I swear them in at the beginning of the closing explaining they will be under oath for the duration of the closing, in the same manner as testifying in court. I also explain under Texas law a notarial oath carries the same weight as being sworn in by a district court judge.
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I’m in Florida and I’ve been swearing the parties in at the beginning of the signing, having them initial in my journal that they’ve taken an oath, and telling them I’ll be reaffirming their oath throughout. I tell them how many documents require an oath and what they are. When I get to a Jurat, I simply ask if they “swear (or affirm) this information is true” right before I sign and stamp without raising their right hands again. I find that this is the best way for me to follow the law and keep the flow of documents going without stopping and doing a full swearing in ceremony each time.
When you think about it, lawyers do it all the time in court. They remind the witness they’re still under oath when they ask the bombshell question that sways the jury in their favor! Lol!
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There is a difference between a stack of documents and testimony in court (or before a town board, which I handle several times a year). During testimony, all the testimony must be true. In a stack of documents, the signer is only swearing to the truth of some of the documents.
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Ashton nailed it - and it’s true. If you think about that oath in court, it does state "the testimony you are about to give… denoting all future statements made are under that oath and are true - things they know they are saying. Administering the oath at the beginning of a loan signing once is like putting a blank piece of paper in front of them and having them swear whatever is put on that paper is true.
Patricia, I do like your procedure of re-affirming that oath at each form requiring a jurat.
I tell them the following: “You have [x amount] of documents [each] that require that you swear an oath that the information you provided is true. The documents are: [ x, y, z]. You can choose to swear to God or a Supreme Being, or if you don’t like to swear, you can Affirm on your own honor that the information you provided is true. Once you’ve sworn in, I will remind you that you are under oath and ask that you reaffirm your oath each time you sign those documents. I’ll ask you if the information in that document is true to the best of your knowledge and belief, and I’ll need a positive response from each of you.” [Start oath ceremony]
This is literally my spiel. I’ve said it so many times. After raising their right hands and swearing/affirming the oath, they initial my journal saying they’ve taken the oath. Then we begin.
On the document with Jurat, I introduce the document and tell them “this requires an oath before I notarize it, ok?” Once they sign it and I go to notarize it, I say to them “Do you swear (or affirm - whichever version they chose at the beginning), this information is true?” They say Yes, and I notarize. I must get an answer from each signer before moving on.
That’s exactly how I do it. No variations. I know the NNA says I must deliver the oath for each Jurat, and I understand it, but I believe I’m following the spirit and intent of the law. Sometimes when I get Hybrid certificates, I stop and deliver the oath.
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There is no universal procedure for administering an oath. First you must follow your State’s laws in these matters. In some cases State Law does not provide a specific method, while others are very specific.
In my state, there’s no specific oath that needs to recited verbatim. There are oaths and affirmations that are recited for specific departments and procedures that need to be followed; the State Bar, Oath of office, testimony, etc… For example the Texas Rules of Evidence #603 contains the phrase the oath or affirmation “must be in a form designed to impress that duty on the witness’s conscience”. The Secretary of State offers suggestions regard the oath or affirmation, but has not established the procedure specifics.
I generally administer the oath once, explaining that only some of the documents they’ll be signing require the oath. Because of the voluminous size of most Texas closings, administering the oath for each document that requires it, would drag the signing on until eternity. (hyperbole)
Having been an active participant in several court proceedings, I follow the oath/affirmation verbiage applied to witnesses in the foregoing processes.
It takes less than 10 seconds to give an oath/affirmation. This is approximately the same time it requires them to apply their signatures. I give the oath just before they sign for each document. There is a right way, a wrong way and the best way. I believe this to be the best way.
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I do it at the start. “Several of the documents you will be signing today ask you to affirm that the information you provide on these documents is true and correct to the best of your knowledge. Do you so affirm?”
I have found that the words “oath” and “swear” seem confrontational to many people. My state allows “an affirmation or oath” to confirm a jurat. Using “affirmation” seems easier for signers to understand.
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