|
Notary Glossary
Acknowledgment
1. The act of admitting or recognizing the existence of an agreement by
signing as evidence of one's intention that the agreement shall be binding
and in full force and effect. 2. The certificate affixed to the document
(See Acknowledgment, Certificate of.)
Acknowledgment,
Certificate of
A written statement, affixed to an agreement, signed and sealed by an
authorized official that states in a form, usually prescribed by law,
that the official took the acknowledgment of the person who signed the
agreement.
Affiant
The person who takes an oath or affirmation. The person to whom an oath
or affirmation is administered. Sometimes called a deponent.
Affidavit
A document that contains a statement, made under oath or affirmation,
signed by the affiant and a jurat (certificate) signed and sealed by a
notary.
Affirmation
A solemn statement, equivalent by law to an oath, but without religious
significance or reference to a Supreme Being.
Certificate
A written statement, signed by an official, describing acts performed
in an official capacity.
Jurat
Latin, "to swear." The certificate signed and sealed by a notary
which is affixed below the sworn or affirmed statement and signature of
the affiant.
L.S. (locus sigilli)
Latin, "The location where the seal is placed." Used generally
to indicate the place for the notary's seal.
Notary Public
A person appointed by a state official to serve the public as a disinterested
witness, to take acknowledgments, administer oaths and affirmations, and
to perform such other acts as are allowed or required by law.
Oath
A solemn pledge or promise containing reference to a Supreme Being. (A
person who intentionally makes false statements under oath is punishable
for perjury.)
S.S. (scilicet)
Latin, "to wit, namely." Printed near the venue of a certificate
or acknowledgment.
Subscribe
To sign, to write one's signature.
Testimonium clause
At the end of many documents and certificates that follows the form "witness
my hand and seal" or some variation thereof.
Venue
1. The place where the act is performed. 2. The place on the certificate
that gives the location where the notarization was performed. 3. The place
where a trial is held.
Loan
Document Glossary
(Other terms you may hear or see doing loan document signings)
Signing Service
or Closing Service Companies
A company who subcontracts signing appointments to "Loan Document
Signers" (Notary Public) for signing of loan documents and notarization.
The sole purpose of this company is to act as a "Go-between"
company, between the client and the notary public".
A company who finds
qualified "Loan Document Signers" and coordinates the signing
and notarization process for their clients.
A company whose services
can be local, statewide, multi-state or nationwide.
Closing Agent
Closing agents can be the lender, escrow, title, closing service companies,
etc. A closing agent actually performs the closing process, which includes,
disbursement of funds, the issuing of title insurance, if applicable and
recording of the deed. In addition, the closing agent, if a notary, can
also notarize the applicable documents in the loan package. With the expansion
of the lenders requirements across the nation, the need for a "signing
agent " was developed.
Signing Agent
Before the 1990's, the Signing Agent was virtually unknown. Borrowers
were expected to travel to the office of a lender, escrow agent or title
firm to complete a loan. However, during the past decade, increasing competition
in the lending market, a massive volume of refinancing and home-equity
loans and demand for faster, more customer-friendly services changed how
loan transactions are concluded. Lenders now strive to make transactions
as simple as possible and reduce a borrower's travel time during the work
week. Therefore, the Mobile Notary came into existence.
Loan Document Signer
A "Loan Document Signer" is a Mobile Notary Public that presents
the loan documents to the borrowers. The "Loan Document Signer"
points to key features and information on the documents and secures proper
signatures, after verifying identity. The Notary Public can answer all
"What questions" but not questions that pertain to "Why."
After the signing is completed, the "Loan Document Signer" notarizes
the appropriate documents in the loan package. Therefore, we believe that
the correct term for the Notary Public that presents and secures signatures,
is better referred to as a "Loan Document Signer", but some
do refer to this person as a "Signing Agent." Recently NASA
and NNA formed a strategic alliance and are now calling the notary a "Notary
Signing Agent."
We at NSC believe
you should avoid the use of the term "Agent" when referring
to a notary public when conducting a mobile loan signing. An "Agent"
is defined as one that acts for and with authority from another, called
the parent company. The notary public is an unbiased and neutral person.
Many lenders and escrows prefer that notaries do not represent themselves
as an agent of the lender or escrow holder.
You should always
let the borrowers know that you are an "independent contractor"
and not a part of the lender, title, escrow or signing service company.
Preferred Document
Signer
A "Certified Preferred Document Signer", means that this
individual Notary Public has his or her training and testing completed.
We use a CPDS logo on the Notary Web Page to denote that they are a "Certified
Preferred Document Signer". Companies can see at a glance that they
are most knowledgeable and competent signers with loan documents and signing.
Notary Signing
Agent
National Notary Association is using this name for a Notary Public that
is trained to do loan document signings.
Certified Notary
Signing Agent
National Notary Association has a certification course for becoming a
"Certified" Notary Signing Agent.
Loan-Signing Agent
or Mobile Loan-Signing Agent
These titles are being used by Sealed to Perfection Mobile Notary Seminars
and Services, Inc.
|