The Pre-Filled Jurat and the Date That Wasn't
Kyle notarizes for a title company in St. George. On June 19 a paralegal hands him a deed of trust that the borrower, Mr. Ochoa, signed on June 12 in the office while Kyle was at lunch; the paralegal watched him sign. The certificate already printed on the document reads "Subscribed and sworn to before me this 12th day of June..." and the paralegal has typed in the borrower's name. "Just sign and stamp it - the date's already there, and Mr. Ochoa has gone back to Nevada," she says. Kyle has never spoken to Mr. Ochoa, has never administered an oath to him, and does not know when or whether he will return to Utah.
1. May Kyle complete this certificate as presented? Separate and explain the distinct problems.
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No. There are three independent defects, and curing one does not cure the others.
1. No personal appearance. The signer must appear before the notary. A coworker's observation is irrelevant - a notary cannot certify an act witnessed by someone else.
2. The certificate does not match the act. A jurat ("subscribed and sworn to before me") certifies two things: that the signer appeared and signed in the notary's presence, and that the notary administered an oath or affirmation. Kyle did neither. Signing that certificate would be a false statement under his commission, not a technicality.
3. Wrong date. A certificate date records when the notarial act was performed. Dating it June 12 when Kyle would be signing June 19 is backdating - a false certification - even though June 12 is when the underlying document was signed.
2. Contrast acknowledgment and jurat, and explain how Kyle would determine which certificate is correct for a deed of trust.
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| Acknowledgment | Jurat | |
|---|---|---|
| What it certifies | Signer appeared and acknowledged the signature as voluntary | Signer appeared, signed in the notary's presence, and swore or affirmed the truth of the contents |
| Oath administered? | No | Yes |
| Typical uses | Deeds, deeds of trust, powers of attorney | Affidavits, verifications, some self-proving will affidavits |
Kyle must first perform a lawful act - the signer appears before him (in person, or by an approved remote system if Kyle is authorized) - and then complete the certificate that describes what he actually did. He does not pick the certificate the file already contains. If the transaction needs an acknowledged signature, he completes an acknowledgment; if the document truly requires a sworn statement, he administers the oath and then completes a jurat. If the lender's instructions demand a jurat, the signer must actually be sworn.
3. What should Kyle say to the paralegal, and what must appear on a properly completed Utah certificate once the signer does appear?
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What Kyle should say: that he cannot sign, that the June 12 date will not be used, and that the borrower must appear before a notary - Kyle, another commissioned notary, or an authorized remote notary - or the document will have to be re-executed. He should note the refusal in the file rather than simply leaving a blank certificate in circulation.
A complete certificate should contain:
- The venue: State of Utah, County of ______ (where the act is performed)
- The date of the notarial act - the actual date, never a backdate or forward date
- An identifying statement of the act (acknowledged before me / subscribed and sworn to before me)
- How identity was established - personally known, or proved on the basis of satisfactory evidence
- The notary's signature and name exactly as commissioned
- The commission number and expiration date, and the official stamp/seal
Leaving the certificate blank for later completion, or signing an incomplete certificate, is itself improper.