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November 18, 2014

HUD-1 The Settlement Statement

Filed under: (4) Documents,Ken Edelstein — Tags: , — admin @ 9:04 pm

“We are waiting for approval of the HUD before we can send you the docs”. I’m sure you have heard that frequently. Arguably the single most informative document in the package. The HUD, along with the Note, Mortgage and TIL (you better know what the letters stand for) comprise the heart of the deal. Although the HUD is usually not notarized, you DO have to take a look at it.

Probably the most important things for you to check are lines 303 and 603 on the first page. But first take a look at items D and E on the top. D & E name the borrower and seller. Generally you will meet either the borrower or the seller; occasionally both. Now you know if you are meeting with the borrower or the seller, and a quick check of 303 and 603 will let you know if there is “Cash (x) From” due. You are expected to notice cash from and to pick up the payment.

Generally the check is made payable to the Settlement Agent. The agent is named in box H at the top of the form. The check(s) are usually made out to the name in box H. On page 2 in the 1100 series of entries there is often a notary fee listed. Sorry, but that is not the amount that you will receive; it’s the amount payable to the Signing Service. If it says $350 and you took the job for $75; you can be sure the Signing Service considers you a hero. As you recall they said they are only getting $125, you might have a slightly different opinion of them.

There is generally a separate signature page. Oddly, the signature page is often not numbered and really has no “tie” to the HUD itself. Take care here; often the signature page requires two signatures. It’s an easy mistake to just obtain the first required signature but not the second. It’s also easy to become a favorite with the settlement company. They need several copies of the HUD and often make them and stamp them with “Certified True Copy” – they are always delighted when the notary prints a few originals, five is a nice quantity; and has original signatures on each.

Sometimes you will receive the entire package minus the HUD; which you are told will follow as soon as it’s approved. Wanna take a chance? If so, go ahead and print the two copies of the docs that you currently have in your inbox. Don’t be too surprised if you are told to shred what you printed. Numbers on the can HUD relate directly to other numbers in the package. If at all possible wait for word that the HUD is “final” prior to printing the package.

As the HUD is the key “money expenses” page; it’s common for the borrower to receive email with “preliminary” numbers. Obsolete HUDs (that are not the “final”) look very similar to the “final” that you brought to the table. Take care that an earlier HUD, printed by the borrower is not mixed in with the documents that you printed. Borrowers will frequently want to compare the one they printed (left hand) to the one you brought (right hand). Be absolutely sure that you return the one sent to you and not the one sent to the borrower.

There is a silver lining to the gray cloud of HUDs. It’s a federal form and almost always the HUD is basically identical and it’s easy to find information. However, I have seen “HUD clones” that do not follow the standardized format. Take care to look closely to determine how these are signed (perhaps also initialed?). Rarely notarized, it’s an easy form to process. Return a few copies of what was sent to you, signed in all the right places.

You might also like:

What are some typical types of affidavits
http://blog.123notary.com/?p=21334

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

TRID information courtesy of Carmen
http://blog.123notary.com/?p=18932

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

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June 3, 2018

Index of information about documents

Filed under: (4) Documents — admin @ 2:12 am

Here is an index of posts about commonly notarized documents as well as documents that might show up in a loan signing that are of interest to Notaries.

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POPULAR DOCUMENTS

TRID Information
http://blog.123notary.com/?p=18932

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

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ALPHABETICAL ORDER

4506 — Request for Copy of Tax Return
http://blog.123notary.com/?p=16472

Affidavit of Citizenship
http://blog.123notary.com/?p=18847

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

Affidavit of Support
http://blog.123notary.com/?p=17528

Affidavit of Support and direct communication with the signer
http://blog.123notary.com/?p=7084

Closing Disclosure
http://blog.123notary.com/?p=17116

Compliance Agreement
http://blog.123notary.com/?p=15828

Good Faith Estimate
http://blog.123notary.com/?p=18845

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

Living will versus Medical Power of Attorney
http://blog.123notary.com/?p=18966

The Mortgage & The Note
http://blog.123notary.com/?p=13203

Power of Attorney — see our index page
http://blog.123notary.com/?p=20255

Power of Attorney — see our string results
http://blog.123notary.com/?tag=power-of-attorney

Quit Claim Deed
http://blog.123notary.com/?p=18905

Signature Affidavit & AKA Statement
http://blog.123notary.com/?p=16298

The Signature Affidavit
http://blog.123notary.com/?p=13190

Subordination Agreement
http://blog.123notary.com/?p=17526

Right to Cancel
http://blog.123notary.com/?p=19102

The Right to Cancel gone wrong
http://blog.123notary.com/?p=10001

TRID Information
http://blog.123notary.com/?p=18932

Universal Loan Application — The 1003
http://blog.123notary.com/?p=18843

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April 4, 2018

123notary 2018 Certification Standards

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

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

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NOTARY KNOWLEDGE

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

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

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

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

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

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SITUATIONAL KNOWLEDGE

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

Common points include:

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

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

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

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

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DOCUMENT KNOWLEDGE

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

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

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Also see — Elite Certification Study Guide

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February 14, 2017

TRID Information courtesy of Carmen

Filed under: (4) Documents,Popular on Twitter,Popular Overall — Tags: — admin @ 12:48 am

So what is TRID?
It is ‘TILA/RESPA Integrated Disclosure’ rule, also known as TRID. Since this rule is designed to help borrowers understand the terms of their home financing transaction, there is a trend to start referring to this rule as the Know Before You Owe rule instead of TRID. The Know Before You Owe rule took effect October 3, 2015. Follow link below to see and print out forms,

http://www.consumerfinance.gov/know-before-you-owe/

What it means for the borrowers?

When the borrower starts first shopping various lenders for a loan they receive a ‘loan estimate’ (they can receive many of these to compare lenders). Once they make a decision and choose the lender they then they will receive a ‘closing disclousure’ 3 days in advance for review. It all the terms are agreeable and no changes need to be made, after the 3rd day docs can be drawn.

A new Closing disclosure has taken the place of the TIL (Truth and Lending) and The HUD (Settlement statement). This new disclosure has everything regarding the borrowers loan. Please refer to attached sample. The borrower is supposed to receive the Closing Disclourse (or Cd as we have named it) within 3 days of the docs being drawn. This is mandatory. There is now no surprises at the signing table. Keep in mind some title and escrow companies still use a HUD-1 in conjunction with the new CD. I have noticed this with purchases.

What this means for the notary signing agent? For us this means less delays in getting the documents and less questions at the table. The borrower is now already aware of the numbers and terms. The signings go much faster.

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You might also like:

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

The closing disclosure itemized
http://blog.123notary.com/?p=16217

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

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

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December 13, 2016

The Good Faith Estimate

Filed under: (4) Documents — Tags: — admin @ 9:49 am

The Good Faith Estimate may or may not be used anymore in loan signings as the new Closing Disclosure has an accompanying document called the Closing Estimate as of 2015. However, it is possible that some Lenders still use a Good Faith Estimate as different Lenders use different forms and variations on forms.

The Good Faith Estimate documents an estimate of what the various closing costs will be. The final numbers show up on the Closing Disclosure or HUD Settlement Statement. It is important for borrowers to understand which document is final and which one is merely a non-binding estimate.

The good faith estimate must be provided within three days of applying for a loan. Costing costs could include inspections, title insurance, taxes, appraisals, notary fees, title charges, reserves, and other fees.

How do I get a Good Faith Estimate Notarized?
If you need to notarize a Good Faith Estimate, just find a Notary on 123notary.com. However, The Good Faith Estimate is not normaly a notarized document, so save your money for getting your Deed of Trust notarized as that is always notarized in my experience!

Who drafts the Good Faith Estimate
It is normally the Lender who drafts or hires an entity to draft a Good Faith Estimate for him/her.

You might also like:

The APR
http://blog.123notary.com/?p=14483

The 30 point course synopsis
http://blog.123notary.com/?p=14233

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February 23, 2016

The Closing Disclosure

Notaries have become moderately familiar with the new Closing Disclosure. I want to stress some important points about this document that you should memorize. I also added this content to the 30 point course for future reference!

1. The Closing Estimate
Previously there was a document called the Good Faith Estimate whose current replacement would be the Closing Estimate. Although these two documents are not even close to being identical, they go over the estimated costs of the loan among other information.

2. The Truth in Lending
This is now an antiquated document. The Truth in Lending had some bizarre and unhelpful verbiage about the prepayment penalty. It said you, “will, won’t or may” have a prepayment penalty. The Closing Disclosure states if you will or won’t but omits the ambiguous word, “may” from the document.

3. The APR
In addition to going over the APR, there will be a new figure discussed on the Closing disclosure called the TIP which is the total interest percentage.

4. Taxes, Insurance, Escrow Fees
Estimated escrow costs, insurance, taxes, servicing, assumption, and appraisal costs will also be covered in this new and exciting document.

5. The property address
Many loan signing courses claim you should look for the property address on the Deed of Trust or Mortgage. You can, but it is also on the Closing Disclosure on the upper left corner.

6. The Loan Amount & Rate
This is also covered on the upper half of page one.

7. Fees associated with the loan
The Closing Disclosure replaces the TIL and the HUD-1 Settlement Statement. So, items from the Settlement Statement such as fees or costs associated with the loan will be covered on this document.

8. Calculating Cash to Close
This is a very practical section that covers total closing costs, closing costs financeed, down payment, deposit, funds for borrower, seller credits, and adjustments. The bottom line in this section is the cash to close total amount.

9. Summary of Transactions
The sale price of the property, closing costs, HOA dues, deposits, loan amount, sellers credit, rebates, and local taxes are all part of the accounting spreadsheet in this section.

10. The additional information section about the loan
This section covers other specifications about the loan such as whether or not assumption is allowed, if there is a demand feature, negative amortization, late payments, partial payments, escrow accounts, and more…

11. Next, there is a basic loan calculation similar to what the TIL had with the total payments, finance charge, amount financed, APR, and the new figure which is the TIP.

12. There is a section listing other disclosures which will list the appraisal, contract details, liability after foreclosure (keeping it positive), refinance, and tax deductions.

13. And last there is contact information of the Lender, the Real Estate Brokers, and the Settlement Agents.

Sign below.

——————————————— ———-
Applicant Signature Date

Eventually I will create some test questions out of this material. I already have one, but I will derive some others as well.

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You might also like:

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

The 30 point course’s guide to the Closing Disclosure
http://blog.123notary.com/?p=14291

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June 23, 2015

Loan Signing FAQ’s That Borrowers Ask

Many notaries go to the signing table unaware that there are many frequently asked questions that they might not know how to answer. I’m going to list a few here, but our list might expand as time rolls on. Feel free to contribute some FAQ’s of your own that you came accross.

(1) Why is my APR higher than my Rate?

(2) Do I have a prepayment penalty and where can I find that information?

(3) Where are my settlement fees and the costs of the loan documented?

(4) When is my first payment due?

(5) Can I cancel my loan? How many days do I have? How do I cancel my loan?

(6) Do I sign my name with my middle initial?

(7) Why do I have to sign my name this way?

(8) Do you know how to reach my lender now? I don’t have his number in front of me.

(9) Am I in a flood zone?

(10) Do I have mortgage insurance?

(11) If I am a spouse, which documents should I sign? I thought I was on the loan.

(12) Does this property need to be my primary residence?

(13) Can I lease this property out to others during the Mortgage?

(14) What is the penalty if I am late on any of my payments?

(15) Why is my information wrong on the 1003?

(16) How come the information is different on the Good Faith Estimate and the Settlement Statement?

(17) How much can my rate go up if interest rates for up for my Adjustable Rate Loan.

(18) When my Adjustable Rate Loan graduates, will it still have a cap, but not a gown? (sorry for the bad humor)

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You might also like:

Acknowledgment FAQ
http://blog.123notary.com/?p=21331

Certain things you don’t learn from experience
http://blog.123notary.com/?p=22572

Do you take control at a signing
http://blog.123notary.com/?p=21104

How much pay do you merit as a signing agent?
http://blog.123notary.com/?p=19188

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March 22, 2015

Point (13) Call The Lender? Finding the Prepayment Penalty

Marcy had been studying up. She didn’t want to make a fool of herself anymore. She went to her next signing prepared.

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

GLORIA: Oh wonderful. It is so nice to see a well prepared Notary.

MARCY: We can start here with the Deed of Trust and I’ll explain the documents as we go along unless you want to start with the HUD and work our way back.

GLORIA: Oh, very sophisticated. You sound like one of those really experienced Notaries who has signed 3000+ loans and advertises on 123notary.com.

MARCY: Well, I’ve signed about 20 by now, and I’m only 2980 short of 3000. I am working on the 123notary course, but haven’t finished it yet, but I’m almost there.

GLORIA: Great. The Deed is fine, the Note is fine, now, why is my APR higher than my Rate in my Note?

MARCY: I just studied this… I know the answer. The APR is the annual percentage relationship between the payments and the amount borrowed, minus the fees. This rate is often used to compare the different loans borrowers have to choose from. The APR is almost always higher than the rate. The rate, on the other hand, is a monthly percentage relationship between the payments and the total amount borrowed, including fees.

GLORIA: Wow, very professional. You are even better prepared than the notaries who signed 3000 loans. They just told me, “It is the cost of the loan expressed as a percentage rate.” Your answer was so professional.

MARCY: I spent two hours memorizing it and I practice daily so I won’t look like a fool.

GLORIA: Oh, no, you don’t. I’m going to tell your boss that you are the best Notary I’ve ever had, and we refinance every five years. Now, where is my prepayment penalty?

MARCY: Oh, just look on the Truth in Lending.

GLORIA: Okay… It says that I will, won’t or might have a prepayment penalty. I’ve gotten more decisive answers from a magic 8 ball. Can you do any better than this?

MARCY: Oh, hmm. I thought it was there. Do you want to call the Lender?

GLORIA: Sorry to lecture you after I complimented you, but aren’t YOU supposed to know this?

MARCY: We could call the magic 8 ball? Better yet, let’s call the Lender.

(ring-ring)

FRANK: Yeah, Frank here.

MARCY: You are the first Lender in human history to actually answer his phone.

FRANK: Glad to be of help.

MARCY: Your customer wants to know what the terms of her prepayment penalty would be.

FRANK: You mean my BORROWER. Never call them customers. Gloria DiStefano. She doesn’t have one.

MARCY: Where is that documented – In the Prepayment Rider?

FRANK: No, if there is no prepayment penalty, then there definitely won’t be a rider. Check the Note. Anything else?

MARCY: We’re good. That was fast. 45 seconds exactly not that I’m counting.

GLORIA: I’m on it. I thought we went over the Note. I guess I skimmed it too fast. Here it is. It says I don’t have a prepayment penalty. Great. I’ll pay the whole thing off tomorrow. That was easy.

MARCY: Sorry, I’ll study harder. But, I am doing so much better than three weeks ago when I first started. I hadn’t a clue then, but now I get most of the questions correct.

GLORIA: That’s good, but you need to get ALL of the questions correctly and handle all situations like a pro if you want my business!

MARCY: Sadly, you are right. I’ll finish my course and review it regularly. I might even take a few other courses too.

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Point (13) Calling the Lender
Notaries are often confused about when to call the Lender. Some Notaries are over-confident and never want to call the Lender while other Notaries call whenever the borrower sneezes. A high quality Notary knows when to call the Lender and when not to bother the Lender. You have to understand many of the common situations that arise when you have a small problem. If you call the Lender, leave a message, and wait 20 minutes and then call again. Call other entities related to the loan too if you can, such as the Signing Company, Escrow, Title, etc. If the Lender does answer, the borrower might talk to them for 45 minutes while you are running late to an appointment. You will save a lot of time and aggravation if you ONLY call the Lender when you absolutely need to.

The 1003
The 1003 Universal Residential Loan Application is the one document that is universally wrong. There are always mistakes on everybody’s 1003. I’m not sure if there is a law requiring it to always be wrong, but it seems like there is some sort of cosmic law mandating that. Since the 1003, and the Good Faith Estimate are not final documents, don’t worry too much about it. Just make sure that the HUD Settlement Statement is correct, otherwise you’ll have to redraw your loan!

The APR
Many borrowers ask why the APR is higher than the Rate. If you study and rehearse explaining the APR, you can save yourself the time and aggravation of calling the Lender only to find out they are not able to answer their phone. The borrower will feel a lot better, and you will have one less problem at your signing.

The Prepayment Penalty
Borrowers ask about their Prepayment Penalty all the time. Look for it either in the Note, or the Prepayment Rider if there is one (and once in a while there is) The borrower can read the terms themselves instead of being frustrated that they can’t find it.

Letter of Instructions
Consult the letter of instructions before beginning any loan. That way you will know what to do if there is a problem. There might even be phone numbers in the instructions.

Specific Questions
If a borrower asks a question that is specific to their loan, call the lender. If they ask a general question about what information is in what loan document, you should know. Study up!

The RTC
What if the borrower signs in the wrong place on the Right to Cancel? Just go to the borrowers’ copies and get a fresh copy. You just saved yourself a lengthy discussion with the Lender.

Errors on Certificates
If there is an error on a Notary certificate, this is purely for the Notary to resolve. Don’t get the Lender involved in your job as you should know your job.

When is my first payment due?
Look in the TIL, HUD, Payment Coupon, but don’t call the Lender unless you have to.

Power of Attorney Signings
Call the Lender regardless. Even if you know exactly how to sign, call the Lender to confirm. Power of Attorney signings are rejected 70% of the time in my experience even if they are done correctly.

If the names printed on the documents are spelled wrong
If there are any problems with names of signers on the documents, you should call the Lender. If the ID doesn’t match the borrower’s name printed on the document, you have a problem. The Lender might not care about what Notary law says, but does want to get the loan signed. If the signer is not comfortable signing the way their name is typed on the document, the loan will probably not fund otherwise, but you can call the Lender or read our section about the Signature Affidavit.

Missing docs or docs the borrower won’t sign
If you are missing any of the loan documents that normally appear in a package, sign the ones that are there, send them back, and call the Lender immediately upon discovery that you are missing a document. Or, if a borrower won’t sign a particular document, call the Lender. You can send it back unsigned at the top of the stack. Or, if the borrower wants to keep it and send it back after talking to the Lender, that is another common option.

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You might also like:

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

30 Point Course (14) Explain or Don’t Explain
http://blog.123notary.com/?p=14440

Industry standards in the Notary business
http://blog.123notary.com/?p=4370

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March 1, 2015

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

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.

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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

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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