6.5 Notarizing Correctly: Acknowledgments vs Jurats

Notarizing Correctly: Acknowledgments vs Jurats

The two notarial acts you'll perform most often as an NSA are the acknowledgment and the jurat. The certification exam tests the difference between them, when each is required, and the common errors that get notaries in trouble. Memorize the definitions and the loan-document pairings below.

Acknowledgment

An acknowledgment is a notarial act in which the signer acknowledges that they signed the document willingly and that the signature on the document is theirs. The key features:

• The signer must personally appear before the notary.
• The signer acknowledges signing willingly.
• The notary verifies the signer's identity and that the signature is theirs.
• The document may be signed BEFORE appearing before the notary — the signer must personally appear and acknowledge, but they do not have to sign in front of you.

Jurat

A jurat is a notarial act in which the signer signs in the notary's presence AND swears or affirms that the contents of the document are true. The key features:

• The signer must personally appear before the notary.
• The signer signs in the notary's presence (mandatory — a pre-signed document cannot be jurated).
• The notary administers an oath or affirmation ("Do you swear or affirm that the contents of this document are true?").
• The signer must take the oath — a jurat without an oath is invalid.

Acknowledgment vs Jurat — Side by Side

Which Loan Documents Get Notarized

Not every document in a loan package is notarized. The NSA course is explicit:

• Deed of Trust / Mortgage — notarized, acknowledgment (the borrower acknowledges signing the security instrument).
• Affidavits (Signature Affidavit, Name Affidavit, Identity Affidavit, etc.) — notarized, jurat (the signer swears the contents are true).
• Closing Disclosure (CD) — NOT notarized.
• Promissory Note — NOT notarized.
• Most other loan documents — NOT notarized.

Memorize this pairing: Deed = acknowledgment; Affidavit = jurat. It is one of the most common exam questions.

Personal Appearance, Seal, and Journal

• Personal appearance is required for both acknowledgments and jurats. The signer must be in your physical presence when the notarization occurs. Remote online notarization (RON) is a separate legal framework — do not apply RON rules to in-person signings.
• Notary seal/stamp must be applied to every notarization. Check the seal's ink and your commission expiration before you leave home — a faint or expired seal invalidates the notarization.
• Journal entry must be made at the time of signing in most states. Record the date, document type, signer's name, ID type and number (or other identifier your state allows), and the notarial act performed. Do not back-fill the journal later from memory.

The Venue (County)

Every notarial certificate has a venue — the state and county where the notarization took place. The venue must match the county where the signing occurred, not the county where you are commissioned. If you are commissioned in one county but perform the signing in another, the venue is the county where the borrower sat across from you. A wrong venue is a common defect and is correctable, but only if caught.

Common Notarization Errors

• Missing seal — the most common defect; every notarization needs the stamp.
• Wrong venue/county — the certificate lists a county that does not match where the signing occurred.
• Expired commission — if your commission expired, your notarizations are void. Track your commission date and renew early.
• Pre-signed jurat — if the document was signed before the signer appeared, you cannot jurat it; the signer must re-sign in your presence.
• No oath administered — a jurat requires the oath; silently stamping a jurat certificate without administering the oath makes the jurat invalid.
• Borrower wrote in the notary block — if the borrower filled in the notary certificate (date, county, name), the certificate must be corrected or reissued; do not just stamp over their writing.
• Wrong notarial act for the certificate — do not perform a jurat in an acknowledgment certificate, or vice versa. The certificate wording dictates the act.

Administering the Oath for a Jurat

For a jurat, you must administer an oath or affirmation. A common form: "Do you solemnly swear or affirm that the statements contained in this document are true and correct to the best of your knowledge?" Wait for an affirmative verbal response. A nod is not enough in most states — require a spoken "yes" or "I do." If the signer refuses the oath, the jurat cannot be completed; halt and report.

Loose Certificates and Attachments

If a document does not include a notarial certificate, or the certificate wording is wrong for the act required, you may attach a loose certificate — a separate sheet bearing the correct acknowledgment or jurat language, your seal, your signature, and a reference to the document it attaches to. Never pre-sign or pre-seal a loose certificate, and never leave a loose certificate with the borrower "in case they need it later." A loose certificate is completed at the time of the notarization and attached before the document leaves your hands.

Credible Witnesses

In some states, if a signer lacks acceptable ID, one or two credible witnesses who personally know the signer and who themselves have acceptable ID can vouch for the signer's identity. State law controls whether credible-witness identification is allowed and how many witnesses are required; the NSA course treats it as a state-specific exception, not a substitute for the standard acceptable-ID rule. On the exam, do not select credible-witness identification as the default path when acceptable ID is available.

The Notary's Journal as Protection

Your journal is your evidence that you performed the notarization correctly. A complete journal entry — date, document type, signer name, ID type and identifier, notarial act, fee, and your signature — protects you if a notarization is later challenged. Incomplete or back-filled journals are a common finding in notary disciplinary cases. Make the entry at the time of signing, every time.