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March 26, 2018

Quick information about loan documents

Filed under: Loan Signing 101 — admin @ 10:52 am

On our certification quiz, we ask a few questions about loan documents. For more detailed information, query our courses, but these are going to be quick pointers that we often quiz about.

The Deed of Trust / Mortgage
The Deed of Trust is the security instrument. It also goes over prepayment penalties and late fees. It goes over the address of the Lender and the Borrower as well as a lot of other information which we do not quiz on.

The Note
The Note contains the general terms or general business terms of the loan. It is the best place to look for information about prepayment penalties, when the first payment is due, loan amount, and other general terms of the loan.

The Right to Cancel
As a Signing Agent, you must know how to date a Right to Rescind or Right to Cancel. For a home owner borrower, they are given three days not including Sundays and Federal holidays. Please do not say three business days as the days are calendar days not business days, but not including Sunday, Federal Holidays, or the date of the signing. The borrower can cancel up to midnight on the third day to rescind and can cancel in writing.

The CD
This document has a lot of quick information on certain information about the loan, fees and payoffs. Although it mentions that you will or will not have a prepayment penalty, it does not go over the terms of the prepayment penalty.

First Payment Letter
This document goes over information regarding the first payment due.

Owner’s Affidavit
This document goes over maintenance issues regarding the subject property as well as occupancy status and other information about the property.

Occupancy Affidavit
The Occupancy Affidavit states that the borrower will move into the subject property within sixty days and will stay there as a primary residence for a year, or possibly two years or six months in some cases depending on how the document was drafted. I have only seen this document state a one year occupancy requirement in my experience.

Compliance Agreement
The Compliance Agreement makes the borrower agree to furnish additional information to the lender if requested after the signing. It also makes the borrower agree to cooperate if the Lender needs changes to clerical errors signed off on by the borrower.

Correction Agreement LPOA
This document has the borrower give consent to let the Lender / Title make changes to clerical and typographical errors to the documents on their own after the signing

1003 Residential Loan Application
The 1003 document typically has lots of information about the borrower including how many years of school they had, and other personal information. It is typical for this document to have clerical errors, however, those errors do not affect the final status of the loan.

APR
The APR is typically higher than the rate as it includes some of the fees and closing costs and is compounded.

The information in this section have to do with frequently asked questions. This information in this section is brief, and does not constitute a thorough knowledge of loan documents, but this is typically what we ask about in our over the phone quiz, so please learn this material well.

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You might also like:

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

30 Point Course – a free loan signing course
http://blog.123notary.com/?p=14233

Documents you need to understand for Elite Certification
http://blog.123notary.com/?p=20169

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March 25, 2018

Notary Marketing 102 — Notary Education

Filed under: Loan Signing 101 — admin @ 8:12 am

Return to Notary Marketing 102 Contents

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Notary Education

Many Notaries want to get started in the loan signing industry. What they forget is that to become a successful loan signing agent, you first have to know how to be a good Notary Public. Being a good Notary is not rocket science, but there are a few things that could trip you up. Many states have insufficient requirements for Notaries. Some of the lacking requirements could present Notaries and their clients with legal dangers.

Being a good Notary means being knowledgeable and safe. Being knowledgeable means knowing your state notary laws inside out. But, being safe means limiting your exposure to liability. We cannot teach you your state notary laws here, but the handbooks for most states are online and easy to access by searching on Google.

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Notary Knowledge References:

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(1) Your state’s official notary handbook. Search for it on Google.

(2) The NNA has a Notary Essentials Course which many people like.

(3) 123notary has a much shorter brush up course called Notary Public 101 which is about best practices and does NOT cover state specific laws.

Please be advised that Notary safety is as important as making money because you want to stay out of court and not get in trouble. Safety precautions include:

(1) Keep an official journal of Notarial acts whether your state requires it or not. That is your only evidence in court of what you notarized and more important — what you did NOT notarize if impostered (yes, it happens.)

(2) Keep thumbprints in your journal to assist the FBI in catching identity thieves. You will probably never run into one in your career but many notaries do. The FBI might name you as a suspect if you do not provide an adequate paper trail, as a bad paper trail looks like a cover up.

(3) Be wary of elder notarizations. If someone is in a hospital, not fully with it, or on morphine, they are more likely to be cheated in a transaction which means that you will be likely to end up in court or investigated.

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Signing Agent Knowledge

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Once you are a commissioned notary as well as being a competent notary, it is time to study your signing agent knowledge. You will need to know most of the attributes of common loan documents, signing and initialing procedures, how to fix errors in notary forms, and how to date a Right to Rescind correctly. At 123notary, we only recognize our own certification as well as Notary2Pros. However, there are many places you can receive signing agent training. We recommend:

(1) 123notary’s loan signing combo course. This course goes over loan signing from A to Z as well as marketing help and how to run your operation and keep good records.

(2) Notary2Pro offers more personalized care and their graduates have a better knowledge of loan signing than other sources.

(3) NNA offers signing agent certification at many different levels. Theirs is the most recognized of the various courses, but the test results of people with the NNA basic signing agent certification when taking 123notary quizzes is not as high as the other contenders.

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Please also read:

Loan Signing Courses For All Budgets
http://www.123notary.com/loan_signing_courses.html

Notary Public 101 — Notary Procedure from A to Z
http://blog.123notary.com/?p=19493

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January 30, 2011

Taqueria El Notario — a Notary Taco Joint

Filed under: Virtual Comedy Themes — Tags: , , — admin @ 3:13 am

We wrote some other fun blog articles about The Notary Hotel, Notary Fast Food, Notary haute cuisine, and others. But, this one is about a notarial taco place. Hope you like it. Just don’t over do it with the hot sauce. It is very potent here.

Dot your eyes, and cross your tortillas!
Welcome to Notary Taco, or as we call it Taqueria El Notario. Please make sure you have errors and “emissions” insurance if you eat the three bean burrito for the sake of our other patrons. Since we had a few Notary wannabe gangsta’s, instead of a drive through window, we have a drive by window. The window is extra low in case you are driving a low rider. I guess I’m a few decades behind the times, but in Los Angeles, we still have a few of those around.

Before you read our menu, please read the following disclosure:

Notice of Right to Carnitas
As a customer of Taqueria El Notario, you have the right to eat carnitas at any time during business hours. There is no limit to how many carnitas tacos you may consume. Please sign and date to indicate that you have read this document and are aware of your right to carnitas… and pastor!

Here are a few of our choice items:

Habanero Rescission Sauce
If you still alive 3 days after consuming this, you have the right to rescind.

Personally Known Pico de Gallo
Eat this regularly with our home-made chips, and you will feel like you know us.

Pollo of Attorney
I know it sounds a bit loco, but our pollo is so good, we got it patented by an Attorney, hence the name!

Backdated Burrito
The freshness of the ingredients is up to date, it is just that we put yesterday’s date on the burrito.

Salsa Verde Venue
State of California; County of Los Angeles! — The salsa is green at this venue

Avocado Affidavit
This chunky guacamole is so good you’ll swear by it!

Tequilla Lime Testimonium Ice Cream
Just be-clause…

Revoked Refried Beans
Eat these and your commission will be suspended, revoked or terminated — if you have gas.

Notary Commission Carnitas
One of our customers has been eating this dish his entire notary commission — hence the name.

Lengua Tacos
Enjoy one of these before you take an Oath.

Quit Claim Quesadillas
One customer liked these so much she sold her house to be able to afford them every day!

Many notaries come here daily. We hope you like our sauces, dishes and desserts. We hope you liked it, and we hope you come again.

You might also like:

Welcome to The Notary Hotel
http://blog.123notary.com/?p=8822

A date with a notary at “Le Jurat”
http://blog.123notary.com/?p=4473

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January 17, 2011

Two and a half notaries! A Notarization Experience

This is a story about a happy notary in Malibu named Charlie. He lived with his brother Sam and his brother’s son Kevin.

Charlie: So, what do you want to be when you grow up?
Kevin: A Notary of course — ANYTHING BUT!
Charlie: Don’t knock until you try it
Kevin: All you guys do is stamp your dumb stamp on dumb documents.
Charlie: True, but it has its perks. That’s how I met Monica!
Kevin: Good point! Charlie notarizes Monica — Ooooh!

Sam: Hey, wait a second, I was dating Monica. I REFERRED her to you!
Charlie: Correct — you WERE dating Monica. And by the time we finished the Oath verbiage, she had forgotten all about you, so help you God!
Sam: Hey, that’s not fair, I’m never referring another of my friends to you ever again.
Charlie: Relax, it was all over within days. I gave her a 3-day right to rescind our relationship, and then I didn’t call her back.
Sam: That is JUST like you.

Kevin: Hey, what’s the difference between a Notarization, and a Notarization experience?
Charlie: Oh, about $1500

Maid: Keep your ink off the counters. By the way, I’m taking three days off this week. Tell Monica I said hi.
Sam: What? I thought you said it was over?
Charlie: I never said it wasn’t. For me it’s over. For her I don’t know. By the way, who is that person who keeps calling and then keeps hanging up?
Maid: I had the number traced. It seems to be coming from Topanga. Isn’t that where Monica was from?
Charlie: Oh brother.

(ring ring)
Maid: Hey Charlie, it’s for you. It’s a customer. Natalia. She sounds nice, you better take it.
Charlie: Hey Natalia. Are you up for another notarization with Vodka?
Natalia: Am I ever. Bring your notary stamp and your notary bond with you darling.
Charlie: I’ll be right over. Oh, but this time, let’s have the vodka AFTER the signing.
Natalia: Anything you like, just as long as — you — are there!
Charlie: I figure if we can remember to do the signing first, then after we have the vodka it won’t matter what we remember, because we won’t remember!
Natalia: 8 — sharp. don’t be late!

Tweets:
(1) 2 & a half notaries: What’s the difference between a notarization and a notarization experience?
(2) 2 & a half notaries: Find out what happens when Charlie notarizes Natalia and then have vodka afterwards!

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January 9, 2011

Notary Hotel 2 — the sequel

Welcome to The Notary Hotel, for all things notarial.

Customer: “Wow, this hotel is so notarial, even the notepad comes with Jurat wording!”
Reception: “We cater to a very specific market over here.”
Customer: “That is great, but honestly, at one of those other Notary Hotels, there were ink stains on the wash cloth!”
Reception: “Oh, I’m very sorry to hear about that. That must be the hotel on the other side of town that is currently out of commission, right?”
Customer: “That’s the one, but I don’t like to mention names!”
Reception: “I understand”
Customer: “And they were annoying too. Each room had a fax machine, so they could fax the bill to you, and they required three dozen fax backs before they would let you check out!”
Reception: “Sounds like that other notary hotel, or the Notel, as we call it was owned by a signing service.”
Customer: “Tell me about it.”
Reception: “We are notarial, but in a good way over here, well at least we like to think we are. You’ll enjoy our notarial breakfast. You get an embossed waffle. Instead of having the regular grid, you will get a huge impression of a circular embossed notary seal. Instead of an expiration date on the seal, we say — best if consumed before 6-01-2014 — for example.
Customer: “I’m hungry already.

Can you expedite my express-o?
Reception: “Then, you’ll enjoy a cup or two of our signature French roast coffee — but, you don’t have to notarize the signature.”
Customer: “Great, because I don’t feel comfortable with foreign language notarizations.”
Reception: “Oh no, it’s not a French language roast, the coffee is English speaking, and so is the signature.”
Customer: “In that case, that will be fine. I prefer espresso though.”
Reception: “Well, since we are a boutique hotel, we can make espresso upon special request.”
Customer: “Can you expedite my express-o? No pun intended.”
Reception: “And over here, instead of paying by the night, you can stay for a pre-arranged number of days, weeks or months — we call that period of time a commission!”
Customer: “Boy, you guys are just too notarial. Next thing you know, I’ll have to take a proctored test to stay here.”

What type of Notelarization?
Reception: “Well, we test you in other less pronounced ways — to make sure you know what you’re doing. Can you sign the register please, I mean the journal? We like our guests to sign it. We’re a bit old fashioned.”
Customer: “So, where you do you want me to sign it?”
Reception: “That was part of the test. You are the notary, you are supposed to know. You sign in the signature section!”
Customer: “Right… what was I thinking. I’ve been doing this job for twenty years and still have to be reminded! I’ll put the type of Notelarization as well — acknowledged overnight stay.”
Reception: “Super. Let me check your ID, to make sure the name matches the one in the journal. Your ID says, Ralph E Emerson, and you signed Ralph Wemerson? Am I missing something?”
Customer: “Well, over time, my E became sideways and began to look more like a W. You understand, right?”
Reception: “Well, at least it’s not like Wang Zhu Ming from China who signed in Chinese characters.”
Customer: “That’s nothing, I had an Egyptian who signed in hieroglyphics once, or at least it looked that way!”

Standards at the Notary Hotel
Reception: “At our Notel, we have standards. If any of the maids fails to abide by the following regulations, their commissions can be suspended, revoked, or terminated.”

(1) Failure to require the guest to sign for their food delivered during room service
(2) Failure to administer an Oath for the late night lasagna Jurat
(3) Failure to honor the 3 minute right to rescind on midnight tacos

Affidavit of Maid Services must be signed at the door. The date and time must be documented as well, along with an indication of the type of maid-torial act. For example, they could acknowledge that they made up the room.

Customer: “It sounds wonderful. This Notel operates for the benefit of the customer. What about late night pay-per-flick. Is there a rescission period for that if I don’t like the movie?”
Reception: “Yes, you can mail, or fax your…”
Customer: “Stop right there, did you say fax? I’m out of here!”
Reception: “No wait… come back…”

You might also like:

Notary Hotel 1
http://blog.123notary.com/?p=8822

Cheers: Sammy gets a name change form notarized
http://blog.123notary.com/?p=10016

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January 29, 2022

My date with Jeremy

This article was originally published in 2013.

He was striking and utterly took my breath away–like a traffic accident. I couldn’t take my eyes off of him. He had deep, penetrating gray eyes that seemed to notice everything. His shirt was the color of numbers.

We got out of the car at the restaurant. He took the ticket stub the valet handed him and scrutinized the numbers. “These add up to 33, an excellent number for business,” Jeremy noted. “I hope my good fortune extends to this restaurant as well. Let’s go in and see what’s on the menu.”

The sign above the entrance said Le Jurat.

“How did you pick this restaurant?” I asked.

“I have an algorithm for restaurants,” Jeremy said, opening the door for me.

“How chivalrous!” I replied. I was in awe of him, and I didn’t know what else to say.

“I assess the restaurant according to reviews, how they answer the phone, and zip code… and then I try the food,” he explained. “I test the food before bringing a friend here. Sometimes the reviews don’t match the quality of the service provider. In my opinion, good reviews don’t necessarily translate to good service–but I don’t know if you subscribe to that opinion, Sealia.”

As we were being taken to our table, a woman with frizzed red hair like the bride of Frankenstein ran up to Jeremy, tapped him on the shoulder, and demanded–“My password! I need my password! I can’t get in to update my page!”

Jeremy looked her in the eye and said sternly, “I’m having dinner. I emailed you your password three times in the last few months. You need to request it by email. Not now.”

I wondered exactly what the woman was talking about…and whether this man ever had any time to himself.

The decor of Le Jurat was elegant, parchment beige with traces of pink and gold, and there was no waiting line, yet the restaurant was full–an amazing combination for a Saturday night in Los Angeles. On all the tables, a little sign next to the placemats read, “Customers who subscribe to our newsletter have sworn by us…” The music playing in the background was “I Swear” by John Michael Montgomery…

“When I was choosing restaurants,” Jeremy said slyly, “it was a choice between this place and a Christian Korean place called the Hyung Moon Temple where the signature dish was Stained Glass Noodles.”

I laughed. “So tell me about this business of yours,” I asked. “What exactly do you do for notaries?”

“I provide advertising, education, and entertainment for notaries–visit us on Facebook! I also use algorithms to assess the notaries’ performance and knowledge.”

“I didn’t know Al Gore had rhythm,” I smiled and nodded.

“I didn’t know he had rhythm, either.” His phone rang. “123notary, this is Jeremy” he stated automatically.

“It’s Vicki from Hyung Moon,” he said aloud; “Sorry, Vicki, I have to cancel…I will not be able to make it this evening. I wish to rescind.”

He hung up quietly and said, “I kind of double booked…”

He was just about to smile again when the phone rang–again.

“Hullo,” screeched a voice.

“123notary, this is Jeremy.”

“Are you a notorizor?”

“I used to be a notary but I’m not anymore. Please look on 123notary. I’m the site administrator. Please call a notary on the site. Have a nice night. Goodbye.”

Again the phone rang,
but this time, he glanced at the number and said, “I’m not going to answer now because I’m with you, but I’ll have to call them back in exactly one hour and 56 minutes. That will be the best time to speak with this person who wants to take a phone test. I remember their number and the exact time they said would be optimal to call. That gives us enough time to have our meal and a dessert…before we go to FedEx to finalize the date,” he said, focusing on a tiny spot on the tablecloth.

“FedEx?” I said. “Why FedEx?”

“That’s where my dates always end–at a FedEx drop box.”

We tried to catch the waiter’s attention. “Hey–the waiter didn’t even acknowledge us!” Jeremy quipped. “Do you think our waiter will personally appear before us? I would like to order the Soup du Jurat…and a Certified Angus Burger…I like this restaurant because it’s 24 hours…although they don’t answer the phone after 11…if you want late-night service you have to call before 11… ”

I decided on the Rack of Lamb. “Is that a dual rack or a single?” I asked the waiter, who had finally appeared.

“Well, technically it’s a single rack….but we put in a separator program…so the legal size chops can go on a legal-sized plate.”

“If I don’t like the entree, do I have the right to cancel?” Jeremy demanded.

Finally the waiter delivered the food–and not a minute too soon.

“This lamb is delicious!” I said.

Jeremy ate his certified burger. “This stuff is as good as Kobe beef!” he replied.

“So what is it really like running 123notary?” I asked.

“It’s like dealing with a series of situations that never end,” he said.

“So it’s like marriage,” I said.

“That’s a good analogy. Trying to get people to do what they’re supposed to is like separating ribs. I need people to answer their phone, or write their Notes. They don’t all do it.”

“So it’s like a cross between babysitting and marriage…”

“Another good analogy! We’re really on the same page here. Would you like to have dessert at Le Venue down the street?”

“I’d love to!”

“Waiter, would you bring our settlement statement? Was my appetizer amortized over the life of the dinner?”

The waiter brought the check.

“When is my first payment due?” asked Jeremy.

“In five minutes,” the waiter answered. “The term of your loan is 45 minutes–with no accrued interest. The final payment is due tonight as well.”

“Is my APR different from my rate?”

“They are the same–due to the fact that we are not adding finance charges to your transaction,” the waiter explained.

“I see your point.”

“There are no points– because points would be considered finance charges–and no origination fee,” concluded the waiter.

“This conversation is completely irrelevant, considering there is no security instrument,” said Jeremy.

The waiter returned with the credit card statement.

“What color ink would you like me to sign with, black or blue?”

“Either. Just as long as you are personally appearing before me, I can accept your signature…but I could give you an oath…because I saw you were raising your right hand as you were trying to hail me,” the waiter replied.

“Shall we leave?” I asked Jeremy.

“Let’s go,” he said.

We walked down the street to Le Venue, a Restaurant for Notaries, for dessert.

“What county are we in?” Jeremy asked the hostess.

“Why do you need to know?”

“You always need to know what county you’re in when you fill out a venue. You’re not a notary, are you?” Jeremy told the hostess.

“Is everyone here a notary?” he asked the waiter.

“Pretty much…except the hostess,” the waiter replied.

I noticed the placemats read, “State of California…”

We looked at the menu anyway, even though we were only there for dessert…and saw “Roast Seal with Ink.”

Jeremy considered the mousse for dessert…

“What county is the mousse from?” Jeremy asked.

“It’s not from a county, it’s from a province, sir” the waiter replied.

“Can we get an Alaskan mousse?” …

“How about this dessert made with oreo cookies– what a great raised seal they have!” I suggested.

“Does the seal on the embossed cookie have an expiration date?” Jeremy asked.

“It doesn’t expire until 2015,” the waiter attested.

“How about the analytics dessert? It’s a graph… It’s in the form of a pie graph…”

“Oh, I can’t eat a whole pie…” I said.

“Well, most of the pieces are missing…the anayltics weren’t very good…” Jeremy pointed out.

Jeremy got the mousse, and I asked for the Locus Sigilli Sundae.

“Today is Friday. Do you serve the sundae today–or only on Sundays and federal holidays?”

“We serve this sundae with the oreos every day, sir,” the waiter replied.

The food was perfect.

“I can’t finish my dessert,” I said. Can you finish it for me?” I asked.

“I think we have to get a power of attorney for me to finish your dessert,” Jeremy replied.

On the way out, he went up to the hostess and asked, “Can you validate us?”

“You’re a very nice person,” she told him, smiling.

“No, I mean stamp our parking receipt…Can I stamp it myself? I’m a notary; that’s my thing. Can I backdate it? We’ve been here quite a while…”

“No, sorry sir, we don’t allow that…”

“I enjoyed eating the date stamped on my oreos…” I said, wondering what to expect next.

“I enjoyed eating my mousse…but I would have enjoyed it more if the antlers hadn’t been crushed by the car that hit it in the dark, ” Jeremy laughed. “Can I take you home?” Jeremy asked softly.

“No….just drop me off at the FedEx drop box.”

Tweets:
(1) “Waiter, would you bring our settlement statement? Was my appetizer amortized over the life of the dinner?”
(2) The waiter brought the check. “When is my first payment due?” asked Jeremy.
(3) “Does the seal on the embossed oreo cookie have an expiration date?” Jeremy asked.
(4) The notary asked, “Can I get an Alaskan moose with Russian dressing. They’re our next door neighbors!”
(5) Running 123notary is more like babysitting than you think,
“Did you update your listing? Did you update your notes? Did you renew yet?”
(6) “FedEx?” I said. “Why FedEx?” “That’s where my dates always end–at a FedEx drop box.”
(7) Running 123notary is like a cross between babysitting & a marriage. A bunch of situations that never end!

You might also like:

My 2nd date with Jeremy
http://blog.123notary.com/?p=7074

What are Jeremy’s favorite blog entries?
http://blog.123notary.com/?p=18837

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October 16, 2017

Notary Public 101 — POA, DOR, Dates, X

Return to the table of contents for Notary Public 101.

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ADDITIONAL TOPICS

These are really more loan signing topics, but I will include them in this basic Notary course since these are Notarized documents.

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POWER OF ATTORNEY

Notaries need to know the terms for the people involved in a Power of Attorney signing. The principal is the main person who signs the document who is the Grantor. This is the person who gives power of attorney to someone else to do tasks for him/her while he/she is incapacitated or out of the country. The Grantee is the same person as the Attorney in Fact or otherwise known as Agent. It is important to know these words and yes, we do test on them. However, at loan signings, people will do what is called a Power of Attorney signing. This happens when there is a completed Power of Attorney document and the Attorney in Fact will sign a loan on behalf of the principal. In these signings, they get rejected half the time for technicalities, so pay attention.

There are various ways for an Attorney in Fact to sign in their capacity.

John Smith as Attorney in Fact for Mary Smith
Mary Smith by John Smith, her Attorney in Fact.
John Smith POA for Mary Smith

There are more variations, but those are some common ones. The key thing to understand her is that:

The Lender decides the verbiage when you do a POA loan signing. The Notary might know the “correct” verbiage. However, legal information sites cite at least eight ways an AIF could sign in a POA signing that are all not BAD. The signing will be rejected if you do not sign exactly how the lender wants it. So, if there are no written instructions, ask the Lender.

How can I get a Power of Attorney Notarized?

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DEED OF RECONVEYANCE

The Deed of Reconveyance (DOR, not DOA by the way) is often signed by the Trustee and often has the term Trustee inscribed in the signature area instead of someone’s actual name which is very confusing and leads to trouble on a regular basis. Many Notaries have the borrower sign where it says trustee. Usually the trustee is a Lender, or might be the borrower in one of his capacities. If you are not sure who the Trustee is, then ask before you have someone sign there. It is safer to leave this form unsigned than guessing, otherwise you might cause a delay to the Lender and get fired. So, if you are not sure what to do, don’t have anyone sign where it says Trustee.

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DOCUMENT DATES

In the Notary world there are four types of dates. Transaction dates, rescission dates, document dates, and signature dates. The day you sign is the signature date and generally the transaction date. The rescission date is the last day to rescind. But, the document date is arbitrary and is created by the document drafter. It is normally either the day the document was drafted, the date it is intended to be signed, or an arbitrary date. There is no rule for what that date can be.

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SIGNATURE by X

If a signer is partially incapacitated and cannot sign their full name, many states will allow a Signature by X procedure. The procedure can vary state by state, but the way I was trained is as follows. The principal signs an X on the document and in your journal. There should be TWO SUBSCRIBING WITNESSES who witness the person sign. Witness #1 signs the person’s first name to the left of the X and witness #2 signs the person’s middle and last name to the right of the X. Do the same in the journal. Add a note to the document to let the readers and custodian know what happened as they might not be familiar with this procedure. Keep the phone numbers and ID info of the witnesses in your journal just in case.

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April 5, 2017

Do you know your Federal holidays?

Filed under: Loan Signing 101 — admin @ 8:08 am

Many Notaries are a little rusty on Federal holidays. Plus, a few of the Federal holidays are a little bit complicated to understand. Here are the 2017 holiday schedules. There are ten Federal holidays in all.

Jan 1 — New Year’s Day
Jan 16 — Martin Luther King, Jr.
Feb 20 — Washington’s Birthday
May 29 — Memorial Day
July 4 — Independence Day

Sept 4 — Labor Day
Oct 9 — Columbus Day
Nov 10 — Veterans Day
Nov 23 — Thanksgiving Day
Dec 25 — Christmas Day

New Year’s Day When we ask people to name a holiday in January, most people omit to answer New Year’s Day as it feels like it is celebrated more in the end of December — but, that is New Year’s eve which is not a Federal holiday.

Martin Luther King Day Then we have MLK day. If we celebrated holidays in chronological order, Columbus Day would come before MLK day. We would have a day commemorating when slavory in the new world was originated, when it ended, and when civil rights began to be recognized. But, we have our holidays in inverse chronological order with MLK day, then Lincoln’s Birthday and then finally Columbus Day. Martin Luther King, Jr. was the most famous civil rights activist in America. He had a dream about people finally treating each other fairly for once. The Twitter MLK had a dream where people would be judged each other by the content of their 140 characters, and not the color of their link(s). I had a dream too, and then my alarm clock went off.

Washington’s Birthday is the most misunderstood of holidays. The reason being that it is also informally called President’s day. The holiday is based on a merging of Washington’s and Lincoln’s birthdays as celebrating both was just too much. Incidentally, Washington’s birthday is an optimal day to get a discount on a Sealy mattress. If your mattress is more than eight years old — it’s time to replace! Without George Washington or someone like him, we might still be a colony and have to pay a 3% tax to the British without having any representation.

Memorial Day: The holiday I always forget is Memorial Day. Perhaps, we should call it forgetial day. Independence Day is always fun, but it feels more like Afghanistan with all of the fireworks going off and car alarms. I guess that is what the revolution felt like — but, our flag (and my hubcaps) was still there, and that is the main thing.

Labor Day (pronounced “Lay-bDay” in Boston) must be popular with the union folks, but Notaries don’t get enough credit for their labor, especially with all of the micromanaging and fax backs. If Notaries were in charge, we would have Fax Back day, where we burn fax backs in a parade and then stomp on the embers. Sounds like something they would do in Iraq.

Columbus Day (not popular in the Lakota reservation) is the day we celebrate how — in 1492, Columbus sailed the ocean blue and Italians named our country! Vikings discovered America in the 1100’s, but didn’t get much if any credit in history books while Siberians “discovered” American accidentally while hunting caribou in 28,000 BC. and appropriately named it, “The sheet of ice to the East.”

Columbus committed acts of genocide on native peoples and forced many indiginous peple into slavery not to mention forced conversions to Christianity. Personally, I think that Columbus Day should more accurately be called, “The White Man Day.” Columbus had many goals such as the pursuit of gold, and geographical knowledge that would lead to the subjugation of the Americas for economic gain through colonialism, a trade route for African slaves, sugar, and tobacco. How progressive!

GINO: “Hey, we a named a your country — capiche?”

JOHN: “Oh, cool. What did you name it?”

GINO: “A- MER-ica!!!!!”

JOHN: “Oh, I didn’t know that.”

Veteran’s Day is a day we remember Veterans, but they very rarely have the opportunity to sign a VA loan on their own holiday.

Thanksgiving is a much nicer holiday. We gave thanks to the American Indians in Massachusetts for teaching us how to plant corn and survive in a cold and unfamiliar ecosystem. Subsequently, 96% of East Coast Native Americans died of diseases courtesy of European immigrants. What about the remaining 4%?

Black Friday is thought of by Notaries as a holiday because nobody works on Black Friday. However, it is officially a working day according to the government. HOWEVER, it is up to the Lender if they include Black Friday as a day to rescind or not. Half of Lenders do not county Black Friday in the three day period and treat it more like a Sunday.White Saturday is the day when people eat leftovers (generally white breast meat) and should be renamed, “Leftover day.”

Christmas, the most commercial holiday of the year is a day that hardly anyone works and is an official Federal Holiday. People normally take the 24th off as well, although it is technically a working day. If you call Notaries on the 24th, they will turn down work on account that they are baking cookies or spending time with the grandchildren.

If the Lakota Nation could name a holiday, they would call it “Broken Treaty Day” where broken treaties that the USA and native people’s made were systematically broken on a whim. What’s the point of having a treaty if you don’t abide by it?

Anyway, now we know our ABC’s, how America was discovered, the kinds of unfriendly behavior the early colonialists engaged in, how we thanked the Indians, how people got their civil rights, how we eat leftover turkey, and how we bake cookies in rememberance of our savior and lord from Nazereth while declining Notary calls. The end!

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April 5, 2015

Point (15) Technical Points; Marcy Attaches a Certificate

Filed under: (2) Technical and Legal — Tags: — admin @ 10:57 am

By now, Marcy had decided to really study her text book well. In this last signing, she narrowly avoided two disasters.

MARCY: Hi, I’m Marcy and I’ll be your signing agent this evening.

RUTH: Thanks for coming Marcy. I’m all ready.

MARCY: The Lender asked me to make sure we include a cashier’s check for $2500 in the package. Do you have the check?

RUTH: Oh, he didn’t remind me. But, I have it somewhere.

MARCY: Let’s take care of the check first, otherwise we’ll forget all about it and you’ll lose your lock.

RUTH: That bad?

MARCY: It’s happened before. I read about it in my course and I’m not making any careless mistakes.

RUTH: Here it is.

MARCY: Okay, the course says to staple it to an eight and a half by eleven paper and put it on the top of the stack of documents in the FedEx so the first person to open the package will immediately see it and hand it over to the correct person… Done! I’m putting it in the package, but at a 90 degree angle so I’ll see it. That way I won’t forget to make sure it’s first in line after we add all of the other documents we’re signing tonight.

RUTH: Boy, aren’t you careful?

MARCY: Well, you’d understand if you knew how many mistakes notaries often make in this industry.

(10 minutes later)

RUTH: Okay, I’ve initialed all of the pages of this Deed of Trust. Now, you need to notarize it, right?

MARCY: Correct… (stamps the document) Oooh! That came out smudgy. I better do it again.

RUTH: It looks fine. I wouldn’t worry about it.

MARCY: The Deed of Trust is a recorded document, and that means that it goes to the county clerk’s office. Some of the clerks are picky, and they have the right to reject a smudgy seal which might cause the loan to not go through on time. So, I need to attach a loose certificate and make sure my stamp comes out clearly… Perfect.

RUTH: You certainly dot your i’s and cross your t’s!

MARCY: If I didn’t, you would lose your loan.

(a day later)

LENDER: Marcy, I noticed you crossed out your Notary seal on the Deed of Trust. Why did you do that? That looks very sloppy.

MARCY: Quite to the contrary, the seal was smudged, and the county recorder would be unlikely to record such a document which is why I attached a lose certificate.

LENDER: But, did you have to staple it on? It is very difficult to disconnect — and messy.

MARCY: Legally I am required to attach the certificate. Completing loose certificates that are stamped is illegal because they can easily be used for fraud by being attached to a different document; So by un-stapling my work, you are leaving yourself open to looking very questionable.

LENDER: But, we always do that.

MARCY: Well, you are at liberty to do what you like, but I am not at liberty to break my state Notary laws! If the Lender had the certificate wording on a separate piece of paper without a page number, it would be removable so that nobody would have to see the cross out should there be an error, and once in a while there are stamping errors. Notary seals are not always clear the first time.

LENDER: Isn’t there a better way to do this?

MARCY: If you want your loan to go through, and for it to go through legally, then no — there is no other way to do this.

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Point (15) A handful of technical points
These technical points fall into the category of signing agent knowledge and are generally above and beyond purely Notary knowledge. Being an expert at these points will make you a much more impressive signer.

Checks in Packages
If you are sending a cashier’s check in a package, please note that these get lost much more frequently than you might think and the borrower’s loan will be delayed if this happens. These checks are for high dollar values, so make sure they don’t get lost between all of the many hands that will touch this loan package.

Staple the check to a 8.5 x 11 piece of paper, and put this paper at the front of the loan package so that whomever opens it (generally a secretary) will see it immediately and notify the person in charge of the loan. If you put the check in the middle of the documents, the check will not get seen right away, and there could be a delay. If you don’t staple the check, it will likely get lost in the shuffle.

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County Recorder Rejections
If you make a mistake on a recorded document, the county recorder can reject the document which could slow down the loan processing time. The borrower might even lose their lock which would be very costly. Take extra care when notarizing recorded documents. Which documents are recorded?

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Dates
What is the difference between a Document Date, Signature Date, Transaction Date, Rescission Date and a Notarization Date?
The document date is a random arbitrarily picked date that is often subscribed in the document. It is often the same date the document is signed, or perhaps drafted. The signature date is the date a document is signed. Of course, if there is more than one signer, there would be more than one signature dates. A Notarization date is the date a document was notarized. Legally, a document can be Acknolwedged more than once though! A transaction date is the date that a document is signed. A Rescission date is the last day to rescind. There, you have five dates to remember!

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eDocuments, eSignings, and eNotarizations
eDocuments are documents sent by email to the Notary to be printed out. eSignings are signings done on a laptop with the borrower doing digital signatures on a signature pad — but, with hardcopy regular notarizations using a paper journal. eNotarization are Notarizations where the notarization uses a digital seal and digital journal.

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The Prepayment Penalty
The Prepayment Penalty could be mentioned in any of these four documents, or perhaps even more. The Truth in Lending says you will, won’t or may have a prepayment penalty. The HUD may reference the prepayment penalty as well. But, the two documents that offer the most thorough information on the prepayment penalty are The Note (which every loan has) and the Prepayment Rider which is only included in a handful of loans that have complicated prepenalty agreements.

Most Notaries we talk to do not know the best place to look for thorough information on the prepayment penalty. They usually want to source the TIL, but this is wrong. Try to be a little more familiar with these very basic loan concepts as your borrowers will be more impressed with you if you do.

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Recorded Documents
Here are various types of recorded documents sorted into categories.

Deeds: Deed of Trust, Riders to Deed, Quit Claim Deed, Grant Deed, Inter-spousal Grant Deed, Warrantee Deed

Title Docs: Subordination Agreement, Mortgage

Legal Docs: Affidavit of Trustee, Power of Attorney (sometimes recorded), some states record the Note although most don’t.

Lien Docs:Judgment Liens, Unsecured Tax Liens, Revenue & Recovery Liens

Other:Addendum, Condo Homeowners Approval, Tax Certificate, Affidavit of Continuous Marriage (state specific)

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Commonly Notarized Documents in Loan Packages
Most packages will have certain documents to be notarized such as a Deed of Trust or Mortgage in all loans. It is also common to notarize other documents such as a Signature Affidavit, Occupancy Affidavit, Correction Agreement Limited Power of Attorney, Subordination Agreements, Grant, Warranty or Quitclaim Deeds, certain Riders, Identity Affidavit, and more.

Spousal Signatures
If a spouse is not on the loan, the documents they sign might vary from state to state and lender to lender, but these documents are typical documents that they need to sign:.
(a) The Deed of Trust and accompanying Riders if any.
(b) Grant Deeds and/or Quit Claim Deeds if someone’s name is being removed from Title.
(c) The Right to Cancel if the spouse is residing in the property.

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Trusts
Notarizing Trusts is not brain surgery. However, when people sign with a capacity, it is common to sign their name, a comma, and then their capacity. Al Smith, as Attorney in Fact for Joe the Plumber. You are only notarizing Al Smith, but the additional information is sometimes helpful or critical. As a general rule, unless the document custodian wishes otherwise, You should have trustees sign as trustees: John Doe, as Trustee.

Then, there are Living Trusts which are instructions for what to do if a signer is incapacitated. These are usually long documents drafted by an Attorney that can be more than forty pages long in many cases. Living Trusts are quite different than regular Trust Documents and Wills.

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You might also like:

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

30 Point Course (16) Initialing
http://blog.123notary.com/?p=14463

Don’t put the FedEx in the drop box if there is a check in the package
http://blog.123notary.com/?p=2831

Spousal Signature Requirements
http://www.123notary.com/forum/topic.asp?TOPIC_ID=244

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November 15, 2013

Common Mistakes with: 1003, Crossing out, RTC, TIL & APR

The problem with the signing agent industry is that education is simply not taken seriously. Newer signing agents will take a certification course somewhere, pass by the skin of their teeth, and then say, “I’m done learning”. The effect is that their brain turns off, and there is no more curiousity to learn or thirst for knowledge.

123notary offers a lot of information in the blog which is free, not to mention a plethora of signing courses and new testing systems that are currently being experimented with. Please take advantage of the information that is out there for best results.

Here are some common mistakes that are really dumb that newer signing agents do.

(1) Call the lender about the 1003
The 1003 is always wrong. It is not a final document by the way. The natural order of documents in terms of the finality of information starts with the 1003 which is an application. This application is typed up by minimum wage workers who systematically make mistakes, and the lenders as a group seem to think it is okay to make mistakes on loan documents for loans of half a million dollars. First of all it is NOT okay, secondly it upsets borrowers, and thirdly, it leaves signing agents in a perceived quandary. They think they need to call the lender if information in this document is wrong. This is the one document you can do cross outs on. It doesn’t matter. The next version of information about names and numbers would be the Good Faith Estimate. It is once again a preliminary document and just an estimate. The final document with numbers is the HUD-1 Settlement Statement. If there is an error here — then it is time to call the lender and perhaps even redraw the documents or just cancel the entire loan process

(2) Just cross out and initial
Many lenders have low standards. We live in a world where standards are pathetically low. Just because a handful, or more than a handful of the lenders you work with have low standards doesn’t mean that you should. There exists a concept called “Best Practices”, and that concept involves not making a mess unless you really are compelled to. If names are wrong on documents AND THE LENDER IS NOT AVAILABLE (which is the norm), you can initial under the last few letters of the last name. This is clean, and the processor can cross-out after the fact or do whatever they like. YOU are not compelled to cross out. Just leave a voice mail for the lender to let them know what you did and why. If there are errors on the notary certificates, once again crossing things out is unprofessional and messy. Keep in mind these are LEGAL documents and making a mess on a legally binding document seems very questionable at best. It is cleaner to get a loose acknowledgment, staple it and start fresh without the cross outs. So, when do you need to cross things out? On the right to cancel if you need to change dates, and there is no borrower copy with the dates left blank — THEN, and only then in my experience are you compelled to cross out the old date and write in a new date and have the borrowers initial

(3) RTC
Guess what. The day of the signing is NOT included in the (3) days to rescind. Many newer notaries don’t know this. The reach for their rescission calendar because they can not think on their own. Learn to calculate, learn to count, and learn to think. Learn when the Federal holidays happen and learn to calculate rescission dates when a signing happens right before a Federal holiday.

(4) TIL
Many signers think that there is detailed information about the prepayment penalty on the TIL. Wrong. The TIL states that you will, won’t, or might have a prepayment penalty. That is not what I consider detailed, that is merely a tidbit of information.

(5) APR
Few if any newer signing agents, or even experienced signing agents can discuss the APR and sound professional doing so. Learn and memorize a professional sounding definition of this figure so that when asked, you will be able to answer FLUENTLY, even in your sleep.

You might also like:

How do you explain the APR to a non-borrowing spouse?
http://blog.123notary.com/?p=4455

Minimum competency guide discusses RTC, APR, Journals & more
http://blog.123notary.com/?p=4337

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