Acknowledgment Language on a Sworn Verification
Trent, a Nebraska notary, is asked to notarize a 'Verification of Residency' for a tenant, Ms. Okafor. The document ends with a signature line, a date line, and a blank notary block. Trent uses his standard acknowledgment stamp: 'State of Nebraska, County of Douglas. On June 4, 2024, before me, Trent L., personally appeared Ms. Okafor, known to me, and acknowledged that she executed this instrument.' Ms. Okafor was never asked to swear or affirm. Trent actually notarized the document on June 5 but wrote June 4 because it matched the date on her signature line. He also photocopied her Nebraska driver's license and stamped it 'certified true copy.' His journal entry lists only her name and the word 'verification.'
1. Was the notarial act sufficient for a 'Verification of Residency'?
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No. A verification or affidavit is a sworn statement, so it requires a jurat, not an acknowledgment. A jurat must show that the signer subscribed and swore or affirmed to the truth of the statement before the notary on a stated date.
Trent's stamp says only that Ms. Okafor 'acknowledged' execution. That proves execution, not that she was placed under oath. He never administered an oath or affirmation, so the document was not properly sworn. To fix it, the signer must appear again, be placed under oath, sign (or acknowledge the signature) before Trent, and receive a jurat certificate reciting the oath and the actual date. The defective certificate should not be altered after the fact.
2. May Trent certify a copy of Ms. Okafor's Nebraska driver's license?
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No. A notary's copy-certification authority is limited to tangible records that are not public records and not records required by law to be recorded. A state-issued driver's license is a government record, so Trent may not stamp it 'certified true copy.'
He also should not make or distribute copies of identification documents for that purpose; the journal records the ID type and number, not a retained copy. If Ms. Okafor needed a certified copy of some private document, Trent should confirm that the document is eligible before certifying it.
3. What is wrong with the date and the journal entry, and how should Trent correct his practice?
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The date is false. A certificate must be dated the day the notarial act is performed. Writing June 4 when the act occurred June 5 is backdating, even if the signer's own date line says June 4. A notary may not make a certificate that misstates the date.
The journal entry is also deficient. It should record the date and time, the type of notarial act (jurat or acknowledgment), a description of the record, the signer's name and address, the identification evidence relied on, and the fee charged. 'Verification' alone does not show what was done. Trent should correct future entries, retain the journal for the required period, and never alter past entries to hide the error.