Sunday, September 10, 2017

Not MY Venue

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When you see a document that looks like this, don’t be too quick to change it.  You’ll feel like you should make it state the place where you are when you perform the notarial act. 

STATE OF TEXAS              §
                                                                   KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF HOCKLEY   §
 


Yes, your venue must always be accurate.

 However, I was told more than once as a legal assistant (and by different lawyers), that THIS venue should match the county of the property’s location and it isn’t about the notary.  Lawyers have told me that the statement is an announcment for all in that county to be aware of the transaction within the document, and that it is taking place in the county noted.

Not Legal Advice!

Do as you wish, but it makes for a nasty looking document if you mark up the front page.

When I run into this, I handwrite an accurate venue statement or make changes to an incorrect venue immediately over the notarial certificate.   I cannot give you a law citation on this, but I can show you a recorded example from 1973.   

 Example from 1973

Here is an ancient deed that was recorded in Hood County in 1973.

It shows that the property is in HOOD COUNTY (top image) and the notary was sitting in TARRANT COUNTY (bottom image) when the act was completed.

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