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December 22, 2015

A Newbie at a Title Company

Filed under: Ken Edelstein,Popular on Facebook (A little) — Tags: , — admin @ 12:00 pm

A Newbie at Title Co.
Most of our jobs are quite routine. Once in a while, thankfully not often; something crosses our path that is extraordinary. It could be very nice, or a mess; as you might have expected – I write about a mess. The docs are the docs, we are expected to make them work. However, there are limits to what, as notaries, we can process. Title has an agenda. It’s their objective to get the papers processed as quickly as possible. It has to be a mess of galactic proportions for them to either dump it, or redraw the docs. Notaries also have an agenda, and one item usually at the top of the list is to do the assignment legally. It’s not our job to enforce the law; merely to abide by it.

After accepting the “piggyback”, for a fair, but modest fee; I learn it’s to be via POA. OK, kinda, they take longer but that is our lot in life. I am told that some “special signing instructions” will be sent to me. I assume it’s their preferred POA phraseology. Some want “Mickey Mouse by Minnie Mouse, his attorney in fact”. Others reverse it: “Minnie Mouse as attorney in fact for Mickey Mouse”. I prefer the latter because the name to be sworn comes first. Both are not at all a factor in the notary section where *only* Minnie would be named. But, this assignment tried to, IMHO, not bend, but break the rules.

The instructions directed me to name the affiant and POA issuer, as sworn. Thus, before me appeared: “Minnie Mouse & Mickey Mouse via POA”. To me that was a new twist. It would appear that Minnie would be, based on the POA; taking my oath issued to Mickey! Just as we cannot delegate our notary status to someone else; oath taking cannot be via proxy. Sayeth title: “there are two signature lines on the notarized document, thus there needs to be two persons named in the notary section”. Admirable logic, a bit of arithmetic; 2=2; that’s hard to argue.

But, that would be an improper notarization. Only the person(s) who actually “appeared before me…” can be named. This set of docs had it both ways. Some had both names filled in the notary section; some had “via Power of Attorney”; and a few were for me to write in. When I called title, informing of the need for me to redact all entries other than “Minnie Mouse”; I received more bad news.

“Her legal first name is not “Minnie”, it’s “Min”. However she took title as Minnie, and an AKA form is not allowed – you just have to notarize her as Minnie””. Strike Two – this job was going downhill faster than the Cyclone at Coney Island. I call Ms. Mouse, to my surprise and delight her driver license had “Minnie”. She told me she used that name all her life; though Min was on her birth certificate. Words, Words; to me it’s what is on the driver license that counts.

During my chat with Ms. Mouse she also mentions that the papers need to be processed quickly. It seems that Mr. Mouse is deceased! Whoa, hold on partner – in every state when the agent knows of the principal’s demise – their authority ceases to exist. Title and Ms. Mouse want to proceed with a voided Power of Attorney! What is my position? My notarizations would make no mention to a Power of Attorney. In my Jurat “before me appeared Minnie Mouse” would be the only entry, and she does have valid ID in that name. I never did find out if title knew of the demise of Mr. Mouse.

I bail out. There had been too many heated exchanges with Title; my insistence on proper format soured them. She told me her legal name was Min, so some doubt. Worst of all would be to facilitate the use of a no longer valid Power of Attorney. Best to not be a party to the eventual litigation!

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December 1, 2015

Notary Image

Filed under: Ken Edelstein,Popular on Facebook (A little) — admin @ 11:55 am

Notary Image
You can be sure I will not be discussing the “selfie” of you and your client; and, it does not matter a hoot whose idea it was. Rather, I will (attempt) to explore the components of notary image. Some are readily apparent. They are on the “checksheet” of “notary appearance” and ask if your shoes are shined and if it’s clean under your fingernails. Oddly, they never include the manicure?

But, I will grant that part of your image is certainly your appearance. Routine Business Casual seems to be the baseline, with a suit being the usual top tier. I have yet been asked to wear a Tuxedo to a signing. Perhaps that’s next. At the other extreme: I freely admit to going to some appointments truly slovenly. Usually, I have been working on my 1974 Honda CB360 motorcycle when the call comes in. My grandpa had an expression worth sharing. “Truth is the greatest labor saving device; and I’m basically lazy”. Putting that wisdom into practice, when I am “a mess” I TELL the caller exactly what and why. Some jobs are rush, the person must leave soon. When that is the type of call they get choices. I can leave immediately on my Honda and go to you, but dogs will howl and babies will cry when they see me. Or, I can add half an hour to my arrival time and have a decent appearance. Or, you can call someone else on http://123notary.com

The QUALITY of the work you do bears greatly on your image. When you stamp do you hit a part of an area you intended to avoid? How about spending some practice time with your stamp? Have you mastered the art of checking your work, or do your eyes glide over the error because you are scanning rapidly? Do you decline the absurd requests to arrive at a long past time. Don’t laugh; I’ve actually had some schedulers insisting that the scheduled appointment time remain in the past! Is personal best your routine effort? Have you recently reread your governing laws? Do you challenge yourself with semi-impossible situations to devise a practical and legal solution? Perhaps the worst possible situation is considering yourself incapable of improvement.

Let’s move past looking good and doing good. Few seem to discuss how to discuss. O I know, the components of documents are definitions. But, it’s how you speak that plays a large part in the image you present. You are not expected to be a world class orator. You do need a bit of debating skill; and not be an annoying interrupter. Your spoken vocabulary immediately gives the impression of being educated or not. Inept communications often start with “I mean, like, the way it is, is like….” Uggh! Your clients listen to you, and most listen carefully. Do you listen carefully? If you are not positive of what is being asked, do you ask for clarification? You are not The Grand Imperial Notary; so don’t talk “at” or “to” your client; talk “with” them. Converse.

I have been in tense, almost hostile situations. You can diffuse the animosity by being sincere. Being you is the most important part of your image, and it should not be “forced” but allowed to flow naturally. Make the point that you genuinely want to help with your words and actions. And, also, that you are constrained by notary law in what you are permitted to do. You are in the wrong profession if you don’t like working with people, all people. Most of all be yourself. It takes but a few moments to thank, handshake, and wish them success in their endeavor.

An image is a complex thing. Sure, the old saw about first impressions is somewhat true. But, when they see that you are capable and dedicated; their image of you soars. Concentrate on the lasting impression that you leave by your words and skillful deeds.

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September 22, 2015

Don’t call Title or Borrower

Filed under: Ken Edelstein,Popular Overall — Tags: , , — admin @ 10:40 am

That admonition gives me chills. In my dumber days, when I heeded that directive; a far higher percentage of assignments had “problems”. Virtually everything that could wrong did go wrong.

Many of our “employers” often stress how we are the final quality control point. They stress how we should be sure the package contains a HUD and 1003 loan application. Some blithely request that we check the package for “accuracy”, as if that was something we could do, in detail. Everyone in the process tries to minimize errors, but, humans are fallible. With the rush of processing mistakes of transposition, omission, and miscommunications do occur. High integrity notaries are quick to make amends and fix their mistakes; usually at considerable expense for travel and shipping.

On the other hand, when you are sent to 5000 W 206th Street, and the real address is on East; it is very unlikely that anyone will compensate you for extra riding around. Sometimes, it’s much worse and it’s possible to be given a completely wrong town! Without recourse to a valid, and tested to be sure it’s accurate – borrower contact number; the assignment fails. Nobody wants that. But, for reasons unknown to me, some assignments absolutely forbid borrower contact. And, that is enforced by not providing a phone number for the borrower. In a similar manner, issues that can be resolved by Title; can have the same contact prohibition. Sure, we often receive a number to call, but often as not; that number is unanswered or directed to voice mail.

We are at the end of a long chain in the processing of the documents. Professional notaries are very aware that packages that fund easily equal repeat business. So why are our hands sometimes “tied behind our backs” when it comes to contact information? One reason is that the “powers that be” do not want multiple notaries contacting the borrower. How would that happen? It happens when they find a less expensive notary and tell you the job has been cancelled. Or, you called in to tell them it’s illegal in your state to notarize your own signature. Whatever. Once you are perceived as not being willing to do “whatever is necessary, illegal or not”; it’s time to “swap you out”.

But, let’s proceed on the basis of the notary and their employer being of high integrity. There is still the “typo” issue. Without recourse to the borrower, there is often no way to find them. This increases the risk factor. We all know how the industry tries to pay a tiny “trip fee”, or nothing at all if the project does not fund. Regular readers know that most of my clients PayPal prior to me making a calendar entry. The exceptions are those that have earned my trust. Yup, when the situation is “do now” and they “pay later”; you are really trusting them. Even those few, when it’s a no contact info assignment are required to PayPal “up front”. I explain that it’s due to the additional risk involved. It does not matter that THEY sent you on a “wild goose chase”, taking hours of your time – cutting a check is really hard for them to do.

When they prepay the risk is shifted back to them. Of course it’s far better to obtain the contact info, as much as possible. Often the desired phone numbers are in the package. It’s tempting to use that information when absolutely necessary. Tempting, but totally improper. You must have permission to make calls when necessary. If the directive is to never call, it’s just that. You can try to reach your employer for them to get information you need – but if you accepted calling the borrower as forbidden; never do it. No matter what. Even if it causes a broken appointment? Yes, there is never justification to go back on what you agreed, especially regarding borrower calls.

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August 18, 2015

Notary – Your Signature – Needs Work

Filed under: Ken Edelstein — Tags: , , — admin @ 10:34 am

No, I’m not referring to that strange squiggle you have on file with your notary commission. I’m talking about your “other” signature. It’s the one that your email program adds at the end of virtually every email that you send. Jeremy hoots and hollers about having a good “notes section” in your profile on 123notary.com. Well, I’m willing to bet that at least a hundred times more people see your “email signature” than see your notes section. So, why is your email signature, either non-existent, or, to put it bluntly: junky?

The automatically generated “signature” is a great source of advertising. In addition to complete contact information, you should have a graphic; and a bit about the services you provide. This is totally free advertising, and it makes it much easier for people to call you. They don’t have to hunt thru several of your emails to find contact information – it’s in each and every one you send.

And, they can do much more than call. Your signature should have a link to your web site! A real “click here” (without those tacky words, of course). Mine informs recipients that I am available for: Mobile Notary Public, Apostille Processing, Embassy/Consulate Legalization & Fingerprinting. It’s the simplest thing to use, once set up. Just click “reply” to an incoming email and your signature is generated at the bottom – there’s nothing to it. MS Word allows for at least two different ones; one for a new outgoing email, one for a reply. Depending on your email program, the signature can contain various fonts, text, pictures, logos, and links. A goldmine!

Your email signature probably “needs work” and it will be a bit of work for you to configure the signature if you never accessed that part of your email program. Read the related help section, there are probably examples and/or step by step instructions. It’s also possible to get “fancy” and have a variety of signature files and select the appropriate one for each specific email. One processing tip, for users of MS Word: I found it easier to use the full “word facilities” to create the signature, then to just copy and paste it into the signature entry facility.

While most people will just click “reply” to your email, it’s a good idea to specifically put your email address in your signature. That helps people to edit copy, edit paste your email address when forwarding email if they did not add you to their address book. A further step is to include Filename extension .vcf, .vcard. Internet media type, text/vcard … vCard is a file format standard for electronic business cards. The .vcf allows instant addition of your information to the recipient address book. You can personalize the entry with your picture, logo or a graphic.

You only get one chance to make a first impression. That’s true in person, telephone or via email. When you include an informative email signature you literally “display” both enhanced technical ability and your desire to be easy to contact. If you also take the second and more complex step, the .vef; you stand a good chance of being added (permanently?) to your client’s address book.

It’s also common to include, as the last line of the signature, a thought provoking quote; with proper credit to the author. It should represent your beliefs and philosophy, select your quote wisely. I chose a classic by Joseph Joubert: He who has imagination without learning, has wings and no feet.

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July 7, 2015

Signing of the Absurd

Filed under: Ken Edelstein,Popular on Facebook (A little),Technical & Legal — Tags: — admin @ 9:58 am

Signing of the Absurd (by Notary)
No, I’m not referring to the contents of a document that you are about to notarize. You don’t have to read (except for the notary section) when you notarize the signature of the affiant. It’s their responsibility to determine if they agree with the content, not yours. Actually, I will be discussing documents that you, the notary, sign – and sign alone. Yup, you are signing “as a notary” but nobody else is present for you to check their ID or give them the oath.

What I am referring to are those incredibly one sided “sign up” packages that border on being Power of Attorney documents. You are relinquishing virtually all of your rights. One minor example: You grant “fee deduction” if “they” find a “cause”. Naturally you dress in proper attire for your visits. But if they ask the borrower if you were impeccably spotless, was there the slightest bit of lint on your coat, a smudge on your shoe, etc. Then they can claim the borrower was “horrified” by your slovenly appearance and cut the fee at their whim, by your agreement.

I am holding a rather large “sign up” package. The only aspect common among the multitude of rules and regulations is that your fee will be reduced. Remember you have signed to agree to: Be sure that the proper paper size is used depending on the specific document. How? Most of us have dual bin LaserJet’s and print the PDF letting the PDF choose paper size. We are often asked to follow conflicting instructions. The confirmation says blue ink, the cover page on the docs says to use black – and nobody is available on the other end.

A favorite: do not leave the borrower’s home if they stop signing. I have had this a few times. An irate borrower spots something and asks me to leave. I suggest a phone call to resolve the issue, the borrower demands I leave immediately. It’s trespassing if I refuse to leave. Almost as silly, I am asked to “be absolutely sure” that the required witnesses will be present. I informed the borrower of the requirement, received assurance they will be available. But, one had a personal issue and failed to show. “It’s your fault Notary, you were required to have them both”….

This particular set of rubbish, and many similar refer to a “trip/print fee” for refusal to sign and also for cancellation during the three day period. The amount is never stated; but it is, when greater than zero; about 15 dollars. Keep in mind you signed approving this .

Let me not forget to mention the Application and “required documents” – Lots of information flowing one way. Do you know “anything” about the entity you are sending all of your personal and professional information? I doubt it. All you have is an un-proven name as the sender of the email and (usually) a “working name” for the company. What’s a “working name” it’s the name they use to “deal with you” but is not the real registered corporation or business name. In other words you tell all, and receive nothing.

Of course you give much of the same information when opening a brokerage account or applying for a credit card. The difference is that you are dealing with “name” entities, not a “puffer fish” that presents a big corporate façade, but has their only office on the kitchen table. They require you to perform “information security” with the documents to a very high standard. Sadly lacking is their assurance as to how they handle your confidential information. Think before you submit.

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June 9, 2015

POA – Proceed on Alert

Filed under: Ken Edelstein,Power of Attorney — Tags: — admin @ 10:22 pm

POA – Proceed On Alert
The Power of Attorney is perhaps the “most powerful” of all notarized documents. Some might argue the most powerful is the Will. I disagree. Wills are probated by a Court, an extended legal procedure with notifications, attorneys, and a Judge involved. On the other hand, someone with “just” a POA can gain access to a safe deposit box, sell a house; and do virtually any other function “for” the Principal who granted Agent power to them. POAs can be limited in authority when the Principal initials selected powers, or they can be, as is more common, unlimited.

There are many addicting drugs, perhaps one of the most addictive is Cocaine, a dangerous drug indeed. I think of the POA as the Cocaine of legal documents. With a properly notarized POA that is unrestricted the Agent can access funds, close accounts, sell property, enter into contracts and sign virtually any document on behalf of the Principal. It is the potential for misuse, and the subsequent litigation that has caused many bank notaries to decline processing all POAs. The bank fears its “deep pockets” will become involved in protracted court cases.

There is a slim ray of sunshine in the Power of Attorney gloom. Persons wanting notarization of POAs often have a legitimate personal gain to follow. They are eager to pay mobile notaries, having been rejected at the bank, pharmacy, etc. So the good news is they are willing to pay, but the bad news is that POAs have a somewhat greater risk to the Notary. It’s a good idea to “double down” on the ID requirements, requiring two “rock solid” IDs prior to notarization. POAs being processed at a hospital, by a patient are especially dangerous. The hospital cannot tell you what drugs the patient is taking. How are you to know if they understand what they are signing? End of Life patients often receive Morphine and other powerful medications.

There is also the general misunderstanding about how POAs are used to consider. Generally, they are surrendered upon use. The bank granting access to a safe deposit box will probably retain the Power of Attorney to protect them against potential litigation. It’s a good idea to inquire if the POA is needed for a “one shot”, such as having an attorney sign at a closing. At the other extreme, someone who will be handling the affairs for an elderly relative might need a dozen or more POAs; for banks, brokerage accounts, even to arrange “call forwarding” of cell numbers. Take the time to determine your client’s real need, and how many they will require.

Plan on spending more time at a POA signing compared to other documents. Often the Principal will “rethink” the transaction. It’s a major “letting go” of individuality; as the documents does permit someone else to sign your name. I have attended POA signings at law firms where the Principal reviewed and expressed the desire to make major changes in the POA; even though the issues and powers have been discussed with the attorney at length prior to my arrival.

Though the POA grants the right to sign the name of someone else, it is not without some limits. If I were to give my Agent an unrestricted POA, they could not use my signature to notarize a document; as that authority cannot be granted to another person. Some notaries have taken the position that the risks are too great and refuse to process POAs. In New York State, where the code requires the notary to “notarize upon demand” if the notarization is legal; it’s a crime to decline. The environment is growing more complex. There are no easy answers.

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March 3, 2015

I was Forged

Filed under: Ken Edelstein — Tags: , , — admin @ 8:12 am

I was Forged
I receive an email, supposedly from Germany. I was asked to verify that I did the notarization on a Will and an Affidavit of Claim. The sender included PDF copies of the two documents. They were hilarious forgeries. The signatures of my name as Notary on the Will, and as Commissioner for Oaths were not even close. Oddly, the first letter of my last name was signed with a lower case “e”, not a capital “E”. I replied that the documents were not signed by me.

The “notarization” of the will did not include an image of my notary stamp. In NY it’s required to either type or print the notary information under the signature. Also, notaries who are not attorneys are not allowed to notarize the signature of the person who the will is for. The will had my name as also notarizing the witnesses. Each name in the notary section was written with a different handwriting. An image of the seal of New York State was copied onto each document, presumably to replace a proper notary seal. It was a mess.

New York City does have a Commissioner of Deeds office, similar to the much more useful statewide Notary function. However, the forger replaced “Deeds” with “Oaths” – clearly this was not the work of a dedicated professional. The amount involved was in the tens of millions, in US dollars. Even stranger: these were to be used to settle in a German court. Usually, US notarized documents bound for other countries receive an Apostille; but it was not present. Of course it could not be. Part of the Apostille issuing procedure (in NY) includes notary signature verification.

So much for the actual forgery; I thought my reply ended my involvement. However, the next email from Germany raised the alarm bells. I was asked if the named beneficiary to the Will was “a fraud” and if the Affidavit of Claim was a fake. Now I was being asked IMHO a legal question. The second reply was very carefully worded. “The determination of fraud and fake are issues to be determined by the courts”. You never really know who is sending the email and if they have a hidden agenda. Write emails in such a manner that they can’t be used against you in litigation.

US currency is designed to thwart counterfeiting. But, if the recipient does not make an effort to examine the cash; even the most inept efforts are successful. In a similar manner, the recipient of a notarization should make some effort to verify its authenticity. An attachment issued by the NY State County Clerks, the Authentication; specifically mentions the signature being verified. Their form is “overstamped” after being affixed to my notarization. The issue of a “cut and paste” of a valid notaries signature onto a document fails under close examination. It might “look good” but a crime lab will find toner not ink in that signature.

As my name is “out there” on the internet it was easy for the person in Germany to obtain my email address. I can only wonder how many other forgeries are out there. Thankfully the forgery was legible and that gave access to me. Which is worse? An illegible signature that does not “point” to the notary, or a clear one that specifically spells your name? Perhaps the legibility was to permit the recipient to “look me up” to verify I was really a notary. What can be done to stop this abuse? Nothing I can think of. Sticking to my registered signature, using stamp and embosser (always) makes it easy to spot a forgery. If you have actually had to appear in court to contest a forgery please leave a comment detailing your experiences.

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February 2, 2015

Trip + Notary fee = Payment

Filed under: Ken Edelstein,NSA Pricing, Fees & Income — Tags: , , — admin @ 3:05 am

I have never, repeat never; had a dispute over my notary fees. The key is to make sure in each assignment that the notary fee is fully disclosed when agreeing to perform the service. I write this looking at a check, handed to me for not doing any notarizations. But, that is near the end of my story. Time to back up and present what happened in chronological order.

The caller is an admin assist for a company in midtown needing a notary. Caller does not know the details of what is required, just that a notary is needed. They might need one notarization or several hundred. I quote a fee of $xx for “the trip”, plus the NY State fee of $2 per signature notarized. If five people sign, and there is one notary statement naming them all; to my way of thinking I have done five notarizations with my single signature. I do have to ID check and oath all five of them. For that reason I always use the term “per signature notarized” in any fee agreement. We agree, I leave for the assignment.

Arriving ten minutes early, the receptionist tells me that the work has been already done. They had apparently scheduled a few of us; and to them “the notary race” was on! The ever-present smile behind the counter says “sorry to have troubled you”, “we have no need for your services”. I explained that the issue is not having troubled me, but that I require my fee. The office manager is called. In a calm, polite voice and manner I explain how I perceive the situation. Your admin assist made a verbal contract with me. I was required to arrive prior to a specific time, which I did; for a specific fee of $xx. It was further agreed that I would receive $2 per signature notarized. There was a clear distinction between the trip and notary fees. To earn the trip fee I had to be on time. I was on time.

The office manager initially leaned towards a “you did nothing” rejection. I noticed some signs on the wall. It was time to fire some “big guns”. I repeated there was a fee due, and if not paid I would complain to the Division of Licensing Service, and the Consumer Protection Bureau of NYC. I could tell the office manager did not want that. Two straws broke the last vestiges of resistance. I noticed you have an A+ Better Business Bureau certification. It is my intent to send a very detailed complaint to the BBB as well. Lastly, I intend to file a lawsuit against the President of your firm in Small Claims court. It will include my fee, court costs, and other expenses. We are both aware you will require an attorney to represent your corporation; I on the other hand am retired and have lots of free time to spend in a courtroom.

“Mr. Edelstein, please have a seat, it will only take five minutes to cut you a check”. The check was for the $xx trip fee and in the memo section said “transportation reimbursement”. Did I over react? I don’t think so. We had a very clearly defined two part verbal contract. The fact that, for whatever reason, they had no work for me; ONLY negates paying me the $2 per. Filing complaints and initiating lawsuits might seem extreme, but not to me. It took me a full hour in dense NYC midtown traffic to get to their office. Write it off for “good will” and hope they call me next time? Not realistic considering their tactic of playing “multiple notary race”. Actually, I would have also posted the exact truth on social media, Yelp, etc. If in your heart you feel they don’t have a “shred of a valid point” on their side; do what it takes to receive your rightful pay.

Tweets:
“But, you did nothing” the client replied after the notary wanted a travel fee for a cancelled job.

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January 27, 2015

The Mortgage & The Note

Filed under: (4) Documents,Ken Edelstein — Tags: , , — admin @ 11:41 am

The Mortgage and The Note
These two documents formulate the essence of the home purchase or refinance. The vast number of related documents provide essential and legal information. However, the Note and the Mortgage are really the “action” documents. In their most basic functionality: the note specifies the terms of the loan, the mortgage provides collateral against a default of the Note.

Curiously, the Note typically begins with “In return for a loan that I have received, I promise to pay $XXX,XXX.XX”, but rarely is the Note notarized. It is often initialed on each page by the borrower(s) that are signing the final page. There should be an agreement with the 1003, the Loan Application as to who is technically a borrower. Non-obligors who may be “on title” never sign the note. As the definitive definition of the loan; interest rate and payment terms are generally the second and third items on the first page. These are the items of greatest interest.

Also essential, but rarely initially reviewed, is the Right to Prepay; and what will happen if the borrower fails to pay according to the terms of the Note. Typically, if more than one person signs the Note, each bears the full responsibility for payment. The Note is a negotiable instrument, similar to cash or a bond. They are frequently sold by the initial lender.

Almost all variations of the note include the words “Sign Original Only” on the signature page. As a negotiable instrument is being created, multiple copies of the Note for the same obligation could lead to fraud, confusion, and the borrower(s) being asked to pay each Note! When asked to execute multiple copies of the same Note; shrewd borrowers are careful to add wording to the effect that the duplicate(s) are “file copy” and “not negotiable” next to their signature(s).

The Mortgage, often referred to as the Deed Of Trust, is generally of much greater length compared to the Note. A key provision of the Note grants the Mortgage enforceability. The Note references the related Mortgage: “In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust … dated the same date as this Note … protects the Note Holder if I do not keep the promises made in this Note”.

Think of the Mortgage as the “enforcement arm” of the Note. The Mortgage contains, in about fifteen pages; the procedures to, typically; take back the property. For notaries the Mortgage often contains a “built in” problem. On the first page of the Mortgage the borrower is “supposed” to be named. However, in lieu of their legal name the “vesting” name often appears. This is not a problem on the first page. But, it does get to be a problem on the last page. For it is there that the computer often uses the “vesting” name in the notary section.

For technical reasons, on the Mortgage vesting often includes “status” terminology such as “husband and wife” or “a single woman” or “a married man” – but **ONLY** the name is permitted in the notary section. Thus, “before me appeared John B Doe a single man” is not permitted per NY State notary laws. I am required to redact (thin line through & my initials) the “a single man” part from the pre-entered value following “before me personally appeared”. Care should also be taken to have John B Doe initial JBD not just JD if his middle initial is on the signature line of the Mortgage. I promise to pay, and, what if I don’t; are the heart of the deal.

Most fail to note (no pun) that there is language in the NOTE that incorporates the Mortgage as “part of the note”

A little mentioned aspect in the “fine print” but O so important.

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You might also like:

Ken’s comprehensive guide to Deeds — Good Deed Bad Deed
http://blog.123notary.com/?p=16285

The Deed of Trust
http://blog.123notary.com/?tag=deed-of-trust

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January 20, 2015

The Signature Name Affidavit

Filed under: Affidavits,Ken Edelstein — Tags: , , , — admin @ 11:29 am

The Signature Name Affidavit
An extension of the simple signature affidavit (this is my signature), is the signature / name / AKA affidavit. Here it becomes a little bit more complex for both the notary, and the affiant. Understanding what are probably the two most frequent uses for the form helps to jog my memory as to their importance, and how they should be processed.

Both the single name format and the multiple name formats generally use Jurat wording. As, when you think about it; an acknowledgement kinda violates the basic purpose. It would be useless. That routine notary statement “Subscribed and sworn (affirmed) before me…..” is the key. This document contains, under oath, a notary witnessed (after checking ID) signature sample. Experts can compare the “known to be authentic” sample against the signatures on the questionable documents. Both formats, if ever used, will probably see a courtroom. Always use your embosser on these.

The multiple name section has the affiant making an additional statement “I am also known as”. Generally this provides a means of processing slight variations in signatures. For example, they may miss a middle initial on one of their signatures. But only if it’s completed correctly. I am looking at a signature name affidavit that has first middle and last at the top. In the “also known” there is one entry preprinted, that one uses the first and last name. But, what if they sign first, init, last? That very likely situation is not covered by preprinting. However, there are a few blank lines for the astute notary to use. Printing (generally on the left), first, init, last; and having them sign on the right using those name components. Now if they sign first init last; on **ANY** document, that document (per their own sworn statement) has their legal signature. This catch might make the closing go smoothly. And, let us not forget; eliminate the need for a free correction trip!

Now for the hard part. The above paragraph was just a warm-up; prepare for some grief. There are AKA entries that raise the eyebrows of the affiant. Very few of them will object to adding or subtracting variations possible of the middle name; they will sign off on that. However, when there are one or more entries that are vastly different from the legal name there is a problem. The root of the problem will never become known to you. They want “confirmation” of the extreme variation to deal with a situation that might have started as a clerical error. This blog entry makes no attempt to deal with the issue of fraud issues related to AKA entries.

I have had affiants, often in their attorney’s office; hand add the term “have never been known as” to a line item, adding proper initialing. They then proceed to sign the rejected name. It’s their sworn statement, and their lawyer wisely wants their statement completely truthful. It is possible that the processor of the signature name affidavit just glances to see that “the boxes are full”. I don’t know the odds, but the few modified ones I notarized did not bounce back. How could they? The affiant modified the form to reflect the truth, sworn under oath.

You can’t suggest the “never been known”, unless you are an attorney. So, lacking a parachute; the affiant will sometimes refuse to sign. If possible call “upstream”, and let them work it out. When nobody was reachable, I accepted them signing only at the top. It’s a fine line between making something available to sign; and exerting influence to sway their sign, no sign decision.

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You might also like:

The Signature Name Affidavit (2016 version)
http://blog.123notary.com/?p=16298

Ken’s tips for the Closing Disclosure
http://blog.123notary.com/?p=17116

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