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February 15, 2015

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

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.

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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.

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The Deed of Trust states:

(a) The loan amount

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

(c) Who the borrowers are

(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.

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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

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