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March 15, 2015

Point (11) Following Directions; Why Marcy Wouldn’t Make a Good GPS

Filed under: (2) Technical and Legal — Tags: 30 point course — admin @ 12:23 am

Marcy’s Failure in Following Directions

Alternate Title: Why Marcy Wouldn’t Make a Good GPS; She Can’t Follow Directions!

Marcy yet again had another signing before she had finished her course. She knew it all now though. She found out what she had done wrong with the signature affidavit after calling Carmen. She knew not to have drinks on the table. She knew that the 1003 was always wrong. And she knew that Lenders always answer the phone, except during the critical moment when a borrower has a problem at the signing. So, what else could possibly go wrong?

MARCY: I keep making mistakes.

CLAUDIA: Well, I’m your friend, and I’m telling you — you’re going to just go out there, and keep working. You’ll get there.

MARCY: Thanks for the support. Without you I’d just sit home and mope. But, I probably wouldn’t get thrown in jail either.

CLAUDIA: You won’t get thrown in jail. Sued maybe, but not thrown in jail.

MARCY: Thanks… I’m going now… and I’ve learned my lesson the hard way for the third time now.

(at the signing)

MARCY: Hi, I’m Marcy, and I’ll be your notary for the evening.

CYNTHIA: Thanks for coming. Have you done this before? The last notary they sent had no experience.

MARCY: Well, I’ve done a few now, and I owe it all to my friend Claudia.

CYNTHIA: Oh good. So, you know what to watch out for.

MARCY: Yup. Take that glass of water OFF the table. That’s the worst thing to watch out for.

CYNTHIA: Okay, let me sign right here.

MARCY: You just cancelled your loan.

CYNTHIA: I did?

MARCY: Yes.. but, since I did my homework, I know what to do. I am going to go into your borrowers’ copies and get you a fresh Right to Cancel. Please sign right here. I’ll put my hand over where you are not supposed to sign so we don’t ruin this loan like the last.

CYNTHIA: The last?

MARCY: Well, the names didn’t match up and the Lender wasn’t answering his phone.

CYNTHIA: Oh, how confidence-inspiring. But, so far you have saved me from two huge blunders. Thanks!

(later on)

CYNTHIA: We are all done with the package except for this last document. The automatic payment disclosure. But, I won’t sign it without talking to my Lender. What now?

MARCY: Okay, let’s call. (ring-ring) As usual he isn’t there. Oh well. We can send in the rest of the paperwork and then send this one in once you’ve talked to the Lender.

CYNTHIA: I’m not sending anything in.

Marcy overlooked to read the loan instructions. To make this story interesting, Marcy was instructed to call Title, The Signing Company, Escrow, and the Lender if anything went wrong during the signing. She was to call all four numbers. If she had, the Escrow agent always worked late and had alternate numbers for the Lender. Additionally, she could answer even the most difficult questions about the automatic payment disclosure since she was an expert at the topic. But, once again Marcy screwed up. She didn’t follow directions. She didn’t even read it. What if the directions had told her to sign in green ink? How would she know if she didn’t read. Fortunately, this blunder didn’t cost the borrower her loan, and it was the borrower’s fault for being stubborn about sending in the documents. Marcy was only lightly reprimanded for this error.

Point (11) Following Directions

Notaries are expected to follow directions. (But male Notaries will never ask for directions.) However, each signing company and each Lender wants something different. It can be hard to keep track of each person’s unique instructions. But, you can get fired if you don’t. So pay attention!

Example (a)
Chad was assigned to sign a loan. He was instructed to call the Lender if anything went wrong. The signer didn’t want to sign with their middle initial Z. So, Chad called the signing company and they said the borrower didn’t have to use the Z. So, they signed the loan and sent it back. Chad got fired the next day. Why? Because he was instructed to call the Lender if there was trouble, and nobody else. Chad didn’t follow directions. He insisted, “But, I always call the signing company if something goes wrong.” Don’t do what you always do, do what you are asked to do!

Example (b)
On another loan, Chad was instructed to use blue ink. Since the signing company expected Chad to not follow directions unless they put it in his face, they taped several blue pens to the first page of the loan package. It was blatantly obvious that they wanted the loan signed in blue, because it was for a Florida property. This time Chad followed directions.

Example (c)
In our next example, Chad was instructed to leave a message for the Lender if anything went wrong during the signing.
Chad did a signing for Alex. The signing went well except that Alex didn’t like the HUD. Chad tried to call the Lender that night, but the Lender didn’t answer. So, Chad had Alex sign it anyway, and Chad held on to the documents so that he could reach the Lender the next day. The documents never arrived on time and Alex lost his loan. What did Chad do wrong?

Chad was supposed to leave a message. However, Chad only called the Lender, and gave up when the Lender didn’t answer. Chad never actually left a message. The next thing Chad did wrong was to hold the HUD. If Alex didn’t like the HUD, Alex should hold on to it, not the Notary. Next, Chad should have sent the documents that were signed back to the Lender or Title without delay. Chad forgot to call the Lender the next day because he had eight signings, and the documents never got back on time. The moral of the story is to follow directions to a T and to get the documents back on time.

Example (d)
Korey hires a notary to do a signing for Joe Shmoe. Korey tells the Chad notary that if there is a problem, the notary should call him, and only him, at this one number — otherwise the notary is fired. The notary goes to the signing and finds out that the borrower is named as a seller in the XYZ document. The notary calls Korey and gets, “Hi, this is Korey, I am not here right now…”.

Q. What should the notary do now?
(a) Convince the borrower to sign and explain the right to cancel
(b) Tell the borrower that if he doesn’t sign, he won’t get his loan
(c) Cancel the signing
(d) Continue the signing
(e) Leave a message
(f) Call the Title Company
(g) Call the signing company

Only 10% get this question correct. The correct answer is to leave a message. You were not instructed to do anything other than that. After you leave a message, you might consider the other options, but leave a message first as that is what you were instructed to do.

Example (e)
The signing company tells Chad to go to the signing and call them when he is parked outside the house. So, Chad goes to the house, parks, goes inside, sits down at the dining room table, and then calls the signing company. Chad didn’t listen!

Example (f)
A Notary’s seal didn’t come out clearly. Title calls him and asks him to send a loose certificate in the mail. The Notary refuses. Did the Notary fail to follow instructions? The answer is that the Notary is obeying a higher authority which is the Secretary of State, which in most states if not all states, forbids Notaries from sending loose certificates that are not stapled to the original document as they might be used for fraud. However, the Notary could request that the original document & certificate be returned to him. The Notary could then destroy the original certificate (by shredding perhaps) and then create another certificate, staple it and send it back without seeing the signer. This would be legal as the certificate section is not required by law to be completed at the time of the notarization, and because the original was destroyed leaving only one certificate per notarization.

You might also like:

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

30 Point Course (12) Cross-Outs
http://blog.123notary.com/?p=14406

Comments (1)

March 8, 2015

Point (10) Signature Affidavit; Marcy Cancels the Signing

Filed under: (2) Technical and Legal,Popular on Facebook (shares),Popular on Facebook (some) — Tags: 30 point course, acknowledgment wording, Notarizing, Signature Affidavit, Signature Name Affidavit — admin @ 12:01 am

Our friend Marcy had screwed up a few signings by now. But, she wouldn’t give up. She was determined. She was unfortunately determined to go out there because her friends told her to have confidence and go out there. What she really needed to do is more studying before she screwed up anyone else’s loan. Maybe after this screw up she’ll hit the books before she accumulates some more bad karma.

ROCHESTER: Hi, you must be Marcy, the Notary.

MARCY: Sure, yes, just call me Marcy. Oh, that’s what you called me. Yes, I usually go by Marcy.

ROCHESTER: So, can I offer you a glass of orange juice before the signing?

MARCY: Yes, that would be wonderful. But, we’ll put it on a separate table or chair. I don’t want to tell you what happened at Starbucks a few days ago.

ROCHESTER: Oh, I love Starbucks. How could anything go wrong there?

MARCY: Oh boy. Let’s not talk about it. Let’s just make sure nothing goes wrong here.

ROCHESTER: Nothing can go wrong. I went over all the numbers with my Lender this morning. Just relax.

MARCY: Okay, no surprises then. Here are the documents. Let’s sign away.

ROCHESTER: Okay, hmmm. Uh-oh. My name.

MARCY: Your name? Your name is Rochester Smith.

ROCHESTER: That’s the whole thing. The docs have my name as Rochester T Smith. I never sign that way.

MARCY: No problem, I have the Lender’s phone number on speed dial, and your ID has your name as… uh-oh!!! (ring-ring) hmmm, he doesn’t seem to be picking up. Typical Lender. Always there to sell you a loan, but never there when you’re at the signing and something goes wrong. I think we need a 3-way appointment next time to make sure they are available. I’ll just leave a message.

ROCHESTER: Well, I can’t sign like this. I never sign with my middle initial.

MARCY: I can’t notarize you with the middle initial anyway since it is not on your ID.

ROCHESTER: Well, we’ll have to end the signing then. I’m so sorry Marcy.

MARCY: Oh, it’s okay.

Little did Marcy know that she could use the Signature Affidavit and AKA statement to write in all of Rochester’s name variations including the one without the middle initial. They could sign the docs as one of the variations such as printed on his ID, and the loan would go through unless the Lender objected. Lender’s often plan on selling the loan, so they don’t want too many (or any) discrepencies. Since Rochester wouldn’t be able to get another ID, the Lender wouldn’t have too much choice in the matter other than to forfeit the loan after his many hours of involvement. Once again, Marcy ruined another loan because she didn’t do her homework. Sounds like some of the notaries on 123notary who didn’t want to take additional certification courses and tests because they didn’t “need” to. Oh well. Perhaps it is really the Lender’s fault for choosing an untested Notary.

Point (10) The Signature Affidavit and AKA Statement

Signature Affidavit
There are many variations to this one. Here are some other names: Name Affidavit, Signature Affidavit and AKA Statement, Signature Name Affidavit, etc. These documents are often sworn oaths; if so, make sure to have the borrower(s) raise their right hand and swear to the correctness of the document or whatever the document asks them to swear to. This document is the one where people have to, or are allowed to, list all of their names including previous names from a long time back.

Generally, the name that the borrower is using in all of the documents appears on the top of the page; they have to sign to the right of that. Then, if they have name variations, those will be listed below. The printed name variations are usually on the left while the borrowers should sign to the right. The spelling of the names on the forms are not always correct. The names are obtained from credit reports that, at times, have the names misspelled. Keep your eyes open. Be sure that the borrower signs the variations exactly as they are spelled. Watch them like a hawk. Borrowers always screw this document up. If the names are not their real names, explain to them that the information came from credit reports. The data entry clerks who work at the credit bureau don’t always have good spelling skills. However on this particular document, the borrower has to sign exactly the way the misspelled name is anyway.

Notarizing the Signature Affidavit
This document is almost always notarized. Be careful doing your acknowledgment wording. If the person has one or more name variations, then the wording should be as follows (this is the California wording, it may not apply in other states, and I’ll skip the beginning wording):

The person(s) [cross out the ‘s’] whose name(s) [don’t cross this ‘s’ out although it is a habit] is/are [cross out the ‘is’] subscribed to the within instrument and acknowledged to me that ——— by his/her/their signature(s) [keep the ‘s’] ——-

It is difficult to remember how to fill out the wording for a single person with multiple names. Please refer to the Signature Affidavit in the sample document section to see how the wording is done.

The most important fact about the Signature Affidavit: If a borrower insists on signing in a way that is different from the name printed on the documents, the loan will often (not always, but often) still go through if that name they are using during the signing shows up in the Signature Affidavit. As always, ask the Lender before you use any name variation that is different from what is printed on the signature area of the documents. But, if the Lender doesn’t answer their phone — and they often don’t, then you are forced to use the skills you learned by learning the ropes! Just be sure not to hang yourself with one.

You might also like:

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

30 Point Course (11) Following Directions
http://blog.123notary.com/?p=14379

The Signature Affidavit
http://blog.123notary.com/?s=signature+affidavit

The Signature Name Affidavit: Not a substitute for an ID
http://blog.123notary.com/?p=3823

Comments (7)

March 1, 2015

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

Filed under: (2) Technical and Legal — Tags: 30 point course, Compliance Agreement, Private Notary, The 1003 Uniform Residential Loan Application — admin @ 10:25 pm

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

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

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

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

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

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

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

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

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

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

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

(20 minutes later)

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

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

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

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

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.

Point (9) Compliance Agreement Errors and Omissions

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

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

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

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

You might also like:

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

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

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

Comments (1)

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

Filed under: (2) Technical and Legal — Tags: 30 point course, HUD Settlement Statement, Occupancy Affidavit, Quitclaim Deeds — admin @ 12:00 am

I get paid enough to get something on the Value Menu

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

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

ELLEN: Got it.

(ring-ring)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Point (6) The Occupancy Affidavit

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

Point (7) Grant & Quitclaim Deeds

There are four major reasons to have a Grant Deed.

(1) To transfer property in a sale of property

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

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

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

Quitclaim Deeds

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

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

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

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

Comments (1)

February 22, 2015

Point (3) RTC (4) Closing Disclosure; Story: The Starbucks Signing

Filed under: Loan Signing 101 — Tags: 30 point course, Closing Disclosure, The Right to Cancel, The Truth in Lending, Truth in Lending — admin @ 10:05 pm

The Starbucks Signing
Marcy hadn’t completed her certification test yet. After all, why should she. A little test couldn’t be that important, right? But, she was anxious to get started. She completed her notes section on her 123notary profile. She wrote:

I am reliable, prompt, punctual and professional. Call me for any mobile notary job!

She got her first call a few days after signing up. She answered the phone as her infant was screaming. The screaming was so loud that the person on the other end of the line couldn’t hear what she was talking about. The client decided that Marcy wasn’t very professional.

Then, another call came in. She answered it and got the job. She was to notarize a Grant Deed. She had never seen a Grant Deed, but how hard could it be to notarize. She knew how to fill in an Acknowledgment form. Her baby started screaming right when she was leaving. She left the baby with her husband and went out to do her job. She arrived 20 minutes late as a result of her baby having a fit. The customer said, “Your profile claims that you are punctual, but you are 20 minutes late!” Marcy said, “But, I am punctual, it was just this one time!”

Then a third call came in. They needed a loan signing done. Their house was under repair, so they agreed to meet at a local Starbucks. Marcy’s husband wasn’t around, so she decided to take her baby with her. Luckily for her, the signers loved children, particularly infants. The signing started off okay. Marcy had received a FedEx package of the documents. Everything was in order. She put the documents on the table, and kept the borrower copies in the FedEx. She didn’t know how to introduce the documents because she had never studied loan signing. Her course book was sitting on her desk collecting dust. She would soon learn that book knowledge would help her out of a very serious bind that was about to happen. Ooops!

The couple was signing away, when the toddler spilled Marcy’s mocha all over the Right to Cancel. All Marcy could say was, “I’m so sorry, I’m so sorry.” Marcy decided she had the Right to Cancel and obligation to cancel the appointment and have them start all over another day with another notary. She went home feeling mortified and devastated. But, she didn’t have to. Marcy made several simple mistakes. What were they?

(1) No drinks on the table. Drinks spill all the time. If you have drinks on the same table as documents, you are going to have a problem, it is just a matter of time. Drinks go on a separate table or a chair as a matter of policy. If Marcy had obeyed this signing policy, she would not have gotten in trouble.

(2) Don’t bring your three year old to a signing no matter what. It is not reliable or professional to do so, not to mention the trouble they could cause.

(3) The Right to Cancel was damaged, but there was a borrower’s copy of that document in the FedEx which Marcy could have used to substitute for the damaged one. An easy fix to a common problem. It is also common that borrowers sign in the wrong place on the Right to Cancel. You need to swap that document out if that happens as well.

Point (3) The Right to Cancel

The Right to Cancel (Right to Rescission) gives the borrower in a non-commercial / non-investment refinance three calendar days not including Sundays or Federal holidays to read over the documents and consider their options. If borrowers want to spend three hours reading every page of the document, the Notary is encouraged to inform them that this is a signing appointment, and that they can review their borrower copies over the next three days and cancel within that time period if they have any dissatisfaction with the documents.

Dating: (Chaperone Not Included)
In addition to having the borrowers sign this document, it is often the Notary’s responsibility to make sure it is dated correctly. On the top of the document there should be a section that reads: “The date of the transaction, which is ____________________”. This is where the Signing Agent places the current date; this is known as the “transaction date”. Towards the bottom of the document it states: “no later than midnight of________.” This date is called the “rescission date”, and it states when the Right to Cancel period is finished. In this blank you would write the last day for the borrower to cancel, which is three days past the current date (excluding Sunday and major holidays). If it is Saturday the 20th, and Monday is a holiday, the last day to cancel would be Thursday the 25th.

What if the lender dated the document incorrectly? Cross out the incorrect date, write the new date, and have the borrower(s) initial the change. Never use white-out.

What if the transaction date is correct, but the lender is giving them too many days to cancel? Sometimes lenders are generous and give one or two extra days. Don’t correct that because it’s not an error; it is an act of generosity.

If the borrower carelessly signs where it says, “I wish to cancel”, the best way to remedy this situation is by using the borrower’s copy of the document (by the way, this question is on the exam); doing this will save everyone a great deal of trouble. If that is not possible, cross out the signature and have the borrower initial it. Then have them sign in the correct location.

Cancellation by Fax. The borrower always may cancel their loan by fax with all lenders by law within the (3) day right to cancel period.

Here is a list of all Federal holidays:

New Year’s Day
Martin Luther King Day
Washington’s birthday AKA and observed on Presidents day
Memorial Day
Independence Day
Labor Day
Columbus Day
Veteran’s Day
Thanksgiving Day ( the Friday after is a regular day unless the lender states otherwise )
Christmas Day

Point (4) The Closing Disclosure (formerly The Truth in Lending)

The Truth in Lending is now antiquated.

Notaries have become moderately familiar with the new Closing Disclosure. I want to stress some important points about this document that you should memorize.

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.

You might also like:

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

30 Point Course (5-7) HUD, Occupancy Affidavit & Deeds
http://blog.123notary.com/?p=14546

The Right to Cancel done Wrong!
http://blog.123notary.com/?p=10001

Notary information for beginners: Best Posts
http://blog.123notary.com/?p=10472

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

Comments (2)

Point (2) The Note; Story: Background Noise

Filed under: (2) Technical and Legal — Tags: 30 point course, The Note — admin @ 6:14 am

Marcy, The Baby, and the FHA Signing

Marcy was a little big traumatized after her last signing, but she wouldn’t be able to face her neighbor Patricia if she quit now. So, she decided to just do it. She waited patiently by the phone as she watched her toddler. Her husband often worked nights, so she was all by herself with the exception of her screaming child.

And then the phone rang. It was Nicole from Hawaii Title. They needed a loan signed that night and couldn’t find anyone.

NICOLE: Hi, this is Nicole from Hawaii Title.

MARCY: Aloha. (child screaming in the background, radio playing loudly too)

NICOLE: I hope that’s not a dissatisfied customer.

MARCY: No, he’s a little cranky tonight. I just told him a bedtime story called Snow White and the Seven Lenders. Don’t get me started on Grumpy.

NICOLE: Oh, is this the one with the wicked Escrow officer who gives her a poisoned prepayment penalty?

MARCY: No, that part was too scary.

NICOLE: Well, we have an FHA loan we need…

TODDLER: Wahhhhh! Wahhhh!

NICOLE: Is something wrong?

MARCY: Oh, well Chuckie doesn’t like the word FHA. You see, in the story, the evil Escrow Officer did mostly FHA loans.

TODDLER: Wahhhh! Wahhh!

NICOLE: Okay. No problem, I’ll call it a Federal HA loan. I know it can’t be easy raising a young child. But, it’s not easy for callers to endure any type of distractions. I noticed that not only is your toddler screaming, but there is also a radio playing in the background. Putting aside how difficult to hear you over this noise, it is also considered very unprofessional to have any type of background noise on a professional call. I’m sorry to give you a lecture on this, but I think you sound serious about this business and you need to know. Many companies just won’t hire you if they sense any unprofessional behavior on your part be it oral communication, if your notes section has spelling mistakes on 123notary, or mistakes on loan documents.

MARCY: Oh, I had no idea. But, that makes sense, now that you tell me. I’m just so used to Chuckie, that I don’t realize that other people might not be so immune to his antics. I’ll put the baby in the other room. And my husband will be back soon, so I can go out to do a signing the minute he returns.

NICOLE: Okay. Just keep in mind that FHA… oops, I meant to say Federal HA loans, take considerably longer to sign than straight Refinances. But, I will be on the other end of the line the whole time in case you have questions. And we require fax backs.

MARCY: Okay, 123notary told me that companies that require fax backs do so to ensure that the loan is correctly signed when a beginner is working for them. This makes sense as I am a beginner — a very enthusiastic beginner. So, I won’t complain about fax backs like the other notaries!

NICOLE: That’s what I like to hear.

MARCY: Bring it on!!!! I’m ready for your FHA

NICOLE: Wahhhh… Just kidding.

Point (2) The Note
The Note (also called ‘the agreement’ by some companies) is the basic contract between the borrower and the Lender; it includes the basic terms, conditions, and information about the loan being signed.

The Note includes:

(1) The Rate

(2) The Prepayment Terms (these are usually explained in two paragraphs on the first or second page)

(3) The Payment Amount of Principal and Interest (this doesn’t include taxes and insurance).

(4) The day that monthly payments are due.

(5) Penalties for late payment

(6) The amount of the loan

The Note also specifies that it is secured by a ‘security instrument.’ (This will be discussed in the next section, specifies where to make payments to — many other kinds of information are also in the note. It is simplest to understand the note as merely a list of agreements, as previously mentioned. Adjustable Rate Notes. This document is a note with information about what the adjustable rate is based on and how it can fluctuate.

Please note that the best place to look for information about the prepayment terms are in the Note or a Prepayment Rider if there is one, and NOT on other documents as other documents do not have thorough information about this topic. Please also note that The Note is not normally a notarized document.

You might also like:

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

Point (3-4) The RTC & TIL
http://blog.123notary.com/?p=14291

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

Comments (0)

February 15, 2015

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

Filed under: (2) Technical and Legal — Tags: 30 point course, Deed of Trust, Housewife becomes a Notary — admin @ 5:38 am

Marcy the housewife becomes a Notary!

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

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

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

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

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

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

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

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

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

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

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

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

The Deed of Trust states:

(a) The loan amount

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

(d) The location and description of the property.

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

(f) Who the trustors and trustees are

(g) The loan is secured by the property.

(h) A Description of the Property

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

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

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

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

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

Comments (2)

30 Point Test Course Book: Synopsis

Filed under: 30 Point Course,Popular on Facebook (shares),Popular on Facebook (very),Popular on Linked In — Tags: 30 point course — admin @ 5:21 am

30 Points in Your Favor!
The 30 point course book is yet another certification course offered by 123notary.com. But, this one is different. Our original certification course was a very dryly written quick course designed to teach notaries basic competency in loan signing. Our Elite course was written in late 2012 and was designed to teach very sophisticated aspects of doing business as a mobile notary such as communication, marketing, hiring others, and the finer aspects of notary and signing agent work. This new 30 point course will have some elements from both of these previously written courses, but will focus only on the technical aspects of notary and signing agent work of all levels ranging from basic to very advanced. Also, be sure to read about the new loan document which goes over facts and figures about the loan called, “The Loan Estimate” which is similar in information to the TIL & HUD-1.

Required additional reading

Best blog articles for advanced Notaries – http://blog.123notary.com/?p=14736
Mobile Offices from A to Z – http://blog.123notary.com/?p=535
Signing Agent Best Practices – http://blog.123notary.com/?p=4315
The Prepayment Penalty – http://blog.123notary.com/?p=4429
The Loan Estimate (New) – http://blog.123notary.com/?p=15437

Table of Contents

Page Titles

Each post about the 30 point course will have a story and several points which could make the titles appear a bit long.
Titles might look like this:
Point (13) The Automatic Payment Disclosure; Story: Marcy’s Babysitter

Use this link to see all published posts in a string in reverse order:
http://blog.123notary.com/?tag=30-point-course

How is it different from the Elite course?
The Elite certification course was designed to get its students an upper arm in the notary business. It was designed to help them be a pro at negotiation, growing their business, and handling difficult strategic situations. The overall aim of the course was to help them make more money, grow their business, and gain attention from having the Yellow Elite Certification Icon next to their name on the search results. Notaries who passed are far more intelligent, sophisticated, and get a lot more work than their competitors in high spots on 123notary who lack the Elite designation. Based on my personal experience, I would vouch for the fact that a 123notary Elite signer has quadruple the signing agent knowledge as an uncertified signer. Although they don’t know everything, the depth and breadth of their knowledge is quite noticeable if you talk shop with them for more than a few minutes.

This 30 point course is only designed to teach notaries how to deal with technical situations like a pro, but not designed to help them get rich (although more knowledge never hurts). If you do well on the 30 point test, you can consider taking our Elite course. It will be easy for you if you got a high score on the 30 point test.

Summary of the 30 point course
The 30 point course will cover a wide range of notary and signing agent technical topics including following directions, best practices, understanding what information is where in the documents and more. Additionally, we added some entertaining stories to help make the text more enjoyable for the reader. There will be many stories which are designed to drive certain technical facts home in a pleasant and absorbing way.

Please Note
Not all of the questions covered in the 30 point test are taught in this course. Please rely on your personal experience as a notary to answer test questions not addressed in this course.

You might also like:

What’s the difference between 16 clicks a month and 100 on 123notary?
http://blog.123notary.com/?p=13185

From 3 jobs a week to 3 jobs a day!
http://blog.123notary.com/?p=3940

A detailed look at the Ninja course
http://blog.123notary.com/?p=4621

Interview with a Title company
http://blog.123notary.com/?p=3724

Comments (4)

November 30, -0001

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

Filed under: Loan Signing 101 — Tags: 30 point course — admin @ 12:00 am

I get paid enough to get something on the Value Menu

ELLEN: Got it.

(ring-ring)

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

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.

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!

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

Point (6) The Occupancy Affidavit

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.

Quitclaim Deeds

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

Comments (0)

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