Raise your right hand..."do you solemnly swear or affirm that...."

Services for Real Estate Pros with "A Quick Note" ...in Tennessee! Expires May 16, 2023

Previously posted elsewhere by "A Quick Note" on May 11, 2007

Hey! CA Notaries: Did you administer your oath today?

8214.1. The Secretary of State may refuse to appoint any person as
notary public or may revoke or suspend the commission of any notary
public upon any of the following grounds:.......

.....(k) Failure to administer the oath or affirmation as required by
paragraph (3) of subdivision (a) of Section 8205.

Why do I feel like the Lone Ranger when I administer the oath or affirmation?
Hmmmm....you afraid you may get into heap-big trouble Kimosabee!

Often, those executing a "sworn" statement (affidavit) look upon me as if I've grown three heads when I ask them to take their oath...no matter, I do it anyways!

Seriously, I make my living as an NSA. I can't afford not to administer an oath....:5:

Can you?

"A Quick Note"

Comments (11)

Scott Benson
Geneva Real Estate and Finance - Santa Monica, CA
I think you should do it.  As a broker I like for people to know that what they are doing is serious and they really need to make sure they understand what they are doing
Apr 15, 2008 06:15 PM
Shannon Ziccardi
"A Quick Note" ...in Tennessee! - Clarksville, TN
"A Quick Note" Mobile Notary ...in Tennessee!

Absolutely I do it.  Without question.

With 2008's new changes about "personally known" I card my parents without fail too!

 ya shoulda seen my dads face...

Apr 15, 2008 06:37 PM
Jacqueline Dyson
Dyson's Mobile Notary Service - Sacramento, CA

I am always suprised when borrowers state they have been through the refi or signing process several times and I am the first.  Most borrowers are impressed with the process and feel cheated in the past. One borrower had a problem with the process, the LO was present and backed him. I e-mailed a copy of the code to the LO that evening along with a few other words. The LO continues to contact me directly for his signings in my area.

Apr 16, 2008 04:05 AM
Shannon Ziccardi
"A Quick Note" ...in Tennessee! - Clarksville, TN
"A Quick Note" Mobile Notary ...in Tennessee!

Denise, I was trained that the oath must be administered before execution...I do however use plural language such as: "Do you swear or affirm that the affidavits you will execute before me today are true and correct?"

Jacqueline, ME TOO!  I suppose that many lenders don't have an affidavit and perhaps never went through the process.  More surprising is the shock and awe I have experienced from some Loan Officers and Escrow Officers present at the signing table...they really don't know what we do for a living...it can be comical.

Apr 16, 2008 05:34 AM
Find a Notary Public needAnotary
QEC Internet Services - Long Beach, CA

Shannon - I have clients looking at me strange also.  "I've never had a notary do that to be before and..." is a reply I hear often.  

To be honest with you, many notaries don't know their job, don't understand their responsibilities as a notary and frankly scared of their own shadow.  They don't want to offend "I have no idea what" but they are not skilled and it makes notaries who know his/her job look like a bad guy in many times.  Jacqueline - I experience the opposite of impressed.

Either notaries are not trained properly or they are just trying to getting their hustle on and don't care.  I would hate to think either is true, but it definitely is a problem. 

I had a fellow once who wanted to become combative.  His words are paraphrased bas follows, “I've refinanced this damm house 5 times and no other GD (expletive) notary has asked me to raise my hand and swear to any GD (expletive) thing before.  You people don't know what the hell you are doing“

Shannon thanks for bringing this topic to the forefront.  It is easy to recognize you as an expert from your posting.

Apr 16, 2008 06:26 AM
Shannon Ziccardi
"A Quick Note" ...in Tennessee! - Clarksville, TN
"A Quick Note" Mobile Notary ...in Tennessee!

Wow- Thanks for the compliment.  May I quote you?

Yes, I've had that happen before too but have learned to hold my ground...even during an "uncomfortable" silence.  The eager Mortgage Broker sometimes demeans or poo-poos the procedure, but I am honor-bound to do my duty.  After all, I raised my right hand and swore to abide by State Law when I was commissioned.  Anything less is just that...LESS.

Take care!

Apr 16, 2008 06:53 AM
Joan Bergstrom
Joan Bergstrom Mobile Notary - Riverside, CA
Mobile Notary, Riverside CA

When I started in 2002 in CA I would have borrower(s) tell me they had never been sworn in when either buying or refinancing a property.


Apr 17, 2008 04:49 PM
Joan Bergstrom
Joan Bergstrom Mobile Notary - Riverside, CA
Mobile Notary, Riverside CA

I also get that look with some borrowers but not nearly as much as I did in 2002 when I started.  I actually did a 2 loans in 2002 for borrowers who were also CA Notaries and they asked me what I was doing?

Notaries following  the Jurat law in CA is much better now because we have a 6 hour study/or classroom commitment.


Apr 22, 2008 04:48 PM
Mary Ellen Elmore
Nunnelly, TN

I am in Tennessee and other notaries think I am crazy for doing this!

When my partner and I went to the County Clerk's office to pick up our commissions, we were not sworn in. They told us to just sign, that were were swearing by signing it.

My partner's daughter said she was never sworn in by the clerk in her county either and i was not in the first county I was elected in.

Apr 24, 2008 08:45 AM
Elizabeth Foust
Keller Williams Realty - Santa Rosa, CA

I find that when I put someone under oath, not only do they realize the importance of what they're doing, but it also brings clarity to me as to how important my job is.  I love it!

May 25, 2008 10:13 PM
Margaret O'Daniel
NM Notary Loan Signing Agent - Albuquerque, NM

That is the most important part of notarization.  I also card my friends and family.  Then I know that I know who I am notarizing.  These days we must be vigilant on our work.  We must protect ourselves and we service the public. 

May 27, 2008 05:33 AM