Among the recent changes to this statute, a notarial certificate is now required that identifies whether the notarial act was an acknowledgement or a jurat. There's a disconnect between what the statute requires and the sample certificates provided. The model language that they provide for the acknowledgment certificate in the ORC 147.55 looks like thisâ€¦
State of ............................
County of ...........................
The foregoing instrument was acknowledged before me this (date) by (name of person acknowledging).
(Signature of person taking acknowledgment)
(Title or rank)
However, the new requirement in ORC 147.52(D)(1) says thisâ€¦
"An acknowledgment certificate shall clearly state that no oath or affirmation was administered to the signer with regard to the notarial act."
I donâ€™t see how the model language that they provide clearly states that no oath or affirmation was administered. Right?!
We have some title agents who recommend that we add this statement to the certificate, "This is an acknowledgment clause; no oath or affirmation was administered to the signer(s).â€ Others have said that the certificate is adequate as is. And some others have no idea what we're talking about as they were completely unaware of the new rules.
So what are others doing?
Don't make me say, "I told you so!" Sincerely, your friendly Compliance Officer.