Understanding Oaths vs. Acknowledgments in Notarized Documents

What Are You Signing?

If you’ve ever needed a document notarized, you’ve probably heard a notary ask something like:

• “Do you acknowledge this is your signature?”

• Or, “Do you swear that the information in this document is true?”

And you might’ve thought… wait, isn’t notarizing just watching someone sign and stamping it?

Not quite.

Acknowledgments of Signatures: Deeds, Mortgages, Contracts, and Powers of Attorney

There’s a little more going on behind the scenes—and knowing the difference between an acknowledgment and an oath or affirmation can help you understand what you’re signing and why it matters.

Let’s break it down in simple terms. 🧠

What Is a Notarized Document, Really?

When a notary notarizes a signature, they’re doing one of two official things:

1. Taking an acknowledgment

2. Administering an oath (or affirmation)

These two acts serve different legal purposes, and depending on the document, one may be more appropriate than the other.

✅ Acknowledgment: “Yes, That’s My Signature”

An acknowledgment is used when you sign a document—and the notary confirms that:

• You appeared in person

• You voluntarily signed the document

• You understood what you were signing

• And yes, it’s really your signature

📄 Documents that typically require an acknowledgment include:

• Deeds

• Mortgages

• Contracts

• Powers of Attorney

🗣️ The notary might ask:

“Do you acknowledge that this is your signature and that you signed this document of your own free will?”

If you answer yes, the notary completes a certificate confirming that your signature was acknowledged. Simple and secure!

Oath or Affirmation: “I Swear This Is True”

On the other hand, an oath or affirmation is used when you’re making a sworn statement of fact.

Think of it like giving testimony in court—but in writing.

This is common in:

• Affidavits

• Depositions

• Applications with factual claims

Oaths of Affirmation: Swear the Document is true

The notary will ask you to swear (or affirm) that what you’re saying in the document is true to the best of your knowledge. And yes, making a false sworn statement can lead to perjury charges—so it’s serious business.

🗣️ The notary may ask:

“Do you swear or affirm that the information in this document is true?”

After your “yes,” they’ll sign and stamp it as a sworn document.

How Do You Know Which One You Need?

Here’s a quick way to tell:

• If the document involves signing something important like a contract, mortgage, or deed → it probably needs an acknowledgment.

• If the document involves swearing something is true (like an affidavit or statement of facts) → it likely needs an oath or affirmation.

📌 Not sure? No problem. The document might already have notarial wording that says “acknowledged before me” or “sworn to and subscribed”—that tells the notary exactly what to do.

💡 Important: Notaries are not attorneys. That means they cannot tell you which notarial act is correct for your document. If you’re unsure, the safest move is to ask the person or organization who prepared the document—or consult an attorney.

Why This Matters?

A notarized document is a legal document. That means it must be done the right way for it to be valid.

Whether you’re transferring property, signing a loan, or giving someone power of attorney, a proper notarization:

• Confirms your identity

• Protects you from fraud

• Strengthens the legal standing of your document

So the next time you’re sitting with a notary and they ask you whether you’re making an acknowledgment or taking an oath, you’ll know exactly what they mean—and why it matters.

Got Questions?

Have a document that needs notarizing but not sure what to expect? Wondering if it needs an acknowledgment or an oath?

Ask away! We’re here to help you navigate the notarization process with confidence and clarity.