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March 1, 2015

Point (8) 1003 (9) Compliance Agreement; Marcy’s Problem w/the 1003

Filed under: (2) Technical and Legal — Tags: , , , — admin @ 10:25 pm

Marcy was on her way to another Notary assignment. She had been studying a little harder now, and knew her materials a little better. But, she got stuck on the signing with the Jennings. The loan signing went well, but there was a snag.

MARCY: Hi, I’m Marcy and I’ll be your Notary Signing Agent today.

Mr. JENNINGS: Is that like being a Private Notary, like the Tina Turner song?

MARCY: I’m your private Notary, Notary for money, do what you want me to do (within reason)
I’m your private Notary, Notary for money, any old loan docs will do…

Mrs. JENNINGS: How did we get on this topic? Aren’t you supposed to be a Public Notary?

MARCY: Well, yes, but for the purposes of the song, and the appointment, I’m temporarily private — at least during the signing.

Mr. JENNINGS: And this is the most fun you’ll have with your stamps on. (laughs) Oh, love that one.

Mrs. JENNINGS: What’s love got to do, got to do with it?

MARCY: It’s okay. There is nothing wrong with a little humor, so long as the wife is around. Just make sure he doesn’t make these jokes when you disappear to the kitchen to get coffee.

Mr. JENNINGS: Yeah, otherwise you’ll have to wear that T-shirt that says, “I’m not your husband’s mistress, I’m the Notary!”

MARCY: There he goes again! I actually saw 80 year old Mrs. Appleby wearing that T-shirt with her walker. I almost died laughing.

(20 minutes later)

Mr. JENNINGS: In any case, we seem to have gotten through most of the loan. But, let’s take a look at this 1003 Universal Residential Loan Application. Didn’t we already apply? Oh my God. It has my college wrong, and my age too. I want to talk to my Lender right away!

MARCY: Oh no. I just called him, but he won’t answer. I’ll leave him a message. Any chance we’ll get this loan signed in the meantime?

Mr. Jennings: Not on your life! I’m not signing anything until I hear from my Lender.

Poor Marcy ruined yet another loan through lack of training. Little did she know that the 1003 is notoriously riddled with errors, and that the information in that document is not binding for the loan. It is just backup misinformation as the case may be. It is so common and inconsequential for the 1003 to have endless information that is just wrong that you don’t even need to talk to the Lender about it most of the time. SPOILER ALERT: The question of whether or not you should cross out wrong information in this particular document will be addressed in a later chapter.

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Point (8) The 1003 Uniform Residential Loan Application

This form can be irritating because it often contains incorrect information about how old people are, where they work, how much they are borrowing, etc. Some borrowers insist on making changes to the 1003 because they are offended that the lender, for example, believes that they were born on 1-01-95 and have 3 months experience at their job when they are sixty years old and have 20 years experience. However: the information on the 1003 is not final.

Please note that often times this document must be initialed, but the location of the required initials can vary depending on the format. Additionally, there is often a blank page in this document which some people like to cross out.

For final numbers, see the Note, Deed of Trust, Truth in Lending (TIL) and Settlement Statement. Loan amounts are often misquoted by several thousand dollars in the 1003. Refer them to one of the “Final” documents like the note if they are concerned. . If the borrower remains upset, just have them write down each mistake on a piece of paper and have them talk to the lender on the following day.

Backdating. Sometimes the 1003 is backdated or the lender will leave instructions not to date it at all. Why? Because the borrower, most likely, has submitted a more user-friendly form to the borrower, which contains the same information that the 1003 does. At a closing you are often pretending that you are signing the 1003 when the borrower filled out the user-friendly application several weeks prior to the signing. As a Notary, just don’t backdate Notary documents. But don’t worry, this one is not a Notary document, and you aren’t backdating, the borrower is.

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Point (9) Compliance Agreement Errors and Omissions

There are various names for variations on this document which include:

Compliance Agreements, Errors & Omissions, and the Correction Agreement Limited Power of Attorney.
These documents all deal with the same issue. Some loan packages will have a Compliance Agreement and a Correction Agreement. There are many variations to these documents, but they have universal purpose: Mistakes happen on documents all the time, and the lender needs to make sure that they get fixed faster than a celebrity’s nose. These documents allow them to make clerical corrections, basic changes, to the loan package. Please note that the difference between the various types of Compliance Agreement and the Correction Agreement Limited Power of Attorney is that the Compliance Agreement requires the borrower to “cooperate” when clerical changes need to be made while the Correction Agreement Power of Attorney allows the lender to make the changes on their own.

The Compliance Agreement
The Compliance Agreement states that the borrower will cooperate in the correcting of information if the situation arises. “The errors and omissions” is sometimes a phrase that comes in the beginning of the document like Errors and Omissions / Compliance Agreement. An omission is a piece of information that someone has left out of the document.

The Correction Agreement Limited Power of Attorney
This document makes some borrowers worry. This document transfers power to the lender to make changes to their loan documents. It is only to correct clerical and typographical errors, like misspellings and other simple errors. It doesn’t affect the numbers or terms in the loan at all. Make sure to comfort the borrowers with a similar explanation if they are alarmed. They are not really signing their life away.

.

You might also like:

30 Point Course Table of Contents
http://blog.123notary.com/?cat=3442

30 Point Course (10) The Signature Affidavit
http://blog.123notary.com/?p=14356

Notarizing a compliance agreement (discussion)
http://www.123notary.com/forum/topic.asp?TOPIC_ID=3913

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

Filed under: (2) Technical and Legal — 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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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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January 29, 2011

Two notaries assigned the same job?

Filed under: Best Humorous Posts,Humorous Posts,Popular Overall 2011,Posts With Many Comments — Tags: , , , — admin @ 7:16 am

Two notaries assigned the same job?
 
There I was, a California notary public in Tustin, CA. I had driven down from Los Angeles to sign a loan for a nice couple in Orange County, California. We were signing away, when lo and behold:  The notary showed up.  He asked, “Who are you?”.  I then proclaimed, “I am the notary”.  Then, he said, “That’s impossible, I’m the notary!”.  “No you’re not!”.  “Yes I am”.  “Am NOT!”. “AM TOO!…”  Okay, let’s be honest, the “am not am too” part never happened.  I’m embelleshing this signing agent dialogue. The couple was just staring in confusion.  The wife was displaying the exact same mannerisms as a cat watching a dangling string.  He head rotated to the left and looked at me, then head rotated to the right and looked at the other notary, then back at me, and back at him…. Hmmm.  What is going on?
 
The Signing company hired two notaries?
How could they! After all of my hard work, they would have the gaul to… Oh… wait a minute, let me call them and straighten the whole thing out. 
 
Ring Ring…..
 
Me – Hello, may I speak to Mary please, this is Jeremy your California notary for the Anderson Signing in Tustin. 
Mary – Hi, this is Mary! 
Me – Hi, Mary, it seems that you hired two notaries for the same job. 
Mary – What? We would never do that
Me – Odd, because as we speak, there is another notary here.  Or, should I say, “A Notarial Triangle”
Mary – Hmmm… Let me call the Title company.
………… ten minutes later
Mary – I found out what happened
Me – Please do tell?
Mary – The title company hired two signing companies to handle this California notary job, and the OTHER signing company sent that OTHER California notary out.
Me – Mmmm.  So, which signing company was SUPPOSED to be responsible for the job.
Mary – We are.  The title company cancelled with the other signing company, but apparantly, they didn’t cancel with the notary.
Me – Oh, no they didn’t!!!
Mary – Oh, yes they did.
Me – This has never happened in my career to date.  And I hope it never happens again. Just make sure that I’m the one who gets paid, although the other one should get a travel fee, don’t you agree?
Mary – Thats between him and the OTHER signing company.
Me – I KNEW there had to be another signing company. I could just tell from the way he was looking at me.
 
So, jokes aside, the other notary left, we finished the signing.  Into the UPS box it went, and off I went on my merry way out of what we affectionally call, “The OC”, and back up the 5 Freeway, or is it the 405 — its been so long I can’t even remember, through Anaheim, Downey, Commerce, and back to Los Angeles where I logged in my transaction and faxed a bill to the signing company.
 
The End!

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Getting what is due! A clever plan!
http://blog.123notary.com/?p=3221

One signing – two venues?
http://blog.123notary.com/?p=17047

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January 27, 2011

Vietnam War Notaries. A POA for a POW.

Filed under: Virtual Comedy Themes — admin @ 12:52 am

Back in the 60’s, soldiers were not the only ones sent to Vietnam. Notaries were as well.

One such Notary was talking to another Notary in the plane and asked, “If I like the Beatles, does that make me a Lennonist, a McCartneyist, or an anti-McCarthyist?” The other Notary said, “It makes you a music lover, and probably left-wing. I think we’re fighting on the wrong side.” Speaking of music, on the plane, they had some Cuban-Vietnamese music played with a Viet-Conga drum to keep the rhythm. Then, another Notary commented that Ho-Chi-Minh was not a hoochi mamma, but a ho-chi baba. The discussion moved from dumb jokes to a more serious matter. Names. Some of the humor on the plane came from a book written by the famous Chinese comedian “Foo-Ling” and his wife the nutritionist “Rose Hip.”

So many people in Vietnam have the same names. Half the country is named Nguyen, Tranh, or Duc. How can you tell people apart based purely on the names?

Meanwhile on the front, Vietnamese smugglers were engaged in human trafficking of refugees into Cambodia. Van Winh Vu smuggled regugees in a van (more than just a name) but was caught by an American soldier named Carl Van Schessler. I guess it’s one van for another, or more of a van pool. Then Truc Le Tranh smuggled regfugees in a truck while Tranh had ammunition transported in a compartment of a Train.

Notaries were very fearful of going to their Notary appointments because of all the booby traps. Between road side bombs, pungi sticks hidden under banana leaves and mines. It was like playing dodge ball every step of the way.

THE APPOINTMENT
Harry the Notary was on his way through some rice paddies to Notarize a transaction for a few very large bags of rice which was the local currency. He prayed to God he did not bump into the Viet Cang on his way, or American planes dropping any napalm.

Harry got to his appointment only to find that Tranh Duc Ho was selling twenty 50 pound bags of rice to Tranh Duc Ho. The Notary asked, “Is this some type of a joke?” Tranh #1 said, “No, we just have the same name. That is common around here. See, look at our ID’s. They say the same name. We look similar too.” The Notary said, “Oh, God. Doing Notaries around here is like walking through a mine field.” The Notary decided to thumbprint everyone to keep them honest and make notes about who had a tattoo where or a scar where just to keep the record straight. After the notarization was over, the American military came and confiscated all of the rice since the Vietcong was in the area. Why is life so unfair. Are we the good guys, the bad guys, or what?

Then the Notary went back to the base and talked to another Notary named Sam. Sam had been near where they were dropping Notary Palm. It’s kind of like napalm but has black ink that burns at 2000 degrees. Then, the new weapon for Notaries was filling a pungi stick with Notary ink and shooting ink out of the stick. After this scary conversation they met yet another American who escaped from a POW camp.

A POA FOR A POW

JOHNNY: “I need a POA for a POW.”

HARRY: “I can do that. Do you mean a former POW?”

JOHNNY: “No, it’s for a friend. He wants to have his car managed by his wife back home.”

HARRY: “What happened to your fingers?”

JOHNNY: “They got messed up when I was in The Trang.”

HARRY: “Oh, what did they do to you there?

JOHNNY: “They made me give details of troop locations by sticking bamboo slits under my fingernails.”

HARRY: “Ouch. If you don’t talk do they move you to the basement of the Trang?”

JOHNNY: “The what? No, I didn’t say, “The Trang, I said De Trang. It’s a city in Nam.”

HARRY: “Oh, shows what I know. The Trang sounds like the name of a jungle vietcong prison camp to me, or just a remote jungle.”

JOHNNY: “I don’t know if I can get those guys out while I visit, but at least a notarized POA will do. After it’s notarized, we can see about an escape route. They might have moved location, so we will have to track them and the Notary will have to come along. It’s twenty days on foot. So we will need to bring plenty of food, water, and disinfectant. Are you any good at setting up booby traps?

HARRY: “I know a guy who flies a helecopter shaped like a Notary Seal who taught me a thing or too. I know how to make a mine that looks like a Notary Seal. If you press on the top, then ink flies everywhere. It’s sort of like a science experiment.”

JOHNNY: “Well this trip is not an experiment. One wrong move and you’re dead or lose a leg which in the parts we’re going to is a slow death.”

HARRY: “Well I’m not going to die because I’m special.”

JOHNNY: “For the last two years I’ve been putting pieces of special people in body bags. Everybody’s mother thinks their special.”

HARRY: “You’re the bravest soldier I’ve ever met!”

JOHNNY: “Thanks, I’ll remember that compliment when I’m putting pieces of you in a body bag.”

HARRY: So, how do you think the war is going?”

JOHNNY: “The Vietcong is upset because they have run out of new and creative ways to rip someone’s rib cage out of their body and have failed to find a perfect way to create a booby trap that rips someone in two exact pieces. They tried ripping people’s eyes out of their sockets but were lousy at that. But, they are good at booby traps which is how I lost half of my men. Meanwhile half of our guys capitalize on how weed and heroin are pennies on the dollar over here and in very pure form. That slows their reaction time in battle which is why our kill ratio isn’t what it should be. Meanwhile the Southern Vietnamese army is upset because the price of pedacures has doubled. ”

HARRY: “What are they, a bunch of girls?”

JOHNNY: “Half of them act like girls while in the Vietcong, half of them are girls who could rip your arm out of its socket. One girl called the Apache castrated one of our guys while he was still alive. We hunted her down for three days and assassinated her with a long range rifle. Normally they ambush us, but we turned the tables due to extenuating circumstances.”

HARRY: “What happened to the guy?”

JOHNNY: “He died of blood loss within minutes. Isn’t he lucky?”

HARRY: “Well, let Saigons be Saigons. Okay, let’s visit The Trang and do a POA for a POW.”

JOHNNY: “We leave at 0400 hours. Get some z’s while you can. And we’re going to the jungle near Da Nang, not De Trang.”

HARRY: “Oh, they have a Trang there too?”

JOHNNY: “Never mind.”
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You might also like:

Notarization in the Trang – a Vietnam War Story.
http://blog.123notary.com/?p=19652

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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.

.

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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