat sheets.
Many Notaries can only do an Oath when they have their recommended wording from their state with them. If for any reason they should lose the cheat sheet, they would not be able to lawfully conduct their duties as Notary Public. If you practice giving Oaths, you can give them by heard. Additionally, many Notaries give inapplicable Oaths as I mentioned above, so relying on reading text that you don’t understand the meaning of is useless. You need to understand the meaning and significance of the Oath you are giving otherwise it serves no intrinsic purpose.

10. Subscribed and Sworn.
Many Notaries say, “Subsribed and sworn to this ____ day of ___” when I ask them to deliver an Oath. That is the written documentation that an Oath took place. It is NOT the Oath itself. Oath wording typically starts with, “Do you solemnly swear…” and you should have the person raise their right hand.

11. A Jurat is not an Oath
Oath is to Jurat what Motor is to Automobile. A Jurat has an Oath, but a Jurat is not an Oath. An Oath can be an independent Notarial act which in most states has no written certificate. Florida has a useless certificate which says there was an Oath, but doesn’t give any indication of what was sworn to or the type of Oath. You might as well not have paperwork if it is that lame.

12. Notary Acts
When I ask people to name some Notary acts, most people claim not to know what I am talking about. They commonly mention Acknowledgments and Jurats. Few mention Oaths. Oaths and Affirmations are Official Notarial Acts in all or nearly all states. Notaries are required by law to administer Oaths if the public requests them from you. If you have never been asked to do one, that doesn’t preclude the possibility that you will be asked to do one. You are also not exempt from the responsibility of knowing how to administer one. If you are a commissioned Notary Public, you are responsible to administer Oaths, and correct sounding relevant Oaths, otherwise your state has the right to decommission you — and in my opinion they should.

MY RECOMMENDATIONS

Here is some standard Oath wording I like for documents.
“Do you solemnly swear under the penalty of perjury that the information in this document is true and correct to the best of your knowledge and that you agree to and will abide by the terms — if any in the document, so help you God?”
Please notice that I mentioned terms. What good is swearing to an agreement if you only agree that the agreement is true? The point of an agreement is that you agree to the agreement and will follow the terms of the agreement. Having a “useful” Oath rather than a correct but “useless” Oath makes a lot of sense. If your Oath serves no purpose, then why give one?

BAD OATHS
Here are some examples of wrong Oaths for Jurat documents for your reading pleasure.

“Do you acknowledge that this is correct?”
“Do you affirm that the document is correct?”
“Do you solemnly swear to tell the truth, the whole truth, and nothing but the truth so help you God?”
“Subscribed and Sworn to before me.”
“Do you solemnly swear that this is your true ID?”

OKAY OATHS
“Do you swear that the foregoing is correct?”
“Do you solemnly swear that the document in front of you is true and correct to the best of your knowledge?”

COMMENTARY
Most states do not teach the art of Oath giving, but they should. Notaries are required by law to administer Oaths, yet the majority of Notaries either give no Oath, inapplicable Oaths, or poorly worded Oaths while others rely on cheat sheets which is bad. Using cheat sheets is okay, but relying exclusively on some standardized wording for Jurat Oaths is not acceptable. There are situations where there is REQUIRED prescribed wording where you have to use that particular wording. In such a circumstance it is okay to rely on particular wording. However, for Jurat Oaths, you should be able to make up an Oath, otherwise I will fail you.

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You might also like:

Notary Public 101 guide to Oaths, Affirmations, Jurats & Acknowledgments
http://blog.123notary.com/?p=19500

Airline meals vs. Oaths & Affirmations
http://blog.123notary.com/?p=19549

Affirmations – pleasing the politically correct while offending the traditional people.
http://blog.123notary.com/?p=19606

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December 30, 2018

When are you required by law to do Oaths?

Filed under: Technical & Legal — Tags: , , , , , , — admin @ 10:46 am

As we all know, state notary laws differ from state to state. Since I live in California, it is difficult for me to know what all the Notary laws are in other states. Sometimes I create a chart as a cheat sheet to know which states require certain things and which ones don’t. However, every state I have read about (I read handbooks for all states so you will have a problem fooling me — they are all online except for NC if I remember correctly) requires Oaths and has Oaths in the handbook as an official duty of a Notary Public. So, I am going to write some quiz pointers about Oaths below.

1. Oaths are an official Notary act in all states.
If I am wrong, show me your state notary handbook and show me the omission of Oaths.

2. Affirmations are an official Notary act in almost all states…
Or perhaps, now they are in all states. Not sure…

3. If you see the words — SUBSCRIBED AND SWORN (or affirmed) TO BEFORE ME BY…
This is Oath documentation verbiage. It is NOT the Oath itself, but the documentation that you administered an Oath or perhaps Affirmation. If you sign a form stating the above verbiage and do not administer an Oath, you have just committed fraud on a Notarial certificate which is a crime. I am not sure what type of crime it is, but it might be fraud, or even perjury which is a Federal crime punishable by up to five years in jail per infraction. Gulp. Please consult an Attorney to see what type of crime he/she thinks it is as my opinion is a layperson opinion and not legal advice.

4. My state doesn’t require Oaths.
I hear this every day. Your state DOES require Oaths, however your state doesn’t require you to read the handbook that says you have Oaths as an official duty. Moreover, your state doesn’t explain how to administer an Oath or WHEN to administer an Oath. I can blame your state, but this is also your fault if you go through life engaging in criminal negligence because you did not bother to learn when and how to administer Oaths.

5. We don’t do Oaths in my state.
Some people claim that Oaths might be an official Notary act in their state, but that it is never done. This is also not true. Carmen (who does sales for 123notary) does loan signings for out of state documents all the time and every single package has at least one Oath that is part of a JURAT.

6. If you see the word AFFIDAVIT in the title of a document.
The word Affidavit customarily means that the document is to be sworn to before a state official commissioned with the capacity to administer Oaths such as a Judge, Notary Public, Justice of the Peace, etc. If you see the word Affidavit, it is possible, although unlikely that you will execute an Acknowledged signature on that form. 99% or more of the time you will execute a Jurat, and Jurats by definition require the signer to sign (subscribe) in front of you and swear under Oath as to the truthfulness of the document.

7. Are you swearing to the identity of the signer, the signature or the truthfulness of the document.
Many Notaries administer Oaths to me over the phone on quizzes and make me repeat my name several times. However, the Oath for a document is regarding whether or not the document is true or not, and NOT to my identity. However, if the document makes me specifically swear to my name or name variations then I would have to swear to my identity. Additionally, an Oath on a document does not require the Affiant (signer) to swear to whether or not they signed it or whether or not they signed it on their own free will unless their state specifically requires it or unless the cheat sheet for the Oath requires it. As a general rule, an Oath on a document must be regarding the truthfulness of the document as the primary focus. Any other considerations are secondary or perhaps not necessary or perhaps should be left out.

8. Why Oath cheat sheets are dangerous
If you do not know the legal requirements of an Oath on a document in your state, you might not administer a passable Oath if you read off the cheat sheet. In my opinion which is based on logic, but not on law, an Oath on a document must be about the truthfulness of the document. If your cheat sheet for an Oath says, “Do you solemnly swear you signed this document.” — that would lead to an incomplete notarization because you never swore to the truthfulness of the document.

9. I don’t do Oaths, I only do Refinances.
Newsflash — Every refinance I have ever seen has at least one Oath. If there is an Affidavit such as a signature affidavit, identity affidavit, or occupancy affidavit, customarily there will be an Oath. If you do Refinances, you are required to do Oaths as part of fulfilling the statements on the Jurat certificate(s).

10. Oaths on oral statements or without Jurats
You might be asked to give an Oath on an oral statement. There might not be any paperwork involved other than your journal. You need to read up on how to do this. You might also be asked to give an Oath on a document that does not have a Jurat. You would have to ad-lib to come up with verbiage so practice on random documents to get the feel of it.

11. Remote court attendance.
Florida state allows certain witnesses to appear in court by phone. A Notary must swear them in from their remote location. This type of Oath requires the Notary to look at their ID, read it to the judge and do the TV court Oath of how you swear to tell the truth, whole truth and nothing but the truth, so help you God.

12. Penalties for wrong or omitted Oaths.
Notaries rarely get in trouble for omitting a required Oath or refusing to administer an Oath. But, there are times when they do. Here are the things that could happen to you. Why take chances? It is like leaving your door unlocked.

(a.) REVOKED COMMISSION — Your commission could be revoked. I heard of several Notaries in Oklahoma who did not administer Oaths on loan documents.

(b.) OVERTURNED LOANS — The loan that had documents with required Oaths could be overturned by a Judge if they find out that the Notary did not administer an Oath.

(c.) GETTING SUED — The Notary could get sued by the Lender because there will be serious financial damages for the Lender because the Notary omitted a legally required Oath. Damages might be $20,000 or more if you get caught. People don’t get caught often — but when they do…

(d.) FINES — Certain states fine Notaries for misconduct and omissions. Failing to administer a required Oath in California used to have a $750 fine per incident. Now, it might be $1500. I am not sure of the exact fine, but it should be in that neighborhood.

(e.) JAIL — I have heard, and this may or may not be true, that making a false statement about an Oath on a certificate is perjury. The penalty for perjury is a jail sentence of up to five years per incident. So, you could end up in jail if the Feds or your state start checking up on Notaries to see if they are administering Oaths. They are not checking up now, but they could start any time.

(f.) LOSE LISTING — 123notary sometimes removes people for disciplinary reasons. If we find out that you do not obey Notary laws, we normally steer you to some educational materials. But, if you have a complete disregard for law, order, and common decency, you could lose your listing. We normally as a handful of Notary questions and will accept a very low average since most Notaries do not know their stuff. However, if you score under 50% on our quiz whether oral or written, you will most likely be in trouble with us. Although we are not commissioned to enforce laws, I do enforce who I list and that is my right and authority as owner of this site.

SUMMARY
Although Notaries only get in trouble for not administering an Oath once in a blue moon, it is illegal not to fulfill your duties as a Notary Public, and it only takes minutes to read up on when and how to administer Oaths. There is no reason for this type of blatant negligence and criminal behavior. So, please become an expert at administering Oaths. Your first step should be to read your state handbook and see what they say about Oaths. They probably do not do a complete job of teaching it which is part of the problem. The NNA and 123notary have materials as well, and you could consult an Attorney. Although Oath procedure is not taught properly by the states (not even California) you are still legally required to give Oaths and give logical and correct sounding Oaths.

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You might also like:

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

Airline meals verses Notary Oaths & Affirmations
http://blog.123notary.com/?p=19549

Oaths – How Notaries completely screw them up!
http://blog.123notary.com/?p=19369

Oaths and the art if improvisation
http://blog.123notary.com/?p=19367

Notary Public 101 – Oaths, Affirmations, Jurats & Acknowledgments
http://blog.123notary.com/?p=19500

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November 15, 2018

The Starbucks Oath Question

Filed under: Technical & Legal — Tags: , — admin @ 10:25 am

I created a quiz question for written quizzes about Starbucks. It is a very interesting and caffeinated question. Here it is…

A Notary goes to a signing.

The Affiant asks for an Oath on a document that is an Affidavit that reads, “I love Starbucks.”

The Notary proceeds to attach a Jurat…
and made a statement that was, “Do you solemnly affirm that you are the one who signed this document and that your name is John Smith?”

What did the Notary do wrong?

COMMON RESPONSES

1. Ask for ID?
Many Notaries feel the Notary should ask for ID. It is true that Notaries are responsible for identifying people. However, that is not central to this question and since the document, certificate, and journal entry have not been completed or stamped, that is irrelevant at this point. Unfortunately, Notaries tend to get sidetracked on irrelevant details that are not central to situations while missing very critical points that can get them in trouble. Talking about ID at this point would be going off on a tangent, especially if that is the only thing you mentioned — although in most states you probably would have to identify the signer.

2. Create a journal entry.
Yes, you should ideally create a journal entry. But, that too is not central to the question at hand.

3. The notary used Acknowledgment wording.
I have never heard of a state that makes you take an Oath while doing an Acknowledgment except perhaps that Massachusetts wants to make sure the signer signed on their own free will and makes them make some sort of statement confirming that fact.

4. Make sure the venue has the correct information.
This document has no venue, and Oaths in all states but Florida (not completely sure about this by the way) do not have certificates. Certificates have venues, but if you don’t have a certificate, you don’t have a venue. Oaths once again typically do not have certificates, and therefore do not have venues.

CORRECT RESPONSE

1. The Notary did three things wrong

(a) The Notary added a Jurat when he was asked for an Oath. Although Jurats have Oaths or Affirmations, Oaths do not have Jurats. Humans have diabetes, but diabetes does not have humans. So, please do not assume that an Oath has a Jurat. An Oath can be done as an independent notary act, and most Notaries don’t know this because they do not read up on Notary tutorials, nor do they ever do Oaths as independent acts. In fact, most Notaries do not do Oaths as part of Jurats either — they just skip over it and assume nobody will notice, or they think that filling out the subscribed and sworn written verbiage is the actual Oath (which is not true because Oaths are verbal by definition.) An Oath is a purely verbal act, however, in Jurats there is a written documentation that accompanies and documents the verbal act.

(b) The Notary gave an Affirmation when he was asked to administer an Oath which is bad for two reasons — one, because the notary did not do what he was asked and, two, because the notary CHOSE the Notary act on behalf of the signer which you are not allowed to do. Only the signer or client can choose the Notary act. So, what the Notary did looks like it is bad service, but also illegal.

(c) The statement the notary made was about the signature and the name of the affiant, but not about the content of the document. The Affiant asked for an Oath on their document, so therefore, the Oath should be made purely on the content of the document.

“Do you solemnly swear that this document is true and correct to the best of your knowledge so help you God?” — would be okay.

“Do you solemnly swear that you love Starbucks? — is paraphrasing and is okay assuming you don’t butcher the statement in any way that detracts from the logic of the statement.

“Do you solemnly swear that you love Starbucks, so help you the Starbucks Goddess.” — if you are politically correct and have multiple choice for what divine entity you want to swear to, you might be able to get away with this one. Read your state notary handbook and see if they allow swearing to the Starbucks Goddess, or as I call her — The Goddess of Caffeine.

“Please raise your right espresso…” (fill in the rest according to your imagination.)

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November 13, 2018

The Delaware Oath revisited

Filed under: Technical & Legal — Tags: , — admin @ 10:22 am

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.

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January 25, 2018

Should you use book wording for Oaths or improvise?

Filed under: Notary Acts & Certificates — Tags: , , , , — admin @ 11:34 am

Most of our Notaries either don’t give Oaths or can’t give one without their cheat sheet. Some states have prescribed wording while others do not. The main thing when giving an Oath is to have them raise their right hand and swear to the truthfulness of a statement or a document.

If you don’t practice giving Oaths how will you know how to if you are put on the spot? You can experiment at home inventing Oath lyrics.

Do you solemnly swear you are a cyclops?
Do you swear you are crazy?
Do you swear that New York has bad traffic?

What I don’t understand is why it is so hard for Notaries to put together Jurat Oath verbiage from the top of their head. You need to say swear and refer to a document. Easy!

Another thing I don’t get is that I asked one guy to administer an Oath TO ME and he kept saying what he would tell THEM. I said, leave THEM out of it and just ask an Oath question to me so I can say I do, or I don’t. He kept telling me what he would tell them rather than following instructions and asking me an Oath question.

Oaths begin normally either with the phrase, “repeat after me,” or an Oath question. It is faster to ask an Oath question. Make it easy so they just say yes.

If your state has recommended wording, then memorize it. But, if you memorize an Oath without understanding the logic of what context it is used in, then it will not be very useful. You will probably use it at the wrong time.

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October 8, 2017

Airline meals verses Notary Oaths & Affirmations

Filed under: Technical & Legal — Tags: , , , — admin @ 3:06 am

Have you ever wondered what airline meals have in common with Notarial Oaths? More than you think. In the old days airlines would only have one choice. The choice would normally have meat, and a few sides. Those were the good old days when women stayed at home and men supported them, and children had fathers. But, we solved the problem of children having fathers (so old fashioned and unnecessary.) Now, we are all the more wiser and realize that children do just fine without a live-in father and don’t need school prayer either. What a waste of time. Additionally, we have stopped reproducing for the most part which is another way to solve our sociological problems.

On the other hand, a preacher from Tennessee on television says, “If God goes out, then the Devil comes in… Since we have stopped prayer in school, there has been an upsurge in drugs, teen pregnancy, violence, and the list goes on…” But, I digress.

Now, you can get the regular airline meal, vegetarian, vegan, gluton free, high fiber, and about ten other choices. Singapore air even has some good Asian delicacies (yes please!) But, let’s get to the point of this article. It does have a point, right?

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AIRLINE MEALS

Let’s say that on Trans-Notarial Airlines you have two choices of a meal.

(1) THE REGULAR MEAL: which has a chunk of certified angus beef, two veggie sides and an embossed oreo plus a can of Affiant Cola. And then, there is

(2) THE VEGETARIAN OPTION which gives you the broccoli with tofu, their signature salad, corn, chocolate cake and a drink.

The problem is that the Notaries who ran Trans-Notarial Airlines thought they knew everything about notary food law, but didn’t. What the Notaries did was to offer vegetarians the regular meal, but remove the meat. The Notaries did not know that there was a vegetarian meal since they had not been trained.

Similarly, Notaries are unaware that most states have an OATH and an AFFIRMATION. The affirmation was created or invented as not to offend those who did not want to mention God or swearing. But, what Notaries often do is to administer an Oath, but remove the required Oath verbiage of “swear” and “God” as to please the politically correct and religious zealots instead thereby bastardizing an Oath rather than administering an Affirmation. The other mistake Notaries make is to only do Affirmations when legally they might (are likely to) be required to offer a CHOICE of acts.

MY RECOMMENDATIONS

Offer your clients a choice of an Affirmation or an Oath in a Jurat execution or if they want a purely oral sworn statement. It is their choice, so you have no place choosing for them. It is the same as offering a choice of the regular meal or the veggie meal rather than giving the regular meal without the meat. Where’s the beef? My opinion is that if you leave God out, the devil comes in. So, when you administer a sworn statement to me, don’t forget the God part. Without him/her, we wouldn’t even exist! And for New York Notaries, I recommend not doing Affirmations with the cab drivers because cabbies prefer to swear!

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August 21, 2013

What is a Jurat?

Filed under: Notary Acts & Certificates,Popular on Twitter 2013,Popular Overall — Tags: , , , — admin @ 8:49 am

Many people do not fully understand what a Jurat is. The term Jurat is loosely (and incorrectly) used to describe any notarial form. “Just mail me a Jurat” is a common request (that happens to be illegal). Never mail loose certificates. A Jurat is one of many types of notarial acts. Common notary acts include: Acknowledgments, Jurats, Oaths, Affirmations, Protests, and some states allow witnessing, safety box opening, Proofs of Execution and other notary acts. Notary acts and laws differ from state to state.

A Jurat is a Notary Act that typically requires the signer to be identified, although laws in the past in many states did not require the signer to be identified (believe it or not).

The distinguishing characteristic of a Jurat is that it has an accompanying Oath — AND the signer must sign the document before the Notary Public. An Acknowledged signature may be signed hours, days or years before it is notarized! The wording for the Oath is up to the notary. Unfortunately, many notaries are not very good at administering Oaths and some skip the procedure altogether (which is illegal).

You can attach Jurat wording to a document. Or, just write a quick statement that you intend to swear to on a Jurat form. But, if you need an Acknowledgment certificate, don’t ask for “A Jurat”. It is not the same thing legally. Also, please note that the notary is legally forbidden from deciding what type of notarization you need. So, if your Attorney or document custodian doesn’t tell you what type of notarization you need, please ask them before the notary shows up! Good luck!

Tweets:
(1) The term Jurat is loosely (and incorrectly) used to describe any notarial form.
(2) “Just mail me a Jurat,” is a common, but illegal request!
(3) A #Jurat is a notary act requiring the signer 2sign before the notary, swear & be identified.

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January 28, 2012

Information about various notary procedures

Filed under: Technical & Legal — Tags: , , , , , , , , — admin @ 9:14 am

This blog entry will contain links to information about various notary procedures.

Credible witness notary procedure
Credible Witnesses from A to Z
 
General notary public procedure
There are various types of notary acts which are common such as Jurats, Acknowledgments, Oaths, and Affidavits.  Please click on the link of the notary act you are interested in.
 
Jail signing Procedures
Jail signings are not that different from other signings except for the fact that inmates typically do not have identification that is acceptable to notaries.  The next difference is that the person who coordinates the jail signing and meets the notary at the jail is generally a relative, girlfriend, or attorney for the inmate, where most notary jobs are booked by the signer themselves.  It is possible that inmates could be moved from jail to jail which is another issue. Please read out blog about jail signings.
 
Notarized Affidavit Procedure
An affidavit is a document like any other, and it is generally notarized using a Jurat which requires the signer to sign in the presence of the notary, and for the signer to swear under oath that the contents of the statement / document are true and correct and perhaps that they will abide by the terms in the agreement. Please read our entry about Notarized Affidavits. 
 

Notary Witness Procedure
Notaries can act as witnesses in their capacity as individuals.  Please see our blog entry entitled,”can a notary be a witness“.  Notaries can notarize signatures of witnesses, and can also use credible witnesses to identify a signer in many states. In addition, there is such a thing as subscribing witnesses for proofs of execution and for signing by x.
 
Procedure for notary by mark
Please see our blog entry about signing by x
 
Procedure for Affidavit of Support
Please see our blog entry about Affidavits of Support. In short this is notarized like any other affidavit and uses a Jurat which requires the signer to sign in the presence of the notary and take an Oath regarding the truthfulness of the document and their willingness to abide by the terms stipulated in the document.

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November 26, 2011

Notary Certificates, Notary Wording & Notary Verbiage

Filed under: Notary Acts & Certificates,Popular Overall 2011,Ultra-Popular — Tags: , , , , , , , , , — admin @ 1:28 am

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.

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