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April 5, 2017

Do you know your Federal holidays?

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

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

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

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

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

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

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

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

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

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

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

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

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

GINO: “A- MER-ica!!!!!”

JOHN: “Oh, I didn’t know that.”

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

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

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

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

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

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

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March 23, 2017

The 3 day right to rescind

Filed under: (4) Documents,Loan Signing 101 — admin @ 8:00 am

This article intends to clarify dating on the Notice of Right to Cancel or RTC.

A borrower went to confession

TOM: “Forgive me father for I have rescinded.”

PADRE: “Did you rescind in the 3 day period?”

TOM: “Yes, father.”

PADRE: “Then, it is okay in the eyes of the lord. 3 hail Mary’s.”

TOM: “It was in two days, so can you reduce my sentence to 2 hail Mary’s?”

When you get a non-commercial and non-investment personal refinance, traditionally you get three days to resind or cancel your loan. Counties these three days is a skill that Notaries need, but don’t always have. In the old days, and with certain lenders, the Notary is reponsible to write in the TRANSACTION DATE in a blank in the RTC.

The transaction date is the date when a notarization is done or when a loan is signed. Technically with Acknowledged signatures, the signature can be made previous to the Notarization. It might be five minutes previously or twenty years previous to the notarization. During loan signings, the documents are normally signed at the time of the loan signing and promptly notarized.

The signature date is normally the same as the transaction date, but not necessarily and is the date the person signed the document. Once again, in an Acknowledgment, that could come before the notarization if the borrower wishes to sign ahead of time, but at a loan signing is normally on the date of the loan signing.

The notarization date is the date when a document is notarized.

The recission date or deadline or last day to rescind is three days after the date of the signing not including Sundays or Federal hollidays or other days that the Lender allows.

Please note that business days only include Monday to Friday while days to rescind include Monday to Saturday not including Federal Holidays of which there are ten.

Let’s do some practice runs.

(1.) A loan is signed New Year’s eve on Friday the 31st. What is the last day to cancel your Refinance?
Sat would be New Year’s Day a Federal holiday. Sunday would be a Sunday and not counted. So, you would have… Mon, Tues, Wednesday would be the last day.

(2.) A loan is signed on Monday in April when there are no Federal holidays. The last day to cancel is… Tues, Weds, Thursday would be the last day.

(3.) A loan is signed on Sunday in April. The last day to cancel is… Mon, Tues, Wednesday would be the last day to cancel.

(4.) A loan is signed on Thursday in April. The last day to cancel is… Fri, Sat, skip Sunday and Monday would be the last day to cancel.

(5.) A loan is signed Wednesday before Thanksgiving. The last day to cancel would be… Fri, Sat, skip sunday and then Monday would be the last day to cancel UNLESS the Lender allows Friday as an arbitrary holiday (they can be generous if they like) in which case it would be… Sat, Mon, and Tuesday would be the last day to cancel. Whether Black Friday is considered a holiday or not is up to the Lender and they are 50/50 on this one. But, if they don’t specify, then it is considered a regular business day with exceptionally long lines!

Now boys and girls, we understand the RTC or Notice of Right to Cancel. We hope you are also aware of when the ten Federal holidays come. It is not a bad idea to have a Rescission Calendar. I heard that the NNA might have them, so get one that fits in your wallet.

What’s in YOUR wallet?

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June 28, 2016

How good is your technical knowledge, should you learn more?

Most Notaries feel that they know it all and don’t need to learn anything more. But, the knowledge necessary to make it in this profession is deep and what you need to know keeps changing. So, you my friend need to keep reading. In addition to passing the certification exams of the various Notary companies out there, you also need to read.

What types of eduational content should you read? NNA has a good blog with technical posts. 123notary has a wealth of technical blogs as well.

123notary’s 30 point course
http://blog.123notary.com/?cat=3442

Best Notary Blog Articles for Advanced Notaries
http://blog.123notary.com/?p=14736

Signing Agent best practices – 63 points
http://blog.123notary.com/?p=4315

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

Notary Information for beginners — best posts
http://blog.123notary.com/?p=10472

Everything you need to know about writing a great notes section
http://blog.123notary.com/?p=16074

Notary Journals from A to Z
http://blog.123notary.com/?p=8348

Business Tips for Notaries
http://blog.123notary.com/?cat=3246

Marketing Articles for Notaries
http://blog.123notary.com/?cat=3256

Jail & Hospital Signings
http://blog.123notary.com/?cat=3251

Technical & Legal Posts
http://blog.123notary.com/?cat=3244

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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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April 22, 2015

30 Point Quiz — Jeopardy

Filed under: Loan Signing 101 — Tags: — admin @ 11:28 pm

In this section, we will test you on some, but not all of the concepts in the 30 point course. Once you feel you are ready, you can email us at info@123notary.com to schedule a time for your over the phone course. If you do extremely well on our test, we might either give you the certification icon, or offer you the certification icon at a discounted price if you didn’t purchase the certification course or loan signing combos in the past. However, we will not reveal how many points you need to earn this certification. Additionally, the content similar to the certification exam would be reflected more in the first 15 questions on the test rather than the last ones!

(1) Other than his loose-lipped girlfriend — The first place you should look for the Lender’s contact information.
What is the ________________ ?

(2) The first place you should query to find Poisoned Prepayment Penalty info without asking the wicked Escrow Officer.
What is the ________________ ?

(3) This type of holiday (mercifully missing meter maids) isn’t factored in to the 3 days a borrower has to cancel their refinance.
What are ___________________ ?

(4) This Mortgage term is similar to The Rate
(batteries, certain fees & closing costs not included; only available at participating locations, restrictions apply; must be 18 or over to enter)
What is _______________?

(5) This is the fee documented in the HUD that can help you get something on the value menu.
What is ___________________?

(6) This Deed lets you take your name off of Title; Think of it as the “Name off Title Affidavit” although you’d be “off” if you thought such a document existed.
What is __________________ ?

(7) This document proves that you reside in the subject property. An if you live in an elevator you’ll need 12 of them.
What is ____________________?

(8) This document is an identity thief’s biggest nightmare as it will have your social security number typed incorrectly and claim that you graduated from Harvard when in reality you went to school online at the University of Phoenix.
What is _______________________ ?

(9) This document makes the borrower agree that they’ll cooperate if clerical changes need to be made in the documents. But it won’t change your loan amount from $200,000 to $20,000,000; so don’t buy the private jet quite yet.
What is _______________________ ?

(10) This loan document takes jazz musicians half an hour to sign in 12 places. About the length of the world’s most annoying drum solo.
What is _____________________?

(11) Many Notaries complete signings incorrectly because they didn’t read this document or the Lender’s mind.
What is _____________________ ?

(12) If you do this on a document, you render it null, void or prohibited by law.
What is ________________ ?

(13) If the names don’t match, you must attach!
If the names on an ID and the documents are inconsistent, or you are doing a Power of Attorney signing, you might need to do this.
What is ___________________ ?

(14) If the borrower introduces you to his girlfriend, ________ you are the Notary. If your borrower introduces you to his girlfriend who is completely naked, call the Lender
What is ___________________ ?

(15) More than once, a secretary in a Title company lost a cashier’s check and the borrower lost their loan. Here is what the Notary should have done to prevent this situation from happening. And don’t get me started on how she misplaced the vanilla hazelnut creamer. Are we being sexist? No. At least a female secretary knows how to make coffee!
What is __________________ ?

(16) This how Samuel Edward Xavier, Jr. would initial.
What is _____________________ ?

(17) This document discloses the APR, and that ain’t no lie.
What is _____________________ ?

(18) The name on the drivers license was Tom Smith, but the Notary refused to notarize because his middle initial and middle finger were somewhere else.
What is __________________ ?

(19) The type of the Notary act must be recorded in the Journal. But, I swear this type of Notary act has no accompanying paperwork.
What is _______________ ?

(20) If black is the new green, this date in January is officially celebrated when St. Patty’s is not. Maybe this question is insensitive, but let’s make a Federal holiday, but not a Federal case out of it.
What is ____________ ?

(21) This type of Notary act can be used to get a university degree officially copied and notarized using a certified copy by document custodian form. It’s almost as easy as getting a fake college degree, or going to the University of Phoenix!
What is ________________?

(22) This type of Notary procedure is used to help elderly people who can’t sign their real name, or remember your name.
What is ___________________ ?

(23) This is a court appointed official that can sign over property when the owner refuses to cooperate in court. When your Quitclaim Deed quits, use one of these.
What is ___________________ ?

(24) This type of Notary seal leaves a raised impression, but not necessarily a good first impression in a piece of paper.
What is __________________ ?

(25) This type of witness is critical in assisting you if you are notarizing someone in jail who has no ID. Whereas your mother in law is just critical.
What is _____________ ?

(26) This section in an Acknowledgment form had a problem because an incorrect county was inscribed. Consequently, the Notary had to use a fresh Acknowledgment form and start all over again.
What is __________________ ?

(27) This action was committed when a signer swapped pages in a document that had already been notarized. The one time a guy chooses to be good at commitment.
What is _____________ ?

(28) This term describes the condition when a Notary will gain financially or in any other way from a document being signed.
What is _________________ ?

(29) This is a state of being where you fail to administer an Oath, omit a thumbprint (assuming you’re not a shop teacher), or forget to identify someone before notarizing them.
What is ________________ ?

(30) E&O insurance protects the Notary if they make an honest mistake during a notarization. But, doesn’t protect the Notary from being sued if they made a non-Notary error during the signing or if this other party made a mistake affecting the loan.
What is __________________________ ?

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You might also like:

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

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

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

.

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April 11, 2015

Point (17) The APR; Marcy Practices Explaining the APR

Marcy’s husband came into the room and said, “It sounds like a broken record in here, what are you doing?” Marcy, having grown up with CD’s couldn’t understand the analogy. Marcy informed him that she was practicing explaining the APR. But, that the definition was long and complicated, so she had to keep saying it over and over until it was natural. Then, tomorrow she planned to do the same thing. You get in practice, and you get out of practice just as easily, so Marcy decided to always be at the top of her game.

That night while they were sleeping, Marcy started talking in her sleep, “It doesn’t include closing costs… it is compounded annually.” If her husband hadn’t already been asleep, he wouldn’t fallen asleep from such a boring rant. Her husband was sleeping during this episode, but his subconscious heard everything and he started talking in his sleep saying, “Why can’t she just stay home and take care of Chuckie? snore…. snore… Chuckie…. snore…”

So, Marcy got to her next signing. They went through the documents. Then, she said, “Do you want me to tell you why your APR is higher than your Rate?” The borrower said, “Actually, our Lender already told us.” Marcy realized that her borrowers knew more than she did about loans. But, she didn’t regret practicing. It was one less thing to screw up on some future loan. At this point Marcy didn’t care how often she had to know something, she just didn’t want to screw up and lose her self-respect. It took about seven more signings until she had a borrower who was very confused. Marcy rattled off her definition of the APR and the borrower had to ask her to repeat it slowly. After a few tries the borrower kind of understood the inverse relationship of the equation and how some of the fees and closing costs were deducted. Marcy had memorized exactly which fees were included or excluded from the formula for calculating the APR and people were very impressed with her knowledge. A few asked her if she was an Escrow Agent.

Marcy was also smart by including a disclaimer in her speech stating that her explanation of the APR was a general one and wasn’t necessarily applicable to the borrower’s particular transaction in all ways.

The next thing you know the borrowers were asking Marcy for legal advice. Once again, Marcy played her cards correctly and told them that she was not an Attorney, and that she could not answer legal questions for them. Then, she suggested that they contact an Attorney. Another smart move. It looks like Marcy went from being clueless to being a very savvy and satisfied Notary in only a few weeks of hard knocks and studying. That night in her sleep, she went “z-z-z-z-z-z.”

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Point (17) The APR
The APR is one of the most frequently asked about loan terms that exists. Notaries and Mortgage Brokers almost always sound very poorly rehearsed when they explain this very basic concept. To avoid sounding unprofessional, try to memorize as much as you can about how the APR is calculated, and also try to rehearse a comprehensive definition of the APR so that you will appear knowledgeable to clients and to us when we test you!

Quick Facts

(1) The APR is documented on the Truth in Lending Disclosure.

(2) The APR is usually but not always higher than the Rate.

(3) Your definition for the APR should include the fact that it could include loan origination fees, closing costs, appraisal fees, inspection fees, points, escrow fees, notary fees, and other costs of the loan — those are some of the big ones.

(4) If you mention that the APR is often used to compare loans, you get points on the phone test.

(5) If you mention that the APR might be compounded, you get points.

(6) Several notaries have claimed that there is no government standard for computing the APR, it is up to each individual lender.

(7) You could also claim that the APR includes the interest rate, all fees and costs of the loan, and incorporates them all into a compounded Annual Percentage Rate.

(8) There are many ways to define the APR, the key is to mention all of the components in a clear and easy to understand way.

.

When we ask notaries about the APR, the answers we get are very inconclusive such as:

“It included the fees”
“It is the cost of the loan”
“It has the interest and fees”
“It is different from the Rate because it is annual”

How unprofessional. If you are a professional signer, you need a professional definition.

A Mortgage Company’s definition of the APR
The Annual Percentage Rate (APR) is an interest rate that is different from the note Rate. It is commonly used to compare loan programs from different lending companies. The Federal Truth in Lending law requires that mortgage companies disclose the APR when they advertise a rate.The APR does NOT change or affect your your monthly payments. Your monthly payments are a function of the interest rate as well as the length of the loan. We provide calculators to calculate your monthly payment as well as your APR.

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Jeremy’s official definition of the APR
The APR is the relationship between the payments and the amount borrowed, minus the fees expressed as a compounded annual rate. 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.

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Fees included in computing the APR:
Points (discount and origination points)
Pre-paid interest
Loan processing fees
Underwriting fees
Document preparation fees
PMI – Private Mortgage Insurance
Appraisal Fees
Credit Reporting Fees

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Fees not normally included when computing the APR
Title or Abstract Fees
Escrow Fees
Notary Fees
Home Inspection Fees
Transfer Taxes
Recording Fees

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Although my delightful sounding definition of the APR sounds very professional, there is no reason why you shouldn’t come up with your own, and practice it until you sound perfect. One objection that I have is that Notaries sound unrehearsed when talking about the APR even if they have signed 10,000 loans. If you are a professional, then sound professional!

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You might also like:

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

30 Point Course (18-24) Technical Points
http://blog.123notary.com/?p=14492

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

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April 5, 2015

Point (16) Initialing; Lost in a cornfield

Filed under: Loan Signing 101 — Tags: — admin @ 11:25 pm

Marcy had been to the county fair recently. She really got to thinking as she was lost in the corn maze. But, then it all started to pop. It took her ninety minutes to get out of that maze. All of the routes seemed the same, with twists and turns, but only one would get her out of that maze. It reminded her of her career. One thing that Marcy learned, is that the maze had several signs in various locations that showed the routes. She just wasn’t reading the signs carefully enough. There was one intersection with five paths, and she kept taking the wrong one since they all looked almost identical. Where’s your GPS when you need it? She took each path one by one until she got the right one. Corn mazes are confusing like that. As she munched on some grilled corn at the fair after her ordeal, she was even more determined than ever before to be the perfect Notary. And besides, she would have to face her neighbor Patricia who didn’t tolerate failure (or bad corn)!

At Marcy’s next signing, she noticed that the name of the signer was printed incorrectly on the signature line of one of the documents. Marcy had them initial next to their signature. The next day she got a call from the Processor. The Loan Processor was upset that the initials were to the right of the signature which got in their way of doing the changes. Never had Marcy heard of someone other than her cat being so picky. After all, she did her job correctly, she had the borrower initial and sign the correct way. What more can you ask for? Furthermore, they didn’t do any forbidden cross-outs. Marcy felt her work was perfect. The Processor wanted the initials below the typed name under the last several letters of the last name. This is how 123notary teaches initialing incorrectly printed names by the way. Marcy said that she would do it that way from then on. Marcy went on to tell Patricia what had happened and Patricia said, “If it isn’t one thing, it’s another — but, keep this up. You’re really getting somewhere now! And remember, a cornfield of 10,000 acres isn’t planted in a day.”

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Point 16 — Initialing
Most Notaries don’t understand initialing. At least they don’t initially. Although there are no formal rules, here are some guidelines.

The initials should cover all parts of the person’s name being signed.

Theodore T Tidmore would initial TTT
Nancy Nissenbaum would initial NN
Thomas T Carl Edison would initial TTCE

But, what if it gets complicated?

Thomas Smith, Sr. would initial TS Sr.
Thomas Jones, III would initial TJ III
Thomas DeLuna is a little more complicated. I choose TD since the last part of the name is connected.

But,

Thomas De La Cruz De Philippe Rodriguez Ramirez Gomez would initial TDLC DPRRG — oh my God.

Where do initials go?
Where do initials go, assuming they are not on a tree representing a relationship soon to be DOA? On loan document signings, it is common for borrowers to initial all pages of the Deed of Trust, sometimes the Note, often the Universal Residential Loan Application (The 1003), and sometimes other multi-page documents. There is normally a one centimeter line in the lower corner of the page where the initials are intended. But, keep your eyes open, because the special line for initials might not be where you expect it to be.

Initialing changes
Many notaries do not understand the name changing procedure. It is really up to the processor to do name changes. However, the notary must at a minimum have the borrower initial any changes. My best client during my loan signing days was a processor which is how I know the ideal procedure for name changing. It is easier than you might think.

Have the borrower initial to the right below the last several letters of the typed name.
Have the borrower sign the correct way where they are supposed to sign.
Inform the lender in writing and by phone that the name is changed to whatever it is changed to.
There is no need to cross-out. Cross-outs cause a mess. there is also no need to write in the correct name. The processor can do that.

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You might also like:

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

30 Point Course (17) The APR
http://blog.123notary.com/?p=14483

Can you notarize initials?
http://blog.123notary.com/?p=8269

Read about initialing in our industry standards blog entry
http://blog.123notary.com/?p=4370

Signing Agent Best Practices 63 Points
http://blog.123notary.com/?p=4315

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March 29, 2015

Point (14) Explain or Don’t Explain? Marcy Hires a Babysitter

Poor Marcy needed a babysitter. She called one of her regulars named Amy. Amy was a nice girl from the neighborhood. Marcy’s husband was getting on her case about spending too much money on babysitters.

HUSBAND: Why are you running all around town chasing notary jobs when you should be watching our kid?

MARCY: I’m trying to create a career so we’ll have a better future.

HUSBAND: Our future’s just fine. You just stay here, and we’ll make it. We made it so far.

MARCY: I’m tired of just sitting around the house. I’ve done a few dozen signings, and I’m getting the hang of it. There’s money in this!

HUSBAND: Okay, but I don’t like it. I have to work late and our baby will be all alone with a complete stranger!

MARCY: Oh, It’ll be okay.

HUSBAND: I hope you are making more than $20, because that’s what the babysitter is charging us.

MARCY: If I get paid I will.

HUSBAND: IF you get paid? What kind of business is this? I’m putting my foot down! I bet Patricia down the street talked you into this.

MARCY: I already have the appointment and Amy is coming over.

AMY: Hi, I’m here. But, one small thing.

MARCY: Anything.

AMY: I need to have someone come over while you’re gone. Only for a minute. Will that be okay?

MARCY: Well sure. But, who is it?

AMY: It’s for business. It’s not a friend.

MARCY: What kind of business? And at your age? Business?

AMY: Hmmm. To explain or not to explain. I would feel more comfortable not talking about it.

MARCY: Well, if you are having someone come to my house while I’m not here, I need to know who it is.

AMY: Well, it is sort of a guy who helps with paperwork. He stamps stuff…

MARCY: Is he a Notary?

AMY: Oh my God! How did you know?

MARCY: I’m also a Notary, and I’m going out to an assignment right now. I can notarize you for free when I come back.

AMY: Well, it’s kind of private. I’m not sure I want you to see the paperwork.

MARCY: Private? How private are we talking? Something you don’t want your mom to know?

AMY: If she finds out, I’m grounded for life.

MARCY: So, you’re in trouble? And you’re babysitting my kid? What kind of trouble?

AMY: Oh, it won’t affect you. It’s just for a test.

MARCY: Test? Are you on drugs? Or… Oh no.

AMY: I missed my period last month.

MARCY: Oh. I understand. You teenagers need to be more careful. Boys aren’t a game. You can ruin your entire life in an instant!

AMY: I know that now.

MARCY: Okay, you can have whomever you want notarize you, but no boys coming over here tonight or any night. Got it?

AMY: I understand. I’m glad I explained it to you.

MARCY: If you can’t explain, you have nobody to help you. But, if I can’t explain something. I just call the Lender!

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Point (14) When to explain and when not to explain

The points in this section are not too much different from point 13. But, we will go into more detail here. The main point is that general questions about loan documents are for the Notary to explain if your state laws allow for that. Specific questions about the loan require you to call the Lender or Title company.

What should the Notary do under these situations?

(1) Where is my prepayment penalty explained?
Show the borrower the correct page where the information is located.

(2) Why is my prepayment penalty so unfair?
Call the Lender or refer the borrower to the Lender.

(3) What is my loan amount?
Refer the borrower to a document that has this information.

(4) I thought my loan amount was $365,000 and now it is $390,000 with fees. I had no idea it would be so high.
Show them the HUD, and then perhaps call the Lender.

(5) I am supposed to sign my name as Theo T Tango, but my ID only says T Tango, what do I do?
Unfortunately, the Lender can’t help with Notary law issues as they will most likely encourage you to break the law in order to get the loan signed. Try to find a legal way to get the loan signed. Call the Lender if you want to know about using the Signature Affidavit though.

(6) Where is my APR?
Show them the Truth in Lending Disclosure

(7) I was told my APR would be 4.6%, but it is 4.7%
Call the Lender

(8) The signer wants to introduce you to their girlfriend
Politely say hi

(9) The signer wants their girlfriend to join you at the signing — naked
Call the Lender!!!

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

30 Point Course (15) The Prepayment Penalty
http://blog.123notary.com/?p=14447

Loan signing process & Pitfalls: explain the documents, not the loan
http://blog.123notary.com/?p=2780

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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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