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Are You... You?

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Services for Real Estate Pros with Ward County Notary Services 607851
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This is not a trick question but it is one that could have BIG legal ramifications if not answered truthfully.

The Notary Public asking you this is not trying to be funny, he/she is asking you to take an oath and that is the Notary's greatest legal power.

Answering that question falsely is an act of perjury.

The typical notarial document wording includes, "Subscribed and sworn to me". There are 3 requirements that are mandatory in every State:

1) The Notary Public must ask the oath in question form.

2) The oath taker must respond orally and positively.

3) The Notary must determine if the signer understands their moral and legal obligation to answer truthfully.

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Elizabeth Weintraub Sacramento Broker
Elizabeth Anne Weintraub, Broker - Sacramento, CA
Put 40 years of experience to work for you

In the hundreds of times I've had my signature notarized in California, I don't think anybody has ever asked if I am me. But then they are often notaries who personally know me, so maybe that's the difference?

Mar 25, 2019 01:01 PM
Bob "RealMan" Timm
Ward County Notary Services - Minot, ND
Owner of Ward Co Notary Services retired RE Broker

That is most likely it Elizabeth Weintraub Sacramento Real Estate Agent, Top 1% of Lyon Agents but often it's laziness as well. Of the hundreds of closings I've attended I don't ever remember the title company asking that question. Once they ask for the ID and make a photo copy they should as the question but they never do.

Mar 25, 2019 01:08 PM
Ron and Alexandra Seigel
Napa Consultants - Carpinteria, CA
Luxury Real Estate Branding, Marketing & Strategy

Bob,

I seem to remember that when we had to sign some legal papers a few years ago.  Have a great rest of the day! A

Mar 25, 2019 01:09 PM
Bob "RealMan" Timm
Ward County Notary Services - Minot, ND
Owner of Ward Co Notary Services retired RE Broker

Thank you Ron and Alexandra Seigel , best wishes for a great day for you too.

Mar 25, 2019 01:16 PM
Dorie Dillard Austin TX
Coldwell Banker Realty ~ 512.750.6899 - Austin, TX
NW Austin ~ Canyon Creek and Spicewood/Balcones

Hi Bob "RealMan" Timm ,

Just had a closing today where a friend of the family came in to sign with a POA from the sellers. The friend had to prove who he was and asked the oath. It was no problem and expected.

Mar 25, 2019 01:54 PM
Bob "RealMan" Timm
Ward County Notary Services - Minot, ND
Owner of Ward Co Notary Services retired RE Broker

The Notary that held the closing did a good job Dorie Dillard CRS GRI ABR .

Mar 25, 2019 02:01 PM
James Dray
Fathom Realty - Bentonville, AR

Morning Bob.

Being one myself I understand the questions.  I wonder how many, like you, never ask the question

Mar 26, 2019 12:46 AM
Wayne Martin
Wayne M Martin - Chicago, IL
Real Estate Broker - Retired

Good morning Bob. I know of a few former notaries that did not ask the right questions! Enjoy your day!

Mar 26, 2019 04:38 AM
Sheila Anderson
Referral Group Incorporated - East Brunswick, NJ
The Real Estate Whisperer Who Listens 732-715-1133

good morning Bob. Boy you don't mess around. I never knew there was this much involved.

Mar 26, 2019 05:39 AM
Bob "RealMan" Timm
Ward County Notary Services - Minot, ND
Owner of Ward Co Notary Services retired RE Broker

James Dray I've never heard them ask at the title company. I always do.

Mar 26, 2019 05:52 AM
Bob "RealMan" Timm
Ward County Notary Services - Minot, ND
Owner of Ward Co Notary Services retired RE Broker

It must be pretty common Wayne Martin and sad that so many do not do their job properly.

Mar 26, 2019 05:52 AM
Bob "RealMan" Timm
Ward County Notary Services - Minot, ND
Owner of Ward Co Notary Services retired RE Broker

Sheila Anderson I've always been a stickler for if your going to do a job, do it right.

Mar 26, 2019 05:53 AM
Will Hamm
Hamm Homes - Aurora, CO
"Where There's a Will, There's a Way!"

Hello Bob "RealMan" Timm, I can understand that it is not a funny question in your business.  

Mar 26, 2019 12:22 PM
Bob "RealMan" Timm
Ward County Notary Services - Minot, ND
Owner of Ward Co Notary Services retired RE Broker

It seems like it every time I ask it Will Hamm but it is a legal oath so I try not to take it lightly.

Mar 26, 2019 01:01 PM
Roy Kelley
Retired - Gaithersburg, MD

Thanks for sharing this verfication procedure.

Have an outstanding week.

Mar 26, 2019 04:34 PM
Bob "RealMan" Timm
Ward County Notary Services - Minot, ND
Owner of Ward Co Notary Services retired RE Broker

Thank you Roy Kelley . So far it's been a GREAT week.

Mar 26, 2019 04:37 PM
Patricia Feager, MBA, CRS, GRI,MRP
DFW FINE PROPERTIES - Flower Mound, TX
Selling Homes Changing Lives

Bob "RealMan" Timm - I learned this when I was becoming a Paralegal. 

I am not a Notary Public and I never hear one utter those words during a closing. The next time that happens, I'm going to bring it up. 

Thanks, Bob.

Mar 26, 2019 07:37 PM
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