Acknowledgments and Jurats Flashcards

A signer who is physically unable to sign asks another person to sign her name at her direction. In the acknowledgment certificate, this situation is best handled by:

Answer: Noting the signature was made by another at the direction of the disabled signer, who appeared and acknowledged it

Signature by proxy at the direction of a physically unable signer must be reflected in the certificate, with the principal appearing and acknowledging.

Which scenario properly calls for an acknowledgment rather than a jurat?

Answer: Recording a deed of trust conveying an interest in Mississippi real property

Real property documents such as deeds and deeds of trust are typically recorded with acknowledgments, not sworn jurats.

A notary's spouse asks for a jurat on an affidavit in which the notary is named as a beneficiary. The notary should:

Answer: Decline because of a disqualifying beneficial interest

A notary who is a party to or has a beneficial interest in a document is disqualified from notarizing it.

After administering the oath for a jurat, what facts is the notary certifying in the completed certificate?

Answer: That the signer appeared, was identified, took the oath, and signed in the notary's presence on the stated date

The jurat certifies appearance, identification, the oath, and the in-presence signature on the stated date — not the truth or legality of the contents.

A document written in a language the notary cannot read is presented for an acknowledgment by a signer the notary can communicate with directly. May the notary proceed?

Answer: Yes, if the certificate is in a language the notary understands and the signer directly communicates the request

The notary certifies the notarial act, not the document's contents, so a foreign-language document may generally be acknowledged if the notary and signer can communicate directly and the certificate is understandable to the notary.

A title company asks a notary to complete a jurat dated for the day the loan closed last week, since the borrower forgot one form. The notary should:

Answer: Refuse, because certifying a false date is fraudulent even if the transaction was legitimate

Backdating a notarial certificate is a false certification and must be refused regardless of the reason.

Immediately after completing an acknowledgment, the signer says "actually, I was pressured into signing this." What should the notary do?

Answer: Not deliver the completed certificate and decline to finalize the notarization, since willingness is now in doubt

An acknowledgment requires a willing signer, so evidence of coercion means the notarization should not be completed or delivered.