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February 15, 2015

Point (1) Deed of Trust; Story: Marcy Becomes a Notary!

Marcy the housewife becomes a Notary!

Marcy was a normal Midwestern housewife. She enjoyed all of the normal aspects of life. She had a small child, her first. She enjoyed the local festivals, corn mazes, county fairs, and married life as well. But, her family seemed to always be behind the eight-ball financially. What was Marcy to do? She tried temping for a while, but that didn’t pan out. Then, she tried being a substitute teacher since she liked kids, but the assignments weren’t regular enough. She had tried all her options and couldn’t think of anything else to do. So, she went next door to Patricia’s house to see if Patricia had any helpful words. Patricia was known in the neighborhood as the go to person if you had a problem. She could help anyone out of any slump and knew the right thing to say in any situation. Marcy picked the wrong day to go to Patricia for help. Of all the days in the year, this was the worst possible day.

Marcy went over and knocked on the door. Patricia answered, but said she was waiting for someone. Then, a nicely dressed guy showed up with a briefcase. What could he be here for thought Marcy? “Oh, this is the mobile notary for my loan documents,” announced Patricia. Marcy said, “Okay, I’ll bother you another time.” Patricia asked her to come back the next day.

Marcy returned the next day. Patricia had only one thing to say: “You could totally do this!” “Do what?” “Be a mobile notary — you’d love it!” “I would?” “Yup!” It is odd how people become mobile notaries. It often happens when they or a friend have a loan that needs to get signed. Then the career opportunity light bulb flashes in their head, and the rest is history.

Marcy marched down to the county recorder’s office, filled out the paperwork, waited a few weeks to get her commission, seal, journal and forms, and she was in business! She was officially a state commissioned Notary Public and a mobile notary because she drove to her appointments. Just one small thing… She didn’t have any appointments. So Marcy went back to Patricia again to ask for help. Patricia suggested calling the notary who had helped them. Maybe he would know how to get work. Except they would be competition for him. Oooh. A touchy subject. Should they call? I guess it couldn’t hurt. In the worst case scenario, he would just decline to help them. After talking to Tom, he recommended calling 123notary and Notary Rotary. Those were the two most reputable sources of notary work at the time. That sounded easy enough. So, Marcy got herself listed on 123notary.com and the calls started coming in. (Obviously Marcy didn’t show up in 2014 because not so many calls came in that year!)

Marcy purchased the 123notary loan signing course. She didn’t study it that hard in the beginning, because she didn’t realize how important the information in it was. She decided to learn the hard way. You’ll see when you read the stories of all the trouble she got herself into.

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Point (1) The Deed of Trust — Quick Facts!

(1) The Deed of Trust is the security instrument. BTW: The term Instrument means document.

(2) The Deed of Trust must be notarized. Make sure you have thumbprints in your journal for any deed.

(3) The Deed of Trust is recorded with the county recorder of the county where the property is located. The people at the County Recorders Office can often be picky and will not tolerate: cross-outs, smudgy or light seal impressions, or incomplete notarizations. Some recorders are pickier than others, so assume that they will all be very picky. If your notarization is rejected by the County Clerk, someone will have to notarize it all over again, and the borrower could experience a costly delay in their loan.

(4) As a general rule, the borrower must sign the Deed of Trust as their name appears on Title. If you use a Signature Affidavit, you might be able to have them sign in a different way, although the loan might be rejected by the Lender, in which case you might have to start all over again after a redraw.

(5) It is often required for the borrower to initial each page of the Deed of Trust

(6) The Deed of Trust is referred to as The Mortgage in many states, which is similar in essence, although there are some legal differences between the two documents which we will not discuss here.

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The Deed of Trust states:

(a) The loan amount

(b) Who the lender is (and their contact information)

(c) Who the borrowers are

(d) The location and description of the property.

(e) When the loan matures (or when the loan expires: e.g., 05-31-2031)

(f) Who the trustors and trustees are

(g) The loan is secured by the property.

(h) A Description of the Property

The Deed of Trust also mentions that the borrower has to pay taxes, principle, interest, late charges, etc. It doesn’t list figures other than the loan amount, but those will be in the note and/or other documents. Deeds of trust usually range from being 2 to 30 pages. Various other terms and explanations are in this instrument, however, those terms are not of much importance to the Signing Agent.

Riders. The Deed of Trust could come with various riders. We will not discuss the riders in this section since they are numerous and self explanitory. There are little check boxes in the Deed of Trust that will indicate which riders would be included.

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You might also like:
30 Point Course Table of Contents
http://blog.123notary.com/?p=14233

Point (2) The Note
http://blog.123notary.com/?p=14270

Deed of Trust (glossary entry)
http://www.123notary.com/deed-of-trust.asp

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August 6, 2019

I Bounced Trustee signing – Refunded – 15 Min after docs arrived

Filed under: Ken Edelstein — admin @ 9:08 pm

I Bounced Trustee signing – Refunded – 15 Min after docs arrived
I asked the all purpose question – Is there anything else I will be asked to do other than print, go, legally notarize, ship, report completion. They said “that’s it”. They sent my standard PayPal fee in 5 minutes.

When the doc arrived there was a requirement to scan and email two of the pages; OK, I’ll live with it. Even though it requires finding a parking spot, scan, email, and back out to ship. But, as they paid so quickly – I just said to myself “such is life”. But, it gets worse, as usual with my telling a lot worse.

Postdate not Backdate.
Along with the scan and email was a statement from title that I could ignore the fact that the docs were dated for the day after the notarization was scheduled. That was on the Mortgage. Borrower was predated as (no changes) signing on the 5th, the witnesses (another surprise) date the actual 4th as do I. That sure would look strange. I check with American Society of Notaries – that’s prohibited. Strike One.

Notary notarize thy self
There were two documents for notary only signatures that called for venue, stamped and seal. The first had me swear to the validity of the attached borrower ID copy – also prohibited by ASN. The second asked me to “verify” that the correct person signed, again sworn by me. Strike Two.

The closing Affidavit
The borrower signed over the words “Minnie Mouse, Trustee” – but in the notary section after the before me was “Minnie Mouse, followed by a lengthy description of the trust details”. They did include a copy of the trust (to reassure me?). Thus I was providing the trust details that the affiant did not swear to! It was the same situation for several other documents. Strike Three.

Let me outta here
Fortunately they sent the docs on Tuesday, at 7PM with the task scheduled for Thursday at 3PM, about two days later. Of course nobody at title was there to answer the phone. How I wished I had asked for the person who gave me the assignment to provide their cell number. I sent emails only stating that I had issues with the documents and also processed a complete PayPal refund. I had not printed the docs as it is my custom to review the PDFs on screen to be sure I would be able to accept the task. I also sent screen images of the ASN site showing that the specifics mentioned above were prohibited notary functions.

Lessons Learned
During “first contact” I was given the choice of them emailing the doc to me or they would ship the package to the borrower. Always have the doc emailed to you – so you can take a look at it and not wind up in a situation where you must decline to proceed and also want a trip fee. That would make for everyone involved to be unhappy. Look carefully at those notary sections, they are your statement. The fact that they sent me the Trust is meaningless; the notarized document must be able to “stand on its own”. Years later if there is litigation would you have the Trust document? Has it been revoked? Are you qualified to determine if it is valid? I am only allowed in the notary section to have the name as on ID.

What to do
Run away from questionable jobs. Your defense attorney would cost you a lot more than the tiny notary fee. Don’t count on E&O to step in when your actions are clearly improper – Dump the illegal tasks!

You might also like:

Good Deed Bad Deed
http://blog.123notary.com/?p=16285

The 123notary elite certification study guide
http://blog.123notary.com/?p=20118

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April 19, 2016

Good Deed Bad Deed

A deed is a document that transfers ownership of real estate from grantor to grantee. As there are usually two parties involved, the grantee wants to “receive the most” and the grantor wants to “give the least”. For this reason there is a gradient of “what is given”, ranging from virtually nothing being assured, to virtually absolute assurance going to the grantee.

Quit Claim Deed – used to transfer whatever ownership the grantor may have, possibly none whatsoever due to a title flaw. Grantee has no recourse. It’s also used to change vesting errors when a spelling error is in the vesting. It makes no warranty whatsoever.

Fiduciary Deed – issued by an agent (trustee, guardian, executor) acting in official capacity. Only the authority of the agent is warranted, think Quit Claim by other than “owner”. Often used by estates, trusts, sheriffs sales.

Bargain and Sale Deed – similar to Quit Claim, but the property is being sold rather than just relinquished. It does not guarantee that sellers’ ownership of the property is free and clear. Often used to transfer court seized property where the title chain is uncertain.

Trust Deed / Deed of Trust – used to secure a mortgage or note. It gives the trustee (typically the bank) the right to sell the property if the borrower defaults.

Grant Deed – provides assurance that the grantor owns the property and has not previously sold the property. And that there are no liens or encumbrances (made by the grantor) unless disclosed in the deed. Essentially saying the property is free of debt (of or by the grantor).

Special/Limited Warranty Deed – the grantor warrants clear title except for issues that existed prior to the grantor taking possession or are mentioned in the deed. Essentially the grantor is giving assurance that they did nothing to hinder clear title transfer. But, issues typically unknown to seller regarding title are not covered. Usually title insurance is required with the S/L WD to obtain bank approval for loans.

General Warranty Deed – Grantor conveys, without limitation, all of their right, title and interest to the property. Guaranteeing they are the rightful owner, property is free and clear of all encumbrances and debt (unless mentioned in deed). A key provision is that the grantor warrants the entire title chain, including issues prior to their taking possession to be clear, similar to title insurance. Grantor warrants having current title and possession.

Thus at one end of the spectrum is the quit claim deed, essentially saying “if it’s mine, it’s yours”; to the general warranty deed. With the GWD giving assurances as to clear ownership and the “Covenant of Quiet Enjoyment”. The COQE assuring the grantee will not be disturbed or dispossessed by a party having a lien or superior title. As is so often the case with legal documents, the devil is in the details. Fortunately, the title of the deed can quickly eliminate formats that are undesired. However, deeds are usually associated with purchases involving large sums of money, often the largest single purchase in a person’s lifetime. Many review the HUD, TIL, Note and Mortgage very carefully. But, they assume “a deed is a deed”. It’s best to have a skilled real estate attorney explain the deed prior to signing this important document.

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You might also like:

The Closing Disclosure
http://blog.123notary.com/?tag=closing-disclosure

The Signature Affidavit
http://blog.123notary.com/?tag=signature-affidavit

The Compliance Agreement
http://blog.123notary.com/?tag=compliance-agreement

Our string on Power of Attorney posts
http://blog.123notary.com/?tag=power-of-attorney

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

Affidavits — in general
http://blog.123notary.com/?tag=affidavit

Index of information about documents
http://blog.123notary.com/?p=20258

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March 1, 2015

Point (5) HUD (6) Occupancy (7) Deeds; The Value Menu BACKUP checked

I get paid enough to get something on the Value Menu

His name was Chester. He had been a Notary for years and he had seen it all. People liked hiring Chester, because he was on time, knowledgeable, and had quite a sense of humor. Unfortunately, a good sense of humor can be like a double edged sword. Not everyone will like your jokes. Chester was good at introducing the documents, and answering all questions.

CHESTER: Hi, my name is Chester. I’m going to be your Notary Signing Agent today. I am here to supervise the signing of these documents. If you have general questions about the documents, or what information is in which document, I am happy to answer. However, if you have specific questions pertaining to your loan, I will most likely refer those questions to your Lender.

ELLEN: Got it.

(ring-ring)

ELLEN: Hello? You want to speak to the man of the house? You must have the wrong number!

CHESTER: Let’s open the package here. Okay, this is the Deed of Trust. This document includes a property address, the amount of the loan, and ties your property as collateral for the loan. Additionally, it states the expiration date of the loan in 2045.

ELLEN: Right after the war of 2045. How convenient. I heard the war was going to end in June, and my loan expires right in July! Perfect! We’ll have two things to celibrate.

CHESTER: I didn’t know a war was scheduled.

ELLEN: Oh, that’s the new thing. Instead of going at it right away, people are so busy these days that they don’t have time for wars, unless they are scheduled at least twenty years in advance. I even have an app for that. It’s called — schedule my war. It has a D-day add-on too! Pretty cool. Looking forward to it.

CHESTER: And I thought that I was usually the funny one at signings. Now, this document is The Note. It has your payment amounts, if there is a prepayment penalty it will discuss that, and it has your Rate, and the amount of the loan.

ELLEN: My rate? My rate is by the word. Yeah. I charge by the word when I write material. But, my manager says that I should charge by the laugh. I get one rate for my initial time telling the jokes and then residuals. We do that at clubs too. Instead of a $30 cover charge, we have a laughometer strapped to each person. We charge them based on how many times they laughed and how hard they laughed. One guy had to Mortgage his house to pay his bill the last time I was on stage. Oh! Only 4.5% Cool! I won’t have to Mortgage my house to pay that. Did I say that? Oh — I AM Mortgaging my house and as a result will have to pay that. Got it!

Chester’s signing with Ellen went well. She would have appreciated his jokes if she hadn’t kept him laughing with her own jokes. But, Chester’s next signing didn’t work as well. The problem happened when he got to the HUD.

SAM: And who did you say you worked for again? You’re a subcontractor, right?

CHESTER: I subcontract for H&B Lending, over $40 billion served (lended)

SAM: I’m loving it! Don’t I deserve a break today?

CHESTER: Give ME a break, that ad is 40 years old! And this next document is the HUD. The HUD itemizes all of the expenses related to your loan.

SAM: Let me read that. Hmmm. On this line it says that the Notary fee is $250. How much of that do you get?

CHESTER: Oh, enough to get something on the value menu at McDonalds.

SAM: Okay, that’s not funny. Get out of my house! You damn Notary!

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Point (5) The HUD Settlement Statement
This document is often faxed or emailed at the last minute as Lenders often do not have their act together and need to make last minute changes to documents. Without the HUD, the loan cannot close.

The Settlement Statement or HUD contains information about fees and payoffs. Here, you can check to see what the Notary fee is and compare that to what you are being paid. Do not discuss these numbers with the borrower because it is between them and the Lender, and they are both relying on you for confidentiality. If the borrower already paid an appraisal fee out of their pocket and they are being charged again, for example, have them talk it over with the Lender. Don’t try to answer whether or not they will be reimbursed for certain fees; just have them speak to the Lender. If the Lender is not available, let them know that they have several days to talk to the Lender while they have the right to rescission (the right to cancel). The above situation with appraisal fees happens frequently.

There are several other documents that are similar to the HUD such: as the “Estimated Closing Statement” and the “Good Faith Estimate”. These documents were often drafted earlier in the loan process and don’t always reflect final numbers.

Seasoned Notaries often know what piece of information is on each line of the HUD and have the structure of the document memorized.

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Point (6) The Occupancy Affidavit

There are different variations to this document; sometimes it is called ‘Occupancy Affidavit and Financial Status’. The purpose of this document is for the borrower to state that they live in the subject property (which means the house they are borrowing money on). In addition, it asks the borrower to state that they haven’t had any sudden financial changes — for example, unemployment or bankruptcy. Keep your eyes open; if you don’t check which variation of the Occupancy Affidavit you are dealing with, you might make a fool of yourself (a fool and his money are soon parted.) This document is usually notarized.

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Point (7) Grant & Quitclaim Deeds

There are four major reasons to have a Grant Deed.

(1) To transfer property in a sale of property

(2) To take someone’s name off of a deed so they won’t be liable for a loan when the other owners want to borrow money.

(3) To transfer the property to or from community property in a trust.

(4) To change someone’s name on the deed
The deed could transfer a property from “Jane F. Doe” to “Jane Doe”. This is very common for people with name variations because sometimes a loan can’t fund without the property being recorded as being owned by the owner with a particular name variation.

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Quitclaim Deeds

Quitclaim Deeds are often used to take a person’s name off title. Here is some more information:

A Quitclaim Deed is a legal document which transfers a property to the buyer or owner, whatever interests in the property are held by the maker of the deed. A Quitclaim Deed does not guarantee that those interests are valid. By accepting such a deed, you accept the risk that someone may later appear with a valid claim to your property. A Grant Deed on the other hand guarantees from grantor to grantee that the title is clear. An example of a circumstance where a Quitclaim may be used is where one spouse is disclaiming any interest in property that the other spouse owns. Of the different types of deeds, the Quitclaim has the least assurance that the grantee receiving it will actually get any rights. A Quitclaim deed does not release the party quitting claim to real property from their obligations in any mortgage or other lien secured against the pertaining property.

A Quitclaim Deed is a common, but not standard document in a loan document package. Sometimes, ownership has to be transferred or someone needs to be taken off a Deed before a loan can officially go through. Quitclaim Deeds are always notarized using an Acknowledged signature and the signer must always be positively identified by the notary public for security purposes. Some states also require the notary to take fingerprints in their notary journal for Quitclaim and other deeds affecting real property.

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You might also like:

30 Point Course Table of Contents
http://blog.123notary.com/?p=14233

30 Point Course (8-9) The 1003 & Compliance Agreement
http://blog.123notary.com/?p=14335

HUD-1 Settlement Statement
http://blog.123notary.com/?p=10197

I go over the HUD-1 First
http://blog.123notary.com/?p=4819

The Affidavit of Occupancy
http://blog.123notary.com/?p=10193

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November 30, -0001

Point (5) HUD (6) Occupancy (7) Deeds; The Value Menu

Filed under: Loan Signing 101 — Tags: — admin @ 12:00 am

I get paid enough to get something on the Value Menu

His name was Chester. He had been a Notary for years and he had seen it all. People liked hiring Chester, because he was on time, knowledgeable, and had quite a sense of humor. Unfortunately, a good sense of humor can be like a double edged sword. Not everyone will like your jokes. Chester was good at introducing the documents, and answering all questions.

CHESTER: Hi, my name is Chester. I’m going to be your Notary Signing Agent today. I am here to supervise the signing of these documents. If you have general questions about the documents, or what information is in which document, I am happy to answer. However, if you have specific questions pertaining to your loan, I will most likely refer those questions to your Lender.

ELLEN: Got it.

(ring-ring)

ELLEN: Hello? You want to speak to the man of the house? You must have the wrong number!

CHESTER: Let’s open the package here. Okay, this is the Deed of Trust. This document includes a property address, the amount of the loan, and ties your property as collateral for the loan. Additionally, it states the expiration date of the loan in 2045.

ELLEN: Right after the war of 2045. How convenient. I heard the war was going to end in June, and my loan expires right in July! Perfect! We’ll have two things to celibrate.

CHESTER: I didn’t know a war was scheduled.

ELLEN: Oh, that’s the new thing. Instead of going at it right away, people are so busy these days that they don’t have time for wars, unless they are scheduled at least twenty years in advance. I even have an app for that. It’s called — schedule my war. It has a D-day add-on too! Pretty cool. Looking forward to it.

CHESTER: And I thought that I was usually the funny one at signings. Now, this document is The Note. It has your payment amounts, if there is a prepayment penalty it will discuss that, and it has your Rate, and the amount of the loan.

ELLEN: My rate? My rate is by the word. Yeah. I charge by the word when I write material. But, my manager says that I should charge by the laugh. I get one rate for my initial time telling the jokes and then residuals. We do that at clubs too. Instead of a $30 cover charge, we have a laughometer strapped to each person. We charge them based on how many times they laughed and how hard they laughed. One guy had to Mortgage his house to pay his bill the last time I was on stage. Oh! Only 4.5% Cool! I won’t have to Mortgage my house to pay that. Did I say that? Oh — I AM Mortgaging my house and as a result will have to pay that. Got it!

Chester’s signing with Ellen went well. She would have appreciated his jokes if she hadn’t kept him laughing with her own jokes. But, Chester’s next signing didn’t work as well. The problem happened when he got to the HUD.

SAM: And who did you say you worked for again? You’re a subcontractor, right?

CHESTER: I subcontract for H&B Lending, over $40 billion served (lended)

SAM: I’m loving it! Don’t I deserve a break today?

CHESTER: Give ME a break, that ad is 40 years old! And this next document is the HUD. The HUD itemizes all of the expenses related to your loan.

SAM: Let me read that. Hmmm. On this line it says that the Notary fee is $250. How much of that do you get?

CHESTER: Oh, enough to get something on the value menu at McDonalds.

SAM: Okay, that’s not funny. Get out of my house! You damn Notary!

.

Point (5) The HUD Settlement Statement
This document is often faxed or emailed at the last minute as Lenders often do not have their act together and need to make last minute changes to documents. Without the HUD, the loan cannot close.

The Settlement Statement or HUD contains information about fees and payoffs. Here, you can check to see what the Notary fee is and compare that to what you are being paid. Do not discuss these numbers with the borrower because it is between them and the Lender, and they are both relying on you for confidentiality. If the borrower already paid an appraisal fee out of their pocket and they are being charged again, for example, have them talk it over with the Lender. Don’t try to answer whether or not they will be reimbursed for certain fees; just have them speak to the Lender. If the Lender is not available, let them know that they have several days to talk to the Lender while they have the right to rescission (the right to cancel). The above situation with appraisal fees happens frequently.

There are several other documents that are similar to the HUD such: as the “Estimated Closing Statement” and the “Good Faith Estimate”. These documents were often drafted earlier in the loan process and don’t always reflect final numbers.

Seasoned Notaries often know what piece of information is on each line of the HUD and have the structure of the document memorized.

.

Point (6) The Occupancy Affidavit

There are different variations to this document; sometimes it is called ‘Occupancy Affidavit and Financial Status’. The purpose of this document is for the borrower to state that they live in the subject property (which means the house they are borrowing money on). In addition, it asks the borrower to state that they haven’t had any sudden financial changes — for example, unemployment or bankruptcy. Keep your eyes open; if you don’t check which variation of the Occupancy Affidavit you are dealing with, you might make a fool of yourself (a fool and his money are soon parted.) This document is usually notarized.

.

Point (7) Grant & Quitclaim Deeds

There are four major reasons to have a Grant Deed.

(1) To transfer property in a sale of property

(2) To take someone’s name off of a deed so they won’t be liable for a loan when the other owners want to borrow money.

(3) To transfer the property to or from community property in a trust.

(4) To change someone’s name on the deed
The deed could transfer a property from “Jane F. Doe” to “Jane Doe”. This is very common for people with name variations because sometimes a loan can’t fund without the property being recorded as being owned by the owner with a particular name variation.

.

Quitclaim Deeds

Quitclaim Deeds are often used to take a person’s name off title. Here is some more information:

A Quitclaim Deed is a legal document which transfers a property to the buyer or owner, whatever interests in the property are held by the maker of the deed. A Quitclaim Deed does not guarantee that those interests are valid. By accepting such a deed, you accept the risk that someone may later appear with a valid claim to your property. A Grant Deed on the other hand guarantees from grantor to grantee that the title is clear. An example of a circumstance where a Quitclaim may be used is where one spouse is disclaiming any interest in property that the other spouse owns. Of the different types of deeds, the Quitclaim has the least assurance that the grantee receiving it will actually get any rights. A Quitclaim deed does not release the party quitting claim to real property from their obligations in any mortgage or other lien secured against the pertaining property.

A Quitclaim Deed is a common, but not standard document in a loan document package. Sometimes, ownership has to be transferred or someone needs to be taken off a Deed before a loan can officially go through. Quitclaim Deeds are always notarized using an Acknowledged signature and the signer must always be positively identified by the notary public for security purposes. Some states also require the notary to take fingerprints in their notary journal for Quitclaim and other deeds affecting real property.

.

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October 10, 2019

Stand up routine at a signing

Filed under: Humorous Posts — admin @ 11:23 pm

It started out being just a normal signing. But, the Notary was no ordinary Notary.

NOTARY: Hi, my name is Charles and I will be your signing agent this evening. If you have any questions during the signing process, please feel free to address those to me.

BORROWER: Sounds like a deal, Charles. We’ll conduct the signing in the dining room.

NOTARY: Great.

BORROWER: Would you like to sit down?

NOTARY: Oh, you see, my style of signings is more of a stand up signing.

BORROWER: Oh, yeah, I read in your reviews that you are a stand up guy. Now, I think I know what they meant.

NOTARY: Good one. I didn’t know my reviews said that. I thought it said that I showed up on time;

BORROWER: That was only for one signing, the one where you set your clocks back an hour in November. No wonder you were on time for the first time in your life.

NOTARY: That was low, but it works. Anyway. Let’s begin with the Deed of Trust. We need to initial each page.

BORROWER: Have you done this before, or do you consider this to be improv?

NOTARY: I did my routine once, but on a reverse mortgage, so I have to turn my jokes around for this type of signing.

BORROWER: Do you need to go back into the driveway and turn your car around too?

NOTARY: Not until the signing is over.

BORROWER: Good one! Okay, look. This is my initial initial.

NOTARY: Hey, not fair, you are funnier than me. Oh look, your APR is 6.2% — what a joke!

BORROWER: Uh oh, I could have you reported for kibbitzing on my loan. No commentary aloud — allowed.

NOTARY: Did you just make a word play? You are right, I have no place commenting on your loan, especially not satirically.

BORROWER: I didn’t shop around for this.

NOTARY: It’s okay. The 30 years you are paying 6.2% instead of 6.1% will probably only cost you $40,000 and I’m sure the ten hours you saved by not shopping around is worth more than $40,000, right?

BORROWER: Grumble. You are so fired, but thanks.

NOTARY : On the other hand, rates just went up, so you probably lost your lock, and the financial institution you borrowed from is one of the best and gives competitive rates, so you did okay. I just said what I said in jest.

BORROWER: Hey, you just made a word play with the just and the jest. Was that a soliloquy?

NOTARY: No, you are just being silly-oquy. Now, let’s look at the HUD or the Closing Disclosure. Hmm, it says the Notary fee is $300. Guess how much of that I get?

BORROWER: Umm, the whole thing?

NOTARY: You missed your calling in life — you should have been a comedian. No, I get $60 which covers my gas, printing, other auto expenses, and a happy meal.

BORROWER: Reminds me of the time I went on a rick-shaw ride in India. The guy wanted 70 rupees and I offered him 60. He said, “Hey buddy, the price if imported whiskey is not going down — 70, no discounts.”

NOTARY: How comforting. That reminds me of the Arabian signer I had who told me all about his harem. He had four Saudi girls, two African girls, but wanted a blonde. So, he went to all types of trouble to coerce a blonde to live with him in his palace. He finally got a girl named Christina to be part of his harem. He said, “Once I had a blonde blue eyed lady as part of my harem — Christina. She always used to talk back to me… I found it so (pause) refreshing. After three months I had to send her back to the states. I will never forget my little Christina.”

BORROWER: You know how it is for people in third world countries. I think there is an expression about white girls (or guys) — Once you’ve had vanilla, you’ll love like a chinchilla, sipping sarsparilla, on a beach on the coast of Manila.

NOTARY: That must be a come back to — once you’ve had black, ain’t no turning back.

BORROWER: Something like that, although yours is more imaginative especially with the chinchilla. Do they have chinchillas in the Philippines?

NOTARY: Not sure, I think they are cute little creatures who live in the Andes. Okay, now to the Right to Rescind. Forgive me father, for I have rescinded.

BORROWER: Oh, that’s an old one. I’ve heard that many times from all of the past Notaries I’ve met.

NOTARY: I know, sounds like something they would say on late night television on Craig Ferguson’s show. Okay, you can cancel by email, fax, or in writing.

BORROWER: I don’t have a fax.

NOTARY: Well then better make sure you really want this loan!

BORROWER: I think I want it. But, I do have email.

NOTARY: Better print out the email and the send date so you have proof that you sent it. You know how these banks are.

BORROWER: Okay, I signed here. Are you going to acknowledge my signature.

NOTARY: No, you are.

BORROWER: So, let me get this straight. I acknowledge my own signature, and then you are the one who gets paid.

NOTARY: As I said before — you’re in the wrong profession.

BORROWER: I’m beginning to think you are right.

NOTARY: Now, on to the signature affidavit. You have to swear that you signed it.

BORROWER: Okay, (raising his right hand) I swear.

NOTARY: But, you haven’t signed it yet.

BORROWER: Oh yeah.

NOTARY: Thank God you’re not a Notary, missing a signature like that — otherwise you’d really be in the wrong profession! That’s not only careless what you did, but illegal — 5 years.

BORROWER: Five years for a little joke?

NOTARY: That was under Oath with a public official — me.

BORROWER: Good God, I’ll stick to jokes about the APR from now on. Did you hear about the APR that wanted to go onto the next stage in life? He became a BPR.

NOTARY: Bad one. Boo. I got one. How do you define the APR to a non-borrowing spouse?

BORROWER: You mention it deducts many of the fees and closing costs before doing the calculation? That’s not funny.

NOTARY: It is with your loan. Have you seen the appraisal fee — that’s insane!

BORROWER: You’re fired… again. Except I can’t fire you because you have something on me — that damn Oath I took. My pre-signature Oath.

NOTARY: Those pre-signature Oaths will get you every time. I call them pre-sigs. Happens all the time. Borrowers will swear to anything, they think it’s cool.

BORROWER: Now to do the Jurat. You need to watch me sign in your presence for one of these according to what I read in Jeremy’s course. Are you watching? I’m signing now, keep looking…. I saw you look away… Keep looking.

NOTARY: Are you even watching what you are signing, or are you just watching me?

BORROWER: Oh, you are … what a scribble. I signed that? I should have been paying attention.

NOTARY: Correction, you should have been witnessing your own signature instead of trying to witness me witnessing your signature.

BORROWER: Once again, I’m in the wrong profession, but thank God I’m not a Notary.

NOTARY: Exactly. Jokes aside — yes! Okay.. got one. What did the Notary say to the borrower?

BORROWER: Umm. Sign here?

NOTARY: No, he said, “Sign exactly as your name appears on title.”

BORROWER: That sounds about right, but isn’t funny. What if the borrower is irate about their APR?

NOTARY: That’s more along the lines of where you get to the punch line. Or getting thrown down a flight of stairs.

BORROWER: Ouch. Did that really happen?

NOTARY: It’s all documented in Jeremy’s blog — real story, and that’s no joke. Now let’s look at the 1003.

BORROWER: Page three says, “This page intentionally left blank.” sounds like a Seinfeld situation. It’s more like a joke than a real loan document.

NOTARY: That’s the irony. It looks like a joke, but it actually isn’t a joke.

BORROWER: That’s kind of like most of your jokes in reverse. They sound like jokes, but they aren’t funny.

NOTARY: You laughed, so they are funny, at least to you.

BORROWER: You got me on that one just like my Lender got me on the APR.

NOTARY: Now it is time to do journal thumbprints. I need three thumbprints, one here, one here, and one here — one for each entry.

BORROWER: Here you go.

NOTARY: So, how would you rate the signing overall — jokes aside?

BORROWER: I would give it three thumbs, but not three thumbs up. Three thumbs horizontally.

NOTARY: Not sure if that constitutes an official rating, but it will have to do.

You might also like:

Index of best comedy posts from 2015
http://blog.123notary.com/?p=20295

The Mayan rescission calendar
http://blog.123notary.com/?p=15096

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January 15, 2019

Notary Etiquette 104 — Confirming the Signing & At the Signing

CONFIRMING THE SIGNING & AT THE SIGNING
Return to Table of Contents for – Notary Etiquette 104

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1. Call to confirm the signing.
First introduce yourself on the confirmation call. Then go over all pertinent points. Make sure the ID proves the name on the documents and that all the signers will be there. You should also verify that there is a clean table to sign on. You should go over how long the signing should take, if there is anything going back to the document custodian and if they have used morphine or Jack Daniels within several hours of the signing. Nothing beats a sober signer or a well-organized Notary Public.

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2. Introduce yourself at the door.
It is good to mention that you are Joe the signing agent and that it is your job to facilitate the signing. Mention that they can address all of your questions to you, but that you cannot answer specific questions about their loan, but only general questions about loan documents and Notary procedure.

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3. Small talk is good.
People like a friendly Notary who can talk about small talk. But, avoid any topics that could be controversial such as gender issues, sex, guns, and how born-again Christians should have a second birth certificate for when they were born the second time.

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4. Don’t discuss guns and religion.
Unless you are notarizing the Obamas, don’t bring up Joe the plumber, or religion. But, if you are notarizing the head of the NRA then you might reconsider guns. If you ask him to shoot you an email, don’t be surprised if he asks what you want him to shoot it with! Yee-haw!!!

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5. Don’t park in the driveway.
The driveway is for the residents to park in, not you. You are their humble servant who parks on the street (sorry).

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6. Call if you’re going to be late.
If you are going to be late, call and let them know ahead of time rather than keeping people hanging.

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7. Don’t rush the borrowers.
On the other hand, if you have another appointment to go to, let them know when you have to depart. If you are under a time crunch, you can discuss their right to rescind if applicable and remind them that they have borrower copies.

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8. No drinks on the table
Drinks can spill, so unless you want your Deed of Trust drenched, keep the drinks on a chair or a separate table — no exceptions.

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9. Know when to call the Lender.
If the borrower asks questions, you need to know in advance which questions you can answer and which questions to refer to the Lender. You should have the phone numbers for Title, the lender, and any other relevant party. You can answer questions about what information is where in the documents as well as Notary questions. You should not answer questions specific to their loan.

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10. Middle initials
If the signer doesn’t want to sign with their middle initial, politely tell them that they need to sign the way their name reads on title otherwise their loan might not fund.

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11. How long to wait for return calls
If you try to reach one of the contact people for the loan such as Title, Loan Officer, Lender, etc., and they do not answer, try to give them a reasonable amount of time to respond. Twenty minutes to an hour seems reasonable.

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12. Dress for success.
People get very put off if you do not dress like a business professional. Business casual or business formal is fine. Avoid jeans and definitely don’t wear flip flops, shorts, bathing suits, heavy makeup, short skirts, or night club apparel. Signers get in trouble all the time for not dressing for success.

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13. Don’t bring your kids.
Believe it or not, some Notaries will bring their family to the signing. This is very intrusive and rude. Either keep your family at home, or in the car, but don’t bring them to the signing.

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14. Don’t complain.
Don’t tell the customers how bad certain signing companies are or who didn’t pay you. Keep your personal business personal. It makes a terrible impression if you talk about this stuff.

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15. Don’t give opinions about the loan.
The worst thing a Notary can do is to give an opinion, especially a negative opinion about a loan. You can get fired, blacklisted or even sued because of this. Some borrowers might cancel their loan because you told them they were getting ripped off.

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16. Following instructions
If you were asked to sign in blue, then sign in blue. If you were asked to start at page four, just do it, don’t explain or make excuses, just follow instructions. If you are asked to fax back page 1 to 28, don’t complain, just do it.

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17. If you make a mistake
If you make a mistake as a Notary, you might have to go back out there and fix the mistake. So, don’t keep people waiting. Go back out there and clean up after yourself.

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18. The grace period
As a Notary, you might be asked to answer emails after a job is done. There might be a problem, error, or just an inquiry. If you don’t answer your email or phone because you are on vacation or just don’t feel like it, that can cause a big problem.

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January 8, 2019

Spousal States List

Which states are spousal states for Notary Loan Signing?
Alabama
Alaska
Arkansas
Colorado
Florida
Illinois
Iowa
Kansas
Kentucky
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
New Hampshire
New Jersey
North Carolina
North Dakota
Ohio
Oklahoma
South Dakota
Tennessee
Vermont
West Virginia
Wyoming

Note
If you are a married homeowner in a Spousal State, your spouse is required to sign certain documents to attest that he or she is aware of the new loan.

Typically, the spouse will need to sign the Deed of Trust, the Right to Cancel, the Truth-In-Lending (TIL), and a few other title and settlement documents.

Your spouse is not financially responsible for the mortgage transaction by signing these documents as long as they are not on the note (the note is the legal-binding document that defines the terms of the loan and who is responsible). They are just acknowledging that a new mortgage is being taken out against the property.

It’s also important to mention that anyone on the deed to your home must also sign the spousal documents, whether you live in a spousal state or not. All owners of the home must acknowledge that you are borrowing against the home.

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You might also like:

Spousal States List on the Forum
http://www.123notary.com/forum/topic.asp?TOPIC_ID=4329

The 30 point course – a free loan signing course on our blog
http://blog.123notary.com/?p=14233

Signing Agent Best Practices
http://blog.123notary.com/?p=4315

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April 4, 2018

123notary 2018 Certification Standards

Filed under: Certification & Communication Skills,Loan Signing 101 — admin @ 2:26 pm

Due to the fact that the Notary industry has changed, and the values of people hiring Notaries have changed, we have changed the requirements for being certified. In the past, people valued our certification and gave our certified members a lot more clicks as knowledge was a commodity with a price tag. These days, knowledge is less valued and the type of knowledge that is valued changed from being more document focused to be more about manners, following directions, being business-like, and being good at Notary work. Additionally, those hiring Notaries either want someone who is very knowledgeable or don’t care about knowledge at all. The Notaries who were simply mediocre with a certification or without a certification seem to get the same amount of business. However, those who do not know how to function at all as a notary get substantially less clicks on our site. By passing our online test you can get a temporary certification. However, the over the phone test gives a longer term result. We feel free to retest people as often as we find necessary. Below are our new elaborated requirements for regular 123notary certification.

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NOTARY KNOWLEDGE

Note — we require an 80% on general Notary knowledge. Topics included are listed below and are taught thoroughly in Notary Public 101.

Notary Acts
Intimate knowledge of Notary acts such as Acknolwedgments, Jurats, Oaths, Affirmations and Proofs is necessary to pass our test. You need to be able to distinguish between the details of the characteristics of each act and explain each act thoroughly and accurately which is harder than most Notaries realize.

Form & Journal Filling
Detailed knowledge of how to fill in a Notary journal and certificate forms based on good practices and NOT based on your state’s particular rules.

Oaths & Affirmations
Detailed knowledge of administering Oaths & Affirmations that are worded correctly for a variety of situations.

Identifying Signers
A basic knowledge of how to identify signers under varying circumstances.

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SITUATIONAL KNOWLEDGE

We require Notaries to know how to handle curve balls before, during and after signings. This information is taught in the scenarios section of Notary Public 101.

Common points include:

Confirming the signing
There are many things you need to go over with the borrower when you confirm a signing. Do you know them all?

Handling Power of Attorney Signings
There are many ways a signer could sign in a capacity of an Attorney in Fact, but do you know the right way you need to have them sign so as not to get in trouble?

Dating the Right to Rescind
Many Notaries on 123 Notary cannot count 1, 2, 3, which is why they need to review dating the Right to Cancel.

A list of other situations
A variety of other situations that could really vary and could be based on questions that stress following directions which cannot be taught. Read about these on our scenarios page in our Notary Public 101 course.

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DOCUMENT KNOWLEDGE

We require Notaries to know the basic characteristics of the following documents with an 80% accuracy under time pressure. We teach most of this knowledge in our 30 point course on our blog.

Deed of Trust / Mortgage
Note
Right to Cancel
Closing Disclosure & Closing Statement
Truth in Lending (semi-antiquated)
HUD-1 Settlement Statement
Compliance Agreement
Correction Agreement
Occupancy Affidavit
Signature Affidavit & AKA Statement
Owners Affidavit
Automatic Funds Transfer Disclosure
Various Riders
Subordination Agreement
Quit Claim & Grant Deeds
Understanding the APR (listed on the TIL or Closing Disclosure)
Initialing

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Also see — Elite Certification Study Guide

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Documents you need to understand for Elite Certification

Filed under: Certification & Communication Skills — admin @ 11:50 am

I published a study guide for our Elite Certification. There are a handful of documents you need to understand and be able to answer questions about. Here they are.

Recorded Documents
How many recorded documents can you name? I can think of a few…

Grant Deeds
Quit Claim Deeds
Warranty Deeds
Deed of Trust / Mortgage
Subordination Agreement
Riders to Deeds
Power of Attorney (not sure about this one)
Deed of Reconveyence
Tax Liens
Wills
Deed in Lieu
Assignments of a Deed of Trust
Declaration of Homestead
Rescission of Notice of Default.
Substitution of Trustee

Riders
How many riders can you name? I can think of these ones
Prepayment Rider
Family Rider
Condominium Rider
Rider to Mortgage
Rider to the Note
Adjustable Rate Riders
Co-op Rider

Subordination Agreement
The subordination agreement creates a pecking order for which lender gets paid first should there be a default.

Owner’s Affidavit
This document discusses many aspects of ownership and often addresses whether the owner will reside in the property as well as whether or not the owner has conducted particular maintenance tasks on the property.

Deed of Reconveyance
The main point we want you to know about this document is that it deals with Trustees, and the Lender is most commonly the one who signs this document as a Trustee, although in theory it could be any party.

Deed of Trust
You need to know the Deed of Trust intimately to pass the Elite Test. Please study this on your own.

CD & HUD-1
You need to be able to recite many particular points about these documents to pass the Elite Test. Please study on your own.

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You might also like:

Index of information about Documents
http://blog.123notary.com/?p=20258

Elite certification will benefit you for the rest of your life
http://blog.123notary.com/?p=20770

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