Affidavits

Beginner's Questions
1

On affidavits, at the top of the form, do we list the property where the property is located or where the signing is taking place?

I know that on my portion I list the county where the signing is actually taking place.

Thanks in advance for your help!

2

Good question
that I don’t know the answer to. If ‘they’ leave it blank, so do I. If they fill in ‘some’ county, ‘some’ state
I leave that alone, too. I just make sure MY Cert. is right as to county, state & date. Nobody’s ever said anything, so ???

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3

I wouldn’t be able to think about the question without seeing the whole form.

4

I never touch anything in the body of the affidavit but the certificate is mine to be accurate. In Ohio, venue must be “where your feet are planted” at the time you are notarizing the doc. Even if the venue is correct at the top of the document, we are required to have the venue in the certificate. If it is missing, print it in the certificate.

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5

Editing the text in the body of an affidavit is practicing law. We can only make changes to the Notary Certificate.

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6

True, non-lawyer notaries would usually practicing law unlawfully if they edited the text of an affidavit. The problem is that most states don’t specify the exact form a notarial certificate must take. If there isn’t any exact certificate requirement, who is to say the venue at the top of the affidavit isn’t part of the notarial certificate?

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7

There are Affidavit forms where the venue is listed at the top
they go something like this:

State of
County

Personally appeared before me “name of signer” who, being duly sworn, deposes and says:"

Then the statements are listed and at the bottom they sign. This is followed by notarial wording appropriate for the pertinent state. The notarial wording is not noted twice. Florida and Connecticut allow these types of forms - possibly other states too.

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8

Lucky for you a notary jurat is part of the affidavit. The only filling in you’re authorized to do is that Jurat. The venue at the top of the document is not your territory so leave it blank.

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9

Thank you everyone, Very helpful!!

10

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