Hello all Notary Publics!
I would like everyone’s feedback and option on how they administer the oath for filing out a Jurat. In order to be efficient during the signing would it be acceptable to administer the oath in the beginning of the signing and advise it will remain in effect until the completion of the signing?
Thank you!
I, personally, do not agree with this practice…for one main reason:
You’re asking someone to swear to the truth of the contents and statements contained in the doc - how can they swear to the truth of those statements unless they see the statements they’re swearing are true? It takes only a couple-few seconds to ask them “you swear these statements are true to the best of your knowledge and belief?”
That JMO
I know in my state and many other states, there are court case rulings, even if the notary doesn’t say the oath out loud, when the signor signs the document and it includes some type of oath or affirmation, etc. language above the signor’s signature they are bound by that language. For me, I explain to the signors at the start they will be signing various documents under oath and swearing or affirming to the best of their knowledge and belief the information in the documents is true and correct.
I heard there was a criminal case against a person who signed and affidavit for perjury. HIs lawyer maintained he never swore an oath or affirmed verbally. The judge ruled that because of the omission the perjury charge had to be dropped. Not sure if the notary was responsible for damages but it was mentioned.
woa that’s crazy, kind of like when the officer forgets to marandise a person, they have to let them go
I have always been taught by all my notary instructors that this isn’t an acceptable practice.
Depends on the state. The notary statutes in my state have footnote references to the court cases which the notary does not have to speak the oath nor does the signor have to verbally acknowledge the oath. The signor is bound by the oath if it is stated in the document, and they sign the document. Just remember even if you say the oath, the signor can always say you didn’t verbalize the oath and that is why the courts have ruled the written oath is valid.
They don’t have to let him/her go, they just can’t use any statements against him/her before they were read their rights. That is why confessions are taped recorded and then written up and the person signs the confession as the accused can always say you didn’t read them their rights.
My $0.02…separate Oath / Affirmation for every document that requires it - every time - no exceptions. Here, in Texas, if it is determined that an Oath / Affirmation was required and not delivered, (I believe) as the Notary, I can be fined $750 per missed O / A and risk losing my Commission. It is not worth skipping the O / A just to save a couple of minutes. Not to mention, I took an Oath stating that I would “faithfully execute the duties of the office of notary public of the State of Texas…”. I assume we all took a similar oath in our respective states…
I always administer the oath in the beginning and tell them that every document I’m notarizing where they are under oath, I will remind them of that before they sign it.
Even though Florida doesn’t require us to use a journal (which is unbelievable to me), I always have. If an oath is required, I first put them under oath, have them sign my journal and then initial saying they understand they are under oath. That way they can’t come back and say either I didn’t administer it or they didn’t know they were under oath.
What blows me away is how many people tell me they were never before put under oath when doing loan documents in Florida. I just say, it’s the Florida notary law so I will be doing so. Fla Stat.117.03
@letdidoit19 My experience mirrors yours as noted above. 
During my maiden voyage into this business sector, I found it quite puzzling that so many clients (when they’d log into my notary journal and be placed under oath during the document signing process) would display a questioning visage on their face & simultaneously remark (while hesitating) they’ve “never before had to do this . . .”
I would then provide a brief description of why it needed to be done.
After the signing was completed, I’d wonder why . . . As I was a novice, I then reached out to the multiple different organizations/trainers under which I had received my tutelage. In general, the answer across the board from all the organizations I received training from was: Most “signing agents” don’t seek training and most “notaries” don’t either. You understood this to be a business & you wanted a solid foundation as well as the knowledge that you were providing professional, accurate services.
At that point in time, I realized it was probably going to be something that I would hear on a regular basis . . . which it has been for more than a decade.
I’m sure you’re right. I took the Notary2Pro class before I did even one notarization. I knew I didn’t know anything so I prepared myself the best I could!
The other thing that blows me away is how many Title companies in Florida send me, say, an Affidavit of Occupany which on the first line says an oath was administered but use an acknowledgment for me to notarize. I used to attach a Jurat, but after doing this multiple times I bought a Jurat stamp! Florida Title companies should know FL notary laws, imo.
I’ve had to send the statute stating that if an oath is required we can not use an acknowledgment, to many Florida Title companies over the years. Also a few out of state ones who got mad that I didn’t just stamp what they sent. Really?? Funny how they want you to know how to properly execute a loan package, till they don’t!
Hmmm . . . There appears to be some confusion.
This statement below (from my previous post above) was a compilation of the input provided to me by the organizations providing excellent professional training & business preparation that I paid for & subsequently received training under:
It isn’t my opinion or assertion. It was the esteemed insight provided by those individuals who worked in this business sector for decades and were sharing the wisdom of their experience of working with thousands of folks encompassing nearly all the States across the US.
I’m also in Texas. With each signing I explain that there are several affidavits and sworn statements to be signed. I read a copy of the oath and ask the signers to affirm. I Identify which documents contain the jurat and mention that this document they are signing under oath.
I can’t find anywhere as to how the oath procedure is to be carried out. I know that in court proceeding witnesses are placed under oath for the duration of the proceedings, even is those proceedings cover several days. It’s my opinion that as long as I follow a similar process during an engagement, its defensible.
I used to work with a number of attorneys and so when I started as a Notary and a mentor-of-sorts told me that they did no Oaths / Affirmations at all (which did not sit well with me), I asked 8 attorneys. I sent them a link to the text from the TX SoS and without hesitation, 7 of the 8 told me to do the O / A everytime - no exceptions. Number 8 (a law professor) delivered a 15 minute dissertation as to why I should do it every time and the importance of them. He also explained that while the TX Statute left the issue open to interpretation, it was a risk. In addition, why would a document include Jurat language if you (as a Notary) were not expected to deliver it? If you could do a general purpose O / A, why is that not specified and stated as allowed?
The risk, he explained was what happens if it becomes an issue and a judge decides that it has to be done every time and because I was lazy or just looking for shortcuts and I get fined, have my commission temporarily held or revoked, there goes my chosen career and my income…all because I was lazy or looking for shortcuts.
I won’t tell anyone they have to do the O / A every time, take your chances, tell the judge that you ( likely a non-attorney), interpreted the law to suit your needs, wait for the laughter to die down and see where that gets you.
I would rather spend a couple of extra minutes and eliminate the risk all together. Better safe than sorry.
To answer your deleted question, Steve…yep
P.S. Since it’s been removed, for clarity - Steve’s question was something along the lines of “so if you have 10 oaths in the package you say the same thing 10 times over?” and my answer is “yep”.
Scott, You’re spot on. I use to question witnesses and suspects without Maranda Warnings. Their answers provided guidance on where evidence could be found. I couldn’t use their answers directly. There’s also the ‘Excited Utterance’ clause, when someone blurts out statements that can be used against someone.
I agree with you it is much better to administer the oath for each applicable document. However, you can’t eliminate the risk all together unless you are recording the administration of the oath as the signer can always say you did not administer the oath even when you did. Hence, why the written document will have some type of affirmation above the signer’s signature. There are documents a signer signs that are not notarized but the signer is making some type of affirmation, such as, loan application, income or debt certification, etc. and the signer is bound by the representations they have made in those documents.
I am totally on board with @Scottmillernotary. There are certain documents that my rote memory kicks in and I automatically will recite my “affirm or swear” dialogue. Other times it’s more point and click and I’m pretty certain I miss a few. But, I don’t beat myself up about it. The important thing is the signature appended by the client(s) who in essence are agreeing/swearing to the statements above, which is usually a part of the signatory statement.
IDs first then the oath. Is there any other way?
My state rules that the notary could face a $750 fine for not swearing someone in.
