What is a jurat?
A jurat is a form of notarization also called verification upon oath or affirmation. This means the signer of the document will swear or affirm the truthfulness of the document’s contents to a notary or notarial official. (Allstate Savings & Loan Assn. v. Lotito (1981) 116 Cal.App.3d 998, 1005.)
A jurat requires the signer to appear in person before the notary and sign the document in the notary’s presence. (Gov. Code § 8202(a).) A jurat cannot be done retroactively where the signature was made before the person appeared before the notary. The notary will administer an oath to the person signing to complete the jurat and they must respond out loud to the oath. (Davenport v. Board of Trustees of State Center Community College Dist. (E.D. Cal. 2009) 654 F.Supp.2d 1073, 1083.)
The jurat certificate showing the method of recording states the document was signed and sworn to in the presence of the notary. (People v. McDaniels (1903) 141 Cal. 113, 115.) A jurat certificate cannot be used for an acknowledgment or vice versa. They are their own unique forms of notarization.
What is an example of a jurat?
Jurats often are used to notarize statements that a document was signed. Jurats can also be certifications of identity, truthfulness, or accuracy in regard to a document also known as an affidavit. (Allstate Savings & Loan Assn. v. Lotito (1981) 116 Cal.App.3d 998, 1005.) Regarding real property, joint tenants may notarize an affidavit of death via a jurat. (Pearce v. Briggs (2021) 68 Cal.App.5th 466, 475.) This means the deceased joint tenant is removed from the title.
For example, “Julie” and “Shawn” own a home together as joint tenants. This means they hold the property in 50/50 halves with the right of survivorship. This means if Julie dies, Shawn takes full ownership of the property. This means after Julie’s death, Shawn must record an affidavit of death. Shawn would choose the affidavit to be notarized by a jurat. This means Shawn signs and takes an oath in front of the notary to show the affidavit of death is true. An affidavit of death giving Shawn full ownership of a property is significant, which is why it must be notarized. If anyone attempted to contest Shawn taking ownership of the full house, the affidavit being notarized would legitimize Shawn’s actions. For example, if a jurat is dated prior to the occurrence of the events mentioned in the affidavit and there is a mistake in the affidavit, that mistake can be disregarded and considered executed when presented to the court. (Hamilton v. Hamilton (1912) 20 Cal. App. 117, 119-120.)
What is an acknowledgment?
To notarize a document via acknowledgment, the document must be acknowledged before the notary. This means the person signing, whose identity has been verified, will declare to the notary that they willingly signed a document. They must appear in person before the notary and the notary will positively identify them as the signer. The signer can sign the document before or when appearing in front of the notary. (Civ. Code, § 1181.1.) They must also declare or acknowledge signing the document for its intended purpose.
This acknowledgment is both to confirm the identity of the signer and confirm they are the one who signed it. (Bernd v. Eu (1979) 100 Cal. App. 3d 511, 517.) This is unlike a jurat which does not require an identification. (Gov. Code, § 8205, subd. (a)(3).) In an acknowledgment the person is not swearing to the validity of a document, it is to confirm their signature. (Dodge v. Free (1973) 32 Cal.App.3d 436, 444.)
What documents are notarized via an acknowledgment?
Acknowledgments are not necessarily needed for an instrument transferring property to be valid even if they are commonly used. Generally, any such document is effective and valid between the parties. An unacknowledged deed, mortgage, or deed of trust still conveys the title or creates a lien between parties. (Gonzales v. Gonzales (1968) 267 Cal. App. 2d 428, 436; Farmers’ Exchange Bank of San Bernardino v. Purdy (1900) 130 Cal. 455, 457; Williams v. Nieto (1929) 98 Cal. App. 615, 619.)
Certain documents are not valid, however, unless they are acknowledged. If an instrument is transferring an interest in real property, lien, or debt it must be acknowledged in order to be recorded. (Hale v. Pendergrast (1919) 42 Cal. App. 104, 107.) Acknowledgment and recording provide notice to a person subsequently receiving an interest in the property. (Thomas v. Speck (1941) 47 Cal. App. 2d 512, 516–517.) If the instrument is executed by two or more persons, the document must be acknowledged by each signing party. (Spect v. Gregg (1875) 51 Cal. 198, 201.) This is part of giving notice to subsequent people who will gain interest.
Separately, power of attorney to convey or execute instruments affecting property must be acknowledged and recorded. (Civ. Code, § 2933.) Certificate of payment or discharge of a mortgage must also be acknowledged to be recorded. (Dutton v. Locke-Paddon (1918) 37 Cal. App. 693, 694–695.)
What is the Difference Between a Jurat and Acknowledgment
As mentioned, in a Jurat, the signer effectively testifies to the document’s contents. In an acknowledgment, the signature simply states that the person who signed it is the person who they claim to be. As such, because a Jurat and Acknowledgment provide different statements about the contents at issue, they may be used for different purposes to provide legal effect to documents of different types.
Conclusion
Notarization is one of the many issues that can arise in real property transactions and disputes. The Underwood Law Firm has a team of experienced lawyers who can help resolve your real property issues as they relate to partition and help you pursue solutions to ensure your property rights are protected. We are here to help.