These three elements of a properly made affidavit are embodied in the notary’s jurat which reads: The affiant must swear to and sign the affidavit in the presence of the notary. There are three things necessary for a valid affidavit, and all three must be present at the same time: (1) the affiant, (2) the notary, and (3) the document. A notary is a public officer and a great deal of faith and confidence is placed in his or her official acts. The notary must be certain that the acknowledger is who he purports to be.
#Personal notarized letter template license#
The crucial question then becomes “what degree of care was exercised by the notary to ascertain the identity of the person making the acknowledgment.” A driver’s license might be used to identify the acknowledger. These cases could involve impersonation or forgery or both. It could also result in an effort on the individual’s part to recover his loss from the notary. Failure to do so could result in financial loss to someone who relied on the notary’s certificate. It is important that in connection with an acknowledgment that the notary identifies the person making the acknowledgment. On this _ day of _, 20_, before me personally appeared_, to me known to be the person who executed the foregoing instrument, and acknowledged that he executed the same of his own free act, and deed. “Do you acknowledge the execution of this (name the document, deed, mortgage, etc.) to be your free act and deed?” The acknowledger says, “Yes,” and the notary completes the certificate. The document, declaration, or avowal is signed in the presence of the notary.
In a typical acknowledgment ceremony the notary examines the document, declaration, or avowal of one’s act or of a fact to give it legal validity. Acknowledgements/Affidavits Illustration of an Acknowledgement
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