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January 1, 2022

Who is the authority at a Notary Loan Signing?

Originally published several years ago.

Notary Public Authority

We often ask questions about authority to signing agents, and the results are horrifying. Most Notaries do not know who is in charge of what. So, this article will sum it up clearly.

Notary Public
A Notary Public is a state appointed state official who is paid by customers, but whose “boss” or authority is the state Notary division. Many Notaries Public seem to be confused as to who their boss is, the one paying them or the one commissioning them. The problem is further complicated by the fact that the ones paying them often pay them for more than just Notary services as travel, pick up, drop off, and supervision of non-notarized signatures and packages seem to be part of the deal if you are a Signing Agent.

The Notary is the sole authority regarding what goes in a Notary certificate such as an Acknowledgment, Jurat, etc., what goes in the journal, what is allowed or not allowed, and how a notarization should be done.

It is common that Notaries have questions during a loan signing and direct those questions to the Lender or Title representative. This is okay for Title or Lending questions, but not for Notary questions where the Notary may only turn for help to their state Notary division, official Notary handbook, or perhaps the NNA hotline.

Notaries should NOT ask the Lender for Notary advice because:
1. The Lender is probably not a Notary
2. If the Lender is a Notary they might be in a different state
3. If the Lender is a Notary and in the same state they might not be knowledgeable.
4. If the Lender is a Notary, in the same state, and knowledgeable, they might (are likely to) give you advice that would make the job go more smoothly for them, yet have tremendous liability for you.
5. You are the one appointed to the job, so even if the person you are asking for advice is a Notary, they are not the one whose commission number gets put on the certificate, and you are the one going to jail if something goes wrong. Therefor, you have to know your laws and what you can and cannot do, etc.

Who can initial and where?
Any initials on a Notary certificate are done exclusively by the Notary Public. It looks like tampering if the borrower or anyone else makes marks on a Notary certificate. The borrower may initial documents, but not the Notary certificate or Notary section in or attached to a notarized document

The Lender
The Lender is the “boss” of what happens with loan documents. If the Lender authorizes a change, initialing, cross outs, etc., on an actual loan document that is NOT in the notary section, that is up to them and they are the authority on that matter, not the Notary. The minute the issue becomes with a Notary certificate, then the authority swings over to the Notary (even if the Notary doesn’t have a clue what to do.)

The Title Officer
The appointed Title company might be a good source of information about how to handle any issues that might come up with Title documents or recorded documents. You can ask them if you have questions, but don’t let them answer Notary questions.

Issues of Preference can be asked to the Lender
Sometimes there is more than one legal way to handle a situation. If there is an error on a preprinted Acknowledgment, and your state allows a choice of crossing out & initialing vs. using a fresh Acknowledgment form, you have a choice. The Notary has the right to make that choice on his/her own and choose the option that he/she feels is more prudent or ask the Lender. However, this is a situation where the Notary can ask the Lender not for advice, but for preference. If the Lender would prefer a loose Acknowledgment stapled on to the document rather than crossing out & initialing the original form, the Notary can proceed accordingly.

The Borrower
The borrower has the right to sign, not sign, tell you where to park and more. Their preferences matter as well.

Your State
Your state Notary division decides what the laws are in your state, how they are explained or document in your official Notary handbook, etc. They are your boss, so you do whatever they say. Additionally, if you are weak on your Notary knowledge, that can lead to ending up in court as a witness, having your commission revoked, suspended or terminated. Additionally, it is possible to be convicted of a crime if you are thought to be involved in property related fraud, or if you filled out a form stating that an Oath was taken when in fact it was never taken which is a daily fraud that most Notaries engage in that is unacceptable.
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October 30, 2020

I dropped the documents!

Filed under: Business Tips — admin @ 10:14 pm

Anybody who is a loan signing Notary knows that they need to drop documents. We have written articles on this topic before, but it is a loaded topic.

You can claim that you dropped the documents. But, some Notaries are liars, and how can title know that you aren’t? Should they just take your word for it?

If you drop documents in a drop box, there is a small chance that it will get picked up late, or not at all. The courier assigned to pick up from that box might quit and a new person might take the job not knowing that they are to pick up from that box. People do screw up in real life. Your package could be sitting in that drop box for a week while FedEx figures it out although that is rare. But, it happened to me once! Once contents of a drop box got stolen according to a story from one of our Notaries. I only heard of that once. There is a 1 in 1000 chance that your drop box might not get picked up. If you do a lot of signings, that could cost you a client or get you in big trouble. Additionally there is no proof that you dropped it in a particular box and you might not even remember what box you dropped it in.

If you drop at a manned station, that is a better idea. The box in their office will always get picked up, and often at a slightly later time than the drop boxes on the road.

I highly recommend you get paperwork from FedEx stating that you dropped the package at a particular time and place. You might need that evidence if you get in trouble.

The bottom line is be prepared, think ahead, and have as much evidence for what you did correctly. It is just like keeping your journal correctly. It is rare that your journal will be checked, but when it happens (roughly 1 in 2000 jobs gets checked, so it will happen eventually to you.) you need to be prepared or you get in a lot of trouble. You could even get arrested.

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December 1, 2011

Can a Georgia notary notarize a Florida property document?

Can a Georgia notary notarize a Florida property document?

Loan signings are common across the United States.  Any notary in any state can notarize almost any document within the confines of their state, but the document can be from out of state, or out of the country.  Notaries should refrain from notarizing copies of vital records, and Wills are generally avoided in many states as well.  Just as long as a Georgia Notary has their two feet in Georgia, it is okay to notarize a Florida document, or a loan signing for a property in Florida. 
 
Non-attorney Georgia Notaries are prohibited from doing loan signings for properties in Georgia, but, I don’t know any restriction for them as far as notarizing loan documents (packages that generally include Deeds of Trust, Mortgages, Grant Deeds, Quit Claim Deeds, Notes, Notice of Right to Cancel, etc.) that are from Florida, or some other state.
 
A Florida notary can also notarize documents that are to be recorded out of state.
 
One critical piece of information is that the county recorder in the state that a document is going to be recorded — have standards.  They might insist on their state’s notary wording to be on the notary certificate.  They can reject a document if the notary wording is not up to their standards, or if there is a smudgy seal, etc.  That is the job of the person who prepares the documents, and not the responsibility of the notary. A Georgia notary public, or any notary for that matter is allowed to make legal decisions for their clients which includes what type of wording to use, document drafting, or choosing the type of notarization to do, i.e. acknowledgment, jurat, protest, etc.

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November 20, 2011

The Notary Signing Agent Loan Signing Process & Pitfalls

The Notary Signing Agent “Loan Closing” – Process, Preparation & Pitfalls

Perhaps it would be best to cover the events, from the desire for a mortgage, or re-finance, to funding; chronologically, as the timeline is the only common aspect. The borrower completes a Loan Application (more on the importance of this later), and numerous other documents. These are usually signed at the location of the Lending Institution (bank), in the presence of the Loan Officer (LO). Once approved by the bank, the processing becomes very interesting indeed.

The LO’s bank will lend money to the borrower based on the Mortgage as collateral for the loan. Banks do not like to take any risk whatsoever. What if the borrower does not have “clear title” to the property? To protect the bank, the bank requires the borrower to pay for “Title Insurance” issued by a “Title Co.”. So the next step is for the LO to contact a Title Co. to arrange for the insurance. Note that from this point forward the Title Co. “calls the shots”; as the Title Co. is the only party taking “risk”. If they do not issue the necessary insurance, there is no loan.

Eventually, after the loan has been approved, and the Title Insurance has been approved – usually about 2-3 weeks after the Loan Application; the stage is set for the actual processing of the paperwork. Various documents must be notarized, and it is the role of the Notary Public to check the ID’s of affiants on notarized documents; and there will be many! The mortgage is always notarized; and frequently two copies are processed; in case the messenger sent to record the mortgage at the local county clerk’s office loses it on the way. That actually does happen.

At this point the documents, typically from 80 to 125 pages are computer generated and ready for the Notary Signing Agent to bring to the borrower. But first a qualified NSA must be selected. As it is the Title Co. who is most interested in proper completion of the paperwork, they take on a leadership role to get the documents signed by the borrowers. But, not wanting to actually deal with, or have to select notaries, they often use a Signing Service (SS) to actually choose the notary.

At this point the Signing Agent gets a call asking if they are available to be at so and so location at such and such a time. If not, they call the next agent on their list. If it works for the agent’s schedule, they negotiate a fee. That fee is based on the requirements to process the Loan
Package. Variables include the number of pages, the distance to the borrower, time of day (extra for me to be there at 7AM on Sunday), etc. Also discussed are how and when the package is to be sent to the Signing Agent – overnight, usually via FedEx or E-mail. The latter
has usually has an additional fee. Once an agreement is reached, the Signing Service, on behalf of the Title Company sends a “work order” to the Signing Agent.

Now the ball is in the Notary Signing Agent’s court. Everyone who did anything prior to this point is depending on the NSA to get the borrower’s signatures and initials completely, and to do the requisite notarizations accurately. The NSA must also make sure any “non borrowing spouse” is present to sign docs as required by state law. There is much for the NSA to do. First the borrower must be called to confirm the “work order” as to contact information and address and to verify the scheduled time of meeting; and that all will bring proper ID to the table. Next, the NSA must receive and print two sets of the loan documents (borrower copy and bank copy). A good NSA will explain what will take place at the “signing” and remind the borrower to have their photo ID (and a copy to submit) ready for the meeting. A really good NSA will ask the borrower what name is on their ID, as the property “vesting” name sometimes differs from the name on the borrower’s ID. If so, the NSA contacts the Signing Service to get the documents corrected, or the borrower finds appropriate ID matching the documents.

Finally, usually with barely enough time to print and drive; the E-document is received and two sets printed. If there is adequate time after printing, some NSA’s like to pre-notarize the documents so they are able to devote their full attention to the signing process. Map in hand, GPS programmed, hoping the traffic is light; the NSA departs for the scheduled meeting with the borrower. A good NSA always uses a GPS to find the borrower’s location and does not get lost in the process. After dark jobs usually require a powerful flashlight to see house numbers in
residential neighborhoods.

The NSA shows their ID and requests the ID of the borrower(s). Then, the page by page completion of the documents begins. A single flaw, omission, or unreadable date (usually by the borrower) will often result in a complete re-draw of everything. The experienced NSA knows to “swap a page” from the borrower’s copy to allow a redo of a page with an error. The process usually takes about an hour, depending on the size of the Loan Package, how much the borrower wishes to read, and the amount of information to be entered. Often the borrower has questions and “attempts” to contact the LO. If, as is sometimes the case; the borrower receives the package directly, days prior to the Notaries arrival; they are expected to read it and ask their LO any questions. But, some borrowers want to ask questions of the Notary Signing Agent.

Title Co.’s and Signing Services tell the NSA to “explain the documents, but do not give legal advice”. It’s a really fine line between the two. Most NSA’s choose the side of caution and only define terms and assist the borrower to find documents with desired information (the interest
rate, the APR, the pre-payment penalty). At this time, the computer generated replacement for the original hand written Loan Application is signed. This is one of the most important documents. It is on this document that the borrower has made claims about their credit
worthiness, salary, etc. Any false statement on this document would allow the Lending Institution to demand the loan be paid in full immediately! Also, many of the numbers on this document will be wrong – because time has passed since it was originally signed – some debts
shown will be higher or lower.

Having been on several thousand signings the environmental aspects of the borrower’s premises are worthy of comment. They range from a well lit kitchen table in an air-conditioned room – to, and I am not making this up – a fruit fly infested room where the borrower pursues his
hobby of “naturally” raising Iguanas! There are many other pitfalls. In New York, the Notary is mandated to only use black ink; but Pinellas County, Florida will not record a mortgage unless all signatures are in blue ink! I have been asked several times (verbally, of course),
to “backdate” my notarization date, as the papers have expired (borrower out of town, rate lock expired, etc.). In New York that is called Forgery, a class D Felony – worthy of seven years in prison!

Finally the documents are signed and notarized, the borrower given the Notary Oath – and it’s off to FedEx to ship the documents to the Title Company. Well, not exactly. First somedocuments must be faxed, (lots of them if it will fund same day); and an airbill very carefully
prepared. Phone calls must be made to report success or failure “at the table”, and an invoice prepared. At last all is ready and the papers are handed off to FedEx.

Although the borrower thinks the “closing” has been completed – it actually has not even started. If I was a true “closing agent” – I would have a checkbook and be able to write the check on the spot. It used to be done that way many years ago. Now, the papers are received by the Title
Company and they review them for errors. If their included documents, often called “junk docs” (because they tend to be 4th generation Xerox copies), are completed and notarized correctly they approve issuance of the Title Insurance and pass the paperwork to the Lending Institution. At that time the papers are again reviewed, this time the review is for the papers that originated from the bank. The bank, with the knowledge of Title Insurance approval; will at last do the real “Closing” – which allows for issuance of the check that the borrower has been seeking.

Thus, the Notary Signing Agent is an integral part of the process. Important documents are notarized to assure the validity of the signatures. No system is perfect. A notary can be fooled with a good forgery. So can a State Trooper, with a phony Driver’s License. But, the bulk of the
impersonation potential is filtered at the source by the NSA’s diligence in pursuing valid ID and using their stamp and embosser on documents. Borrowers like to sign papers in the comfort of their own home/office – at their convenience. The licensed and professional notary, though a part of the system that caused the recent mortgage “melt down” disaster; was never a causative factor. If not for the diligence of professional notaries pursuing the NSA craft, things would have been much, much worse.

http://kenneth-a-edelstein.com

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June 20, 2015

Un-TIL they make the change! — CFPB’s New Mortgage Disclosure Rule

Filed under: Technical & Legal — Tags: , , , — admin @ 10:22 am

Know Before You Owe!
“The CFPB will be issuing a proposed amendment to delay the effective date of the Know Before You Owe rule until October 1, 2015.”
You can owe without knowing for the time being!

Currently, loan document packages include a Truth in Lending and often a Good Faith Estimate. The problem is that these documents are confusing. The Good Faith Estimate, TIL and HUD-1 have overlapping information and it is often hard to know which document has the final information unless you are a seasoned Notary.

The New Document will be Called “The Loan Estimate.”
This document will cover the loan amount, interest rate, monthly principal & interest, prepayment penalty info, balloon payment info, estimated monthly payments, tax, insurance, closing costs, and more.
http://files.consumerfinance.gov/f/201311_cfpb_kbyo_loan-estimate.pdf

The APR Revisited
In addition to starting the APR on page three, there will be yet another figure to make Notaries crazy called the TIP which is the Total Interest Percentage which reflects the total amount of interest you will pay over the life of the loan as a percentage of the loan amount.

Other Considerations
Late payment fees, servicing, assumption, and appraisal costs will also be covered in this new and exciting document.

Is Change Good?
Honestly, this new document is somewhat of a combination of the HUD-1 and the TIL with some elaborations and improvements. I believe it is not necessary to create a new name for a document. In my opinion, this information would be better off added to existing documents so that Notaries and borrowers don’t get any more confused than they already are.

What Do Notaries Think?
Deb on LinkedIn feels that this new document will make life simpler.
Wendell on LinkedIn feels that the new forms are not any more complicated than the forms they replace.
Linda on LinkedIn feels the new forms will help Notaries as borrowers will have the chance to look the form over and learn the facts before the signing.
Kelly states that there will be a complete process change for loans in the industry and it will be more than just one new form.
https://www.linkedin.com/grp/post/4139192-6014441719272067073?trk=groups-post-b-all-cmnts

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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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I go over the HUD-1 First
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The Affidavit of Occupancy
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July 5, 2013

Notarizing a Name Affidavit

Most loan document packages include a name affidavit which could also be called a Signature Affidavit and AKA Statement. There are many variations for what this document is called.

Or, should I say that there are many NAME variations for what this document is called?

In any case, this document is notarized the same way that any other notarized document is notarized, EXCEPT, that the signer is signing more than once.

In the notary verbiage, there will be the word name(s) and signature(s) — typically, for a notarization of a single individual, the (s) will be crossed on in both cases. But, on the Signature Affidavit and AKA Statement, the (s)’s should NOT be crossed out as a single person will have multiple name variations, and multiple signatures — one signature per name.

If the signer is a jazz musician, then the Signature Affidavit and AKA Statement might get really long with all of the name variations.

Here is a sample of some of the interior notary verbiage in a California Notary Acknowledgment Certificate Form..

….. On _________ before me, ________________________________________,
(name of notary public )
personally appeared _____________________________________________
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and who acknowledged to me that he/she/they executed the same in their authorized capacity(ies), and by his/her/their signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument….

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The signature name affidavit – what it is an its purpose
http://blog.123notary.com/?p=22541

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January 1, 2013

Signature Name Affidavit: Not a substitute for an ID

I hate to beat a dead horse. But it seems that quite a few of you still believe that the ‘Name affidavit‘ is a way to identify individuals that don’t have the proper ID. I’ll say it again for the thousandth time. You cannot use this form in place of current GOVERNMENT ID. The whole point of your job is to have the person appear before you and identify the signer through proper (current) government issued identification. There are usually no exceptions to this rule (except for one; when you feel that they will not be able to get ID. They then will need to be identified through credible witnesses (usually two) who will swear under oath to you, to the signers identity and they will have current government issued ID themselves. However, keep in mind that we do not usually use this method with loans. For some lenders this may be acceptable way to identify their borrowers but for many of us notaries in certain states it is prohibited. But under no circumstance no matter what state you hold your commission in are you to use the name/signature affidavit to ID anyone. NEVER!

So you may ask what is the form for? The name affidavit form is included in the loan document package to identify all the names of the borrower that have been reported to the credit bureaus and that appear on the individuals credit report. It is not for your use and dont let ANYONE tell you that it is used for any other purpose. It is to make the borrower aware that these are the names that the report has listed for them. These may include but not limited to married, and /or maiden names and/or their name has been misspelled.

So in closing, remember when you confirm a job make sure that all signers have proper identification and that the ID is government issued and is current. If you make sure of this when you call and confirm the assignment this will save you and your borrower allot of headaches.

Until next time! Be safe!

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Can a notary sign an out of state quit claim deed?
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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!

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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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January 23, 2022

The Notary, The Mafia & The Fedex Drop Box

This was originally published many years ago.

An uneventful signing
It was a gray Monday afternoon in the first week of November. Kary went to her signing with the Thompsons. They signed the documents without too much reading or complaining. Kary had one other signing after that. When all was done, she made her way to the Fedex drop box. She had a habit of always going to that same drop box. It was near her home, and it felt like a safe place to go at night, being a single woman.

Luckily for her she was nowhere near the San Diego mayor’s office.

The Sopranos were en route to the same location she was
This poor woman’s luck — she ran into someone who was still mourning the loss of the great James Gandolfini AKA Tony Soprano. He was such a fan of the show that he decided to pull a mafioso type move on this poor unexpecting woman. This thug Tony Baritone had been in the drug trade for years, but wanted to step it up a notch. His old M.O. was meeting for the swap in a dark alley, giving them the briefcase, taking the package — you know the drill. But, he wanted to do it more like they do in the movies this time. This was his first attempt at simulating the panache of his television alter-ego.

Just about to drop the FedEx and…
So, this woman was just about to drop her package in the box. Her finger was on the handle of the box. She noticed a large garbage backing up about 50 feet away. She disregarded the truck whose distinctive oder was wafting her way. She put the Fedex in the Fedex drop box, and then proceded back to her car. The garbage truck nearly ran her car off the road as she left her parking space. It was so abrupt, she stopped the car to get out and see what this maniac’s problem was.

The garbage truck backed up
The truck had backed up almost into the Fedex box, and had jaws that clamped the Fedex drop box and tore it from its bearings and lifted it into the truck. The woman started screaming, “What are you doing? Are you crazy?”

Blonde #2 appears
Then another blonde lady appeared out of nowhere who looked almost exactly like the notary. She was the same age, same hair color, and same height, and also had a Fedex package that she wanted to drop. The other lady looked very puzzled. She said to herself, “Wait a second, my instructions were to put the Fedex in the drop box and leave — but, that truck just took the Fedex drop box away!” Blonde #2 (also an unnatural blonde) was unbeknowingly carrying $10,000,000 in drug money that she was to deposit in the Fedex box — which was to be removed by the garbage truck. But, their plan got foiled.

We have to get rid of the witness
The driver said to his friend, “We have two problems — the money is not in the Fedex Box, AND, there’s a witness. We need to get rid of the witness, but I can’t tell them apart.”
His friend said,“You have to look for the roots, real blondes have roots — our blond is a real blonde!”
Driver: “No she ain’t, I’ve seen the broad before, she has a different hairstyle every several months”
Friend: “So, you can tell the two chicks apart!”
Driver: “Not from this distance without my glasses. Let’s get my money first. The broad with the package has the money.”

The mafia chases the blonde
So, the driver and his friend jump out of the truck (which is parked in the middle of the boulevard) and run towards the blonde with the Fedex. The irony is that she doesn’t know that they are the intended recipients of the package because her instructions were only to “Put the Fedex in the drop box”. So, she runs away from these scary people — who are actually her boyfriend’s best friends, and the ones who gave the $10,000 to her boyfriend to pay her to do the drop. Meanwhile the notary lady decides to chase after these scumbags to get them to give her package back.

She loses them and then finds them
In the heat of the chase, she loses them, and then finds them again. The other blonde escapes from these thugs, finds the drop box in the back of the garbage truck, puts it in, and runs away. Meanwhile, notary lady catches up to the thugs, and throws her embosser at them — leaving a raised seal of disapproval (in the form of a bruise) on the now unconscious mafia garbage truck driver’s left temple. The irony of the story is that the character with the concealed weapon is not one the mafia characters, but is the notary who was carrying a stainless steel embosser.

The Notary recovers the loan docs
After that, the driver’s friend ran away and the notary proceeded to the unattended garbage truck to pick up her package. She picked up the highest package in the box in such a hurry, she didn’t realize that she had picked up $10,000,000 in dirty drug money. She gets in her car and drives off with her “loan docs” finally in her possession again. She calls the signing company and lets them know about the problem. Then, she proceeds to her nearest staffed Fedex station — where there won’t be any garbage trucks (let’s hope). She pats the package in glee to have gotten it back after a small altercation. But, she notices a distinct bulge in the package that didn’t feel like loan documents.

But, what she had was not really the loan docs after all
The five seconds after she realized that her loan documents were not in her possession, she saw a large garbage truck driving down the street.

Mental note to self: “Take out the garbage”

Tweets:
(1) A notary bumps into Toni Baratone at a FedEx drop box
(2) The garbage truck tore the FedEx drop box from its bearings and took it away!
(3) “We need to get rid of the witness, but I can’t tell the 2 blondes apart”
(4) The Notary takes $10 million in drug money to the Title company by accident.

You might also like:

The Flo-tary and the name your price tool
http://blog.123notary.com/?p=16194

Notary aptitude test
http://blog.123notary.com/?p=15853

Don’t put the FedEx in the drop box
http://blog.123notary.com/?p=2831

More on Snapdocs, the Uber of the Notary industry
http://blog.123notary.com/?p=16236

My interpretation of how the Notary industry went South
http://blog.123notary.com/?p=16500

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