ISO Information: Completing a Borrower Attestation Form

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1

Good Morning,

I would like to know has anyone completed a borrower attestation form. It indicates the notary is the witness and notary public? Has anyone ran into this question when dealing with loan mod agreements?

2

I have had attestations in closing packages for the state of Georgia before. They won’t typically allow the use of acknowledgments. Check the laws in your state to make sure that you can use an attestation in place of an acknowledgment.

3

Thank you for the response. I will definitely check.

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4

I’ve done a lot of loan modifications but have never seen the form you describe.

5

@ivorydoves :check_mark: Concur! :check_mark:

:swan:

6

I asked CoPilot, keep in mind I’m in California:


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Using an Attestation Form Instead of an Acknowledgement Form

An attestation form and an acknowledgement form serve different legal purposes — they are not interchangeable, and using one in place of the other can invalidate the document’s intended effect.

Key Differences

Acknowledgement form (notarial act)

  • Purpose: Confirms that the signer signed the document.

  • Notary’s role: Verifies the signer’s identity and confirms they signed willingly; does not need to witness the signature if the document is already signed.

  • Common uses: Deeds, mortgages, trust documents, powers of attorney, and other recorded or institutional filings where the focus is on proving the signature.

  • Legal effect: Establishes the signature’s authenticity, not the truth of the document’s contents.

Attestation form

  • Purpose: Certifies that information, facts, or statements are true, accurate, or verified. Notary’s role (if used): May administer an oath, witness the signature, and sometimes notarize the statement; in some cases, a witness or notary seal is required.

  • Common uses: Identity verification, educational credentials, employment history, healthcare eligibility, legal declarations, and other contexts where the content must be confirmed.

  • Legal effect: Confirms the truthfulness of the stated facts, not just the signature.

Why You Can’t Swap Them Arbitrarily

In California and most jurisdictions, acknowledgements and jurats (oath-based attestations) are distinct notarial acts.

  • An acknowledgement does not verify the truth of the document’s contents — only that the signer signed it.

  • An attestation (often via a jurat or sworn statement) verifies the truth of the facts stated.
    Using an acknowledgement where an attestation is required (or vice versa) can cause the document to be rejected by the requesting authority or be deemed legally insufficient.

When You Might Use an Attestation Instead of an Acknowledgement

You would choose an attestation form when:

  • The requestor requires proof that the information is true (e.g., “I attest that I completed this training”).

  • The document is part of a legal, educational, or compliance process that demands verification of facts, not just a signature.

  • The notary is required to administer an oath or witness the signature in connection with the statement’s truthfulness.

Practical Steps if You Need an Attestation

  1. Check the requesting authority’s requirements — confirm whether they require an attestation or an acknowledgement.

  2. Select the correct form — use an attestation form if the purpose is to verify facts; use an acknowledgement if only the signature needs verification.

  3. Complete all required fields — name, contact info, statement, date, place, and signature; include witness/notary if required.

  4. Have the document notarized if the process demands it, ensuring the notary follows the correct act for the intended purpose.

Bottom line: An attestation form and an acknowledgement form are not interchangeable. Use an attestation when you need to confirm the truth of facts; use an acknowledgement when you only need to confirm a signature. Always follow the specific requirements of the entity requesting the document to avoid legal or procedural issues.

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