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DISCLAIMER: I am a Notary Public bound by the laws of the State of Illinois. A Notary Public is not a legal representative and/or attorney licensed to practice law. I am not an attorney. I cannot by law, interpret or explain the contents of any documents to you. Should you have any questions or concerns, please consult with an attorney or the person who provided the documents to you.
What type of notarization do you need?
The difference between a Notary Acknowledgement and a Jurat
Two of the most common notarial acts notaries are asked to perform are Acknowledgments and Jurats. A notary acknowledgement ensures that the signer of the document is indeed the person named in the document. The function of the notary in this case is to verify the identity of the signer.
On the other hand, a notary is asked to perform a Jurat, when the signer takes an oath or makes an affirmation. The function of the notary in this case is to administer of oath or affirmation.
Notary acknowledgement is mostly used on real estate transfers, powers of attorneys, and in general in all documents such as a contract, where the goal is to verify that a certain person indeed signed the document. Interestingly, the signer of a notary acknowledgement is not required to sign in the presence of the notary, as long as he/she appears in front of a notary. A common misconception is that the signer needs to wait until in front of a notary before executing the document. That’s not necessary – only the personal appearance is.
Jurat is used for affidavits (such as affidavit of death) or to swear that certain facts are true. The signer needs to appear in front of the notary to take the oath.
The difference is even clearer when the two languages are compared. Here is part of the language of a notary acknowledgement: On ________, before me, NAME OF NOTARY, appeared NAME OF SIGNER, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument… Here is the language of a Jurat: Subscribed and sworn to me on this DATE, by NAME OF SIGNER…
Both forms of notarial acts require that the signer provides the Licensed Notary Public acceptable proof of identification.
All information contained on this site, including information of a legal nature – is provided for informational purposes only, and should not be construed as legal advice on any subject matter. YOU MUST DECIDE WHICH NOTORIAL FORM YOU WISH TO USE. PLEASE SEEK LEGAL COUNSEL IF NEEDED
Forms You Might See at a Loan Signing
1-Settlement Statement – This document shows all the settlement charges involved in your loan. It is self-explanatory. Please take time to look over the numbers.
2-Notice of Right to Cancel – This document allows borrowers to cancel the loan within three days from today. Please note the date. In other words, you can sign today and change your mind if you are not happy with something that you read in the documents later tonight. That way, you will not feel pressured to read every single word of the documents during this appointment. The lender requests that you both sign three of these. I will keep one; you will each keep two signed copies. [Whether it is necessary for all three copies to be signed at the table is another issue that is hotly debated by notary signing agents. Please ask your hiring entity if you are unclear.]
3-Deed of Trust or Mortgage – This document is also called a “security instrument.” It gives the lender an interest in your property; it will be recorded in the public (or real estate) records.
4-Promissory Note or Real Estate Note – The note states how much you have borrowed, the length of time that you have to pay it back and the interest rate
5-Initial Escrow Disclosure – This discusses your escrow account.
6-Truth in Lending Disclosure Statement – This explains all costs of your loan.
7-1st Payment Letter – This explains when your first payment is due.
As noted above, the order of presentation of the remaining documents do not matter.
Uniform Residential Application – This is the application that you filled out at the beginning of your loan. You are requested to sign it again to confirm that it is accurate.
APR & Finance Charge Summary -- This explains the cost of your loan.
Itemization of Amount Financed Borrower(s) – This explains the amount financed.
Borrower(s) Acknowledgement of Receipt of Disclosures – This document says that you acknowledge receiving applicable disclosures.
Attorney Representation Notice – This document explains that the attorney who drew the documents does not work for you; he or she works for the lender.
Borrower Affidavit – Please review and state if you swear (or affirm) to the truthfulness of the contents of the document.
Borrower's Closing Affidavit Borrower - Please review and advise if you swear (or affirm) to the truthfulness of the contents of the document.
Certification and Authorization to Release Information – This describes when the lender may have to release information about you, the borrower.
Document Correction Agreement – This says that you will work with the lender to provide any additional information or funds required, if any, to complete the loan package.
Error & Omissions/Compliance Agreement - You will work with the lender to provide any additional information requested to complete the loan package.
Limited Power of Attorney/Correction Agreement – This is another document that allows correction of the documents for clerical or scrivener’s errors.
Name Affidavit – This document lists names that you have been known as. Please sign as stated by names that you have been known by. Do not sign by names that do not apply to you. If it does not apply to you, you may want to complete the blank with a couple of words that explain that. Note that whether or not a signature is required on this type of affidavit varies significantly.
Notice of Assign, Sale or Transfer of Servicing Rights – You understand that this loan may be sold or assigned to a loan servicer.
Notice of No Oral Agreements – This says that there are no oral agreements between parties that are not documented in the loan documents.
Collateral Protection Insurance Notice - You understand that you must keep the property insured.
4506-T Cover Sheet – You agree that the lender may collect a copy of your tax return from the IRS.
Form 4506 -- You agree that the lender may collect a copy of your tax return from the IRS.
Patriot Act Form – This relates to identification of the borrowers. It is required.
Signature Affidavit – This document lists names that you have been known as. Please sign as stated by names that you have been known by. Do not sign by names that do not apply to you. If it does not apply to you, you may want to complete the blank with a couple of words that explain that.
Title documents
Below are documents that may be called “title documents.”
Marital Status Affidavit – This document requests that you swear to information about your marital history.
Refinance Affidavit – In this document, you confirm information about the property related to your loan.
Survey Affidavit – This document relates to facts about your current property survey.
Affidavit of Debts and Liens – This document makes statements about liens that you may have on the property that relates to your loan. (Notarize.)
Homestead Affidavit – This says that you state this is your primary home, your homestead.