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July 25, 2016

You want to get paid well as a Notary, but do you merit a good rate?

Most Notaries are complaining about how poorly they get paid and all of the headaches like fax backs, micromanagement, and hassles they have to put up with. The reason for the micromanaging and fax backs is that someone could lose their loan and their lock if there is a mistake. Notaries make mistakes more than they care to admit, especially the new ones. So, signing companies are forced to check up on Notaries. But, you’re not like those other Notaries, right? Prove it!

Most Notaries do not want to pass the 123notary certification test. They passed the NNA certification test or some other tests, but don’t want to take the trouble to pass ours. When I ask them questions over the phone, they typically try to pass themselves off as knowing it all and then fail my test miserably. For such a large group of people to be anti-knowledge is really bad. You are a professional, it behooves you to study up and know your technical data inside out. Know your Notary procedures inside out. Know your signing agent knowledge inside out. Not just some of it — all of it.

If you have signed a few thousand loans, have good connections, and are certified by several agencies, you are beginning to merit good pay. Those who are 123notary elite certified average $116 per signing which is a lot more than those who are not. Many beginners average $80 per signing, or at least that is my guestimate.

You can learn more about being a good Notary by reading the technical articles in our blog and in NNA’s blog. You can study up on your state’s handbook. There is a lot you can do to become a better Notary. Getting reviews on your listing and polishing up your notes section help your image as well. If you want to get paid well — merit the good pay and it will come.

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You might also like:

What are mobile notary fees
http://blog.123notary.com/?p=21383

Why are the fees offered so low you ask?
http://blog.123notary.com/?p=22293

Compilation of certification posts
http://blog.123notary.com/?p=16264

How to write a notes section if you are a beginner
http://blog.123notary.com/?p=16698

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July 13, 2016

Are you a Yes-tary or No-tary?

It was a month or so ago. I was asking Notaries Notary questions about what you can and cannot do. Unfortunately, Notaries often don’t take Notary rules seriously or have just never been adequately trained. The “more, but not less rule” is no good unless you understand which direction the rule runs. The ID can have more than the document, but 40% of Notaries think that it is okay if the name to be notarized on the document has more meat on it than the name on the identification. Good God! My point here, is that the whole point of having a Notary is to verify people’s identity who signed documents. The Notary profession helps to deter and prevent fraud as a result. But, if Notaries do whatever, and don’t follow state rules, then the purpose of having a Notary is defeated or undermined.

To put it shortly, the entire point of a Notary is to say No. If you feel uncomfortable or awkward saying No, then you should not become a Notary. In many Middle-Eastern and Asian cultures it is considered bad manners to say no, so they say, maybe, or later, or perhaps next time, or make up some excuse for not saying yes. Since they can’t outright say no, they beat around the bush. But, as a Notary, you might be facilitating fraud by not saying no. So, get used to saying no. Stand in front of the mirror and say, “No…. NO…. NO!!!!” Do it the way Joey from Friends practices saying, “How you doin’?” in front of the mirror dozens of times mastering his facial expression and verbal inflections. Take pride in saying no. However, for those Notaries that don’t like saying no, worry not! There is a solution. Become a Yes-tary.

But, what do Yes-taries do? Yestaries say yes to illegal requests. Unfortunately they cannot be commissioned and don’t have a stamp. But, maybe they should have an unofficial Yestary Public stamp just to make their job more comedically offiicial. What would be the duties of a Yestary? If someone wants to be Notarized as Mickey Mouse but lacks sufficient ID, you say, YES. If someone claims to be Kim Jong Un and looks Korean enough to you, say yes and stamp his document. If a Taiwanese client wants you to stamp a loose piece of paper because their government requires such a Yestary act, you can do it as a Yestary, but not as a Notary. Because a Notary’s job is to say No!

But, what if they won’t pay your travel fee if you say no? It is actually illegal in many states for a Notary to notarize a document in which they have a beneficial or financial interest. I feel that if the Notary will not get paid a travel fee if they refuse to notarize, then they now do have a beneficial interest of a sort and would be willing to break the law so they would get paid. Get your travel fee up front before you see the signers or the documents or the identifications. That way if a signer isn’t there, or if the name on the ID is not matching, or some other problem, you can forfeit your Notary fee, but still get paid for your trip. Remember, your job is not to please the client, but to uphold the law even if that means hurting someone’s feelings by saying no. Hurting someone’s feelings is better than going to court as a result of facilitating fraud or having your commission revoked!

One last note, it has been reported that some Yestaries have gotten a rare intestinal disease from saying yes too much to illegal requests. Some call it an illness, I call it karmic retrobution. The disease is called “yesentery” and comes from ingesting unclean Notary requests. If you get this disease, just consult your doctor and take some prescribed antibiotics. Good luck!

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You might also like:

Seven error free ways to identify a signer
http://blog.123notary.com/?p=15288

ID: a growing problem
http://blog.123notary.com/?p=15074

Credible witnesses: The process explained
http://blog.123notary.com/?p=16695

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July 12, 2016

Subscribing Witnesses Explained

There are TWO types of subscribing witnesses.

1. The person who appears before a Notary on behalf of someone being notarized with a Proof of Execution is called a subscribing witness or executing witness. The actual signer cannot appear before a Notary Public, so a witness is used to sign on the principal’s behalf and swear. The basic idea is that the subscribing witness witnessed the principal sign the document.

2. A person who witnesses a disabled person who is signing by X in a document is also called a subscribing witness.

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As a Notary Public, you may come into a situation where the signer is not able to sign. Most Notaries are not trained in how to handle such situations. If you do hospital notarizations you will deal with this situation a lot. Some signers cannot move their arms properly. Others cannot sign their name. If you can get them to sign an X in your journal and an X in the signature section of the document with two subscribing witnesses watching. You are in luck.

You need to have the subscribing witnesses sign your journal and input their drivers license info as well. Additionally, the subscribing witnesses sign the first and last name of the signer on the document which sounds like forgery, but many states allow this. Check your state notary handbook to see if this procedure is legal in your state.

Signature by X from A to Z
http://blog.123notary.com/?p=203

Subscribing Witness Glossary Definition
http://www.123notary.com/glossary/?subscribing-witness

What is Signature by X or Signature by Mark
http://blog.123notary.com/?p=2278

Types of witnesses in the notary profession
http://blog.123notary.com/?p=5664

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July 9, 2016

Global Notary

Many Notaries have done jobs for Global Notary. But, what are they saying?
http://www.123notary.com/forum/topic.asp?TOPIC_ID=2517

lsaversl
“Just got a call from Global Notary-print 2 sets (150 each), drive 50 miles round trip, fax back 150 docks, for a whopping $30.00-I was about to tell them (are you insane), but just said I was very booked up.”

Minnesota7
“I completed some 15 closings up here in northern Minnesota for Global because they had no choice but to pay my travel fees. Only 2 or 3 travel where we go. In town I refused their starting fee $40. I would burst out laughing. My problem was they would call and ask if I was going to be on time, every closing. The last two they actually called the borrowers to see if I was there. Some snot nose brat called me from global and said don’t take it personal, they do that to all notaries. I asked for the home phone number to the Owner of Global so I could call him or her every morning at 4am and ask them if they were going to be on time for work that day. Now I have received 3 different 1099’s from them. They need professional help. I got along ok with one scheduler but I told him to see to it that they take me out of their system and don’t ever call again. Plenty of good companies still out there. MN7”

Joelbenedict
“I made an error in the date of the borrower certification. I then scanned 201 docs back without catching my error. Global Notary sent me an email giving approval to drop the docs. I called the next day to confirm that I had approval. I dropped the docs. Four days later, Global Notary contacts me to notify me that there was an error in the borrower certification and that Old Republic (the title company) had rejected it. I completed an acknowledgement, scanned it back to Global Notary, cc’d Old Republic. Two days later, Old Republic approved the acknowledgment and Global Notary told me to overnight the acknowledgment at my own expense or for a $20 reduction in my fee. I didn’t have my notary stamp or the document at home–this was six days after the signing. I printed another copy of the acknowledgment, filled it out by hand, and faxed it to Global Notary. I paid for the label online through USPS’ website. It cost $18.11 to Express mail it flat rate. 10-24 minutes later, Global Notary called me to tell me that Old Republic likely wouldn’t approve the handwritten copy. I griped to corrections about their not catching the mistake in either of the two approvals and expecting me to take the expense hit.

Their response was that they do what they can. I couldn’t get them to budge on any kind of action to prevent it from happening again, or even that they had made a mistake in not catching my mistake. The day after, Global Notary contacted me to tell me I’d have to ship the acknowledgment that was approved on day four because Old Republic had rejected it. I went over Global Notary’s heads and called Old Republic; I told Old Republic Title the same thing I’d told Global Notary, that Kentucky doesn’t require notary stamps, our signature and serial numbers are considered our seal; Old Republic said that the lender had rejected it. I had the approved acknowledgment with me this time; I paid for the shipping and put it in a box (a non-USPS flat-rate regular cardboard box). It cost $16.99. Now I’ve got to wait and see if there’s any more noise with this signing. I took it for $85, printed out 422 pages of docs, drove 26 miles total, have put at least 11 hours into this signing, and took a $35.10 hit in expenses. This is probably my sixth signing with Global Notary, but this one has been a poor experience. The other signings I got for $60-70.”

M.Quednau
“Never leave your fax machine unattended before it is finished. Just because a borrower “thinks” he knows what he is doing you ALWAYS check for errors. Always ask about fax backs before you agree on a price taking that into consideration before you agree to do the signing. Sounds like you should have been more proactive in checking for mistakes and making sure the fax went through and if the fax didn’t go through wait till you come back after the holiday (since it was only one day) and tried again to fax. Global pays on a timely basis. If I were you I would rethink working for them again if they were willing to pay your price. I think all the calls are because one hand doesn’t know what the other is doing. None the less it is very annoying. ”

NotaryMark
“I am aware that Global Notary Inc are low ballers, however their tactics and fees have finally become preposterous.

Yesterday I was called for a Mortgage signing, i verified it was a normal signing on the phone, then verified there was about a twenty page fax back, ok I said for $75. Yes thats low but it was close to where I live and a quick return.

HOWEVER…on documents arrival I find that the fax back is nearly fifty pages and this is a refinance where the total pages of documents are 187! So that would be X2 prints 374pgs and a fax back!!

Unfortunately I had to cancel this appointment because of a family crisis, sudden and unexpected”

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You might also like:

The 90 days no payment list of signing companies
http://blog.123notary.com/?p=15887

The met my fee list of signing companies
http://blog.123notary.com/?p=16979

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June 19, 2016

Ken’s tips for the Closing Disclosure

Timing Changes to the Closing Process
Well, it’s bye bye time for the good old TIL and HUD. No longer will notaries be waiting for approval of the “final HUD”. Hooray. Borrowers will usually have the new Closing Statement 6 days prior to notary arrival! Less chance for a surprise at the table.
The changes to loan and closing procedures are far more than a few new documents. The biggest changes are to the closing time-lines.

Documents
The HUD-1 and Truth in Lending forms will be replaced by a new “Closing Disclosure.”

Terminology
You will need to learn a new vocabulary. Some common terms are:
TRID = TILA/RESPA Integrated Disclosure
CD = Closing Disclosure
Consummation = Closing
CFPB = Consumer Finance Protection Bureau

Time Frames
New timing and delivery requirements will change the way we handle closings. This is the BIG news for the 123notary.com gang! There is new stuff to consider about timing:
The final Closing Disclosure must be delivered and received no later than 3 business days prior to closing.

If the lender sends the final documents 6 business days prior to closing, they don’t need to prove the buyer(s) receipt.

Most lenders will mail the closing disclosure 6 business days before closing. This pushes back the time frames for closing and makes it harder, if not impossible to address late breaking changes or issues in the days leading up to closing.
Fewer last minute notary requests: Lenders will have less time to get loans approved and the parties will have much more difficulty making last minute changes and adjustments.

You might also like:

The Closing Disclosure
http://blog.123notary.com/?p=16217

The 4506, Name Affidavit, Deeds, and more documents explained
http://blog.123notary.com/?cat=2074

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

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

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June 18, 2016

National Preferred Notary

Here is what Notaries are saying about this outfit.
http://www.123notary.com/forum/topic.asp?TOPIC_ID=6118

lcox60
“Well it is 2016 now and not much has changed. I did a closing for you on December 30,2015 and today is March 14, 2016 and I have still not received payment. I sent an email to Harley Owens, the scheduler on February 22nd, she replied that she was forwarding to accounting, I called accounting on March 4th and left a voicemail, still no reply, I called today and spoke to scheduling department and the woman I spoke with, (I did not get a name) said my name was on the list to be paid and they were waiting no accounting or owner to come in to find out when this could be resolved. Very unprofessional, I will not be accepting any other jobs from you and I live in an area where I network with the other signing agents in the area, I have already sent an email to them warning them. I happen to know you recently got a new account for Vanderbilt Closings, I used to get their jobs from DocPros, I was in the local Clayton office today to do a cash closing for them and informed the manager that I have not been able to get paid from you for a December closing, she was going to notify corporate. This is not the way to do business. My next action will be to contact my attorney.”

esnotary
“Finally received my check on December 14. Check was dated 12/10/15. So much for their payment policy!”

esnotary
“Update: I ended up sending them an email letting them know that I would contact Escrow regarding payment if I didn’t hear back from them. Well, I contacted Escrow and they sent and email asking whether or not I had been paid (Escrow showed they deposited the check October 31). They replied that payment had been sent. Escrow asked when and where the payment had been sent and they never responded to her! NEVER AGAIN!”

esnotary
“I did a closing for them on 10/15/15. I asked about their payment policy. Their policy states that closings performed between the 1-15th of the month are paid on the 30th. Signings between the 16-30th are paid on the 15th of the subsequent month. Well, it’s now December 5th and still no check. I have sent emails with no response. I finally called and Harley said that a whole bunch of checks went out in the past week but she would have to research to see if mine was in there. Then they call me to do another loan this weekend! Sunday Morning! I said that I haven’t even been paid for my October closing. As I am friends with the borrowers I actually took this closing, but oh boy I hope I’m not playing the fool!”

28205bj
“I finally received a check on 11/13/14. This is not the way I run my business. When I do a closing I expect to be paid in a timely manner.”

coordinator
“I have contacted you via email and phone numerous times regarding my payment of the above signing. It’s been over 45 days closing on 60 and that is unacceptable.

If someone would have contacted me this would have been much easier to handle but after seeing your “reputation” on 123 Notary I find I have no further reason to continue to wait.

I am expecting a call tomorrow at my number 209-256-2576 to explain that the check for the above signing will be placed in the mail later that day and I expect to receive it by Friday, November 14, 2014.

If I do not receive it by then I will be contacting other forums for notaries to be aware of accepting your signing appointments, I already have the BBB on favorites for your part of the state of California, and I have your Certified Notary Signing company name pulled up from the SOS to lodge additional complaints.

I have also pulled the information for Primary Title Services LLC Attn Vicky J Santamaria off the Skokie IL office to make them aware that that they are dealing with an exceptionally unprofessional company – to say the least. And recommend using a different signing service as to make sure their name, once they are made fully aware of the ongoings – does not become an accessory.

Upon Monday, November 17,2014, if I didn’t receive the check (or it’s short) I will also be contacting my attorney with added penalties and interest added to the amount due – gotta love Legal Shield!”

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You might also like:

90 days no payment list of signing companies
http://blog.123notary.com/?p=15887

The “They met my fee” list of signing companies
http://blog.123notary.com/?p=16979

Read the current gossip about signing companies
http://blog.123notary.com/?tag=gossip

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June 11, 2016

Signing Trac

Here is what Notaries are saying about this outfit
http://www.123notary.com/forum/topic.asp?TOPIC_ID=5761

36768
“I just did a simple loan mod agreement for them at the end of Feb. 15 min appointment tops and I submitted my request for payment on 3/1/2016 and they paid me just now via Deluxe Online checks. 3/7/2016 so they paid within 1 week of billing. They only allow you to submit your invoices at the beginning of the following month. Example. All jobs done in Feb can be submitted on Mar 1st and so on. No troubles here so far.”

dawnrin
“I’ve been doing little signings for them lately. They’ve all been HELOC appts. The docs are at the borrower’s house and I’m in and out in about 20 minutes. They pay $50 for the signing as no printing nor faxbacks are necessary. Plus, they don’t send you further than about 10 miles for this fee. You bill them monthly now. I emailed them my Nov. invoice on Dec. 1st and was sent a Deluxe e-check the very next day! I don’t know what changed, but it seems to be working for now.”

peanut20
“I just did a signing for them and I was paid within 1 week, they are now paying through the deluxe check payment system, I was actually a bit amazed how quick they were.”

dhelmic2
“I have done several signing for them and can’t remember why I keep taking them. I get paid, but have to wait way too long for payment.”

Florida Girl (7-02-14)
“I have completed two signings for them recently.
1st was on Friday 4/18/14 and I have not been paid for it yet.
2nd and I am not sure why I accepted that without being paid for the first was on 6/21/14”

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You might also like:

Global Notary
http://blog.123notary.com/?tag=global-notary

National Loan Closers
http://blog.123notary.com/?tag=national-loan-closers

The 90 days no payment list of signing companies
http://blog.123notary.com/?p=15887

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May 24, 2016

Disgusting – Nobody wanted the Notary Job

Disgusting – Nobody wanted the Notary Job
I write this with a combination of sadness and rage. First, let me clear up the use of the word disgusting. That refers to the “so called” “Notaries” who flat out refused the assignment that will be the topic of this entry. I hope some of them will read this blog entry and, perhaps, change their ways.

The call was from a distant location, one that would require double my local fee. Initially, prior to learning the details, I informed the caller about 123notary and Notary Rotary. I suggested they search using their zip code to find a closer agent who could process their job more efficiently and at a lower fee. About an hour later they call back to report that none of the “Notaries” they contacted would accept the assignment. Intrigued, I asked why.

The job entailed 4 one page documents, and a 12 page document. All were to be notarized. So far, routine. However the affiant was both blind and partially disabled. The affiant had already had the documents read aloud, and was totally able to understand the contents. They related to investments. Not wanting to work for someone who has perfect ID and is rational (actually highly intelligent) is, IMHO a notary sin. The MINOR limitations could be accommodated and the notarizations could proceed quite legally.

I established some “ground rules” to protect the affiant. While I was in route to the location the documents were to be read aloud – slowly. Every word. I was informed he could sign if the arm was supported – the affiant was able to use his hand to sign. Each document contained a statement by the “reader” as to reading the complete text aloud. I required that this take place prior to my arrival, and again in my presence. That process added an hour, of course at no additional charge. The appointment was confirmed and I began the lengthy journey.

I met a person who awed me. Not being the least bit negative as to physical condition. Cheerful, bright and witty were the initial impressions. Only later did I learn the depth of intelligence. My client was an investing genius. What Stephen Hawking is to science, my client was to investing. I felt an inner glow when my client told me that my fee for travel was fair; and it was understood that the extra time the procedure took was not part of the fee. How kind it was to hear that spoken.

I was told that the documents were already completely understood; and that my insistence at being present for an additional reading was both appreciated and unnecessary. I’m passably intelligent, but I know enough to appreciate the vastly superior intellect before me. With the formalities completed, double and triple checked; we chatted a few minutes. We discussed the notary function, and I was able to cover some of the regulations and procedures mandated by NY State law. The conversation turned to investing and market trends related to the upcoming (2016) elections. I learned a lot.

To the heartless, self centered, poor excuse for a “Notary” who dismissed this assignment; I say “shame on you”. Not only did you miss an EASY job, but you also missed some very useful investing advice that is sure to yield me profits far greater than a mobile notary fee. Back to that fee. I did consider charging my local rate. But, that would be treating this client “differently”, and bringing up the subject might be viewed a pity; something neither needed nor appropriate.

Some might consider my client “handicapped” or think (to themselves) “there but for the grace of God go I”. I prefer to think it’s a routine assignment, costly due to distance, lengthy because we are all different; and important because we are all human.

You might also like:

The joy of saying no
http://blog.123notary.com/?p=10189

Protecting yourself with a contract
http://blog.123notary.com/?p=2593

Minimum wage for notaries
http://blog.123notary.com/?s=minimum+wage

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April 26, 2016

The Signature Name Affidavit

The Signature/Name Affidavit
It is most likely that you are not processing this simple form properly. First, the good news; of all the forms in various loan packages this one is probably one of the most uniform. There really is little variation in how this form is structured. I will get to where most “go wrong”; but first a bit about the purpose and structure of the SNA.

The package comes from many sources. There are bank docs, title docs, escrow docs and perhaps some from other sources. It’s a virtual certainty that the borrower name will have some slight variation on documents. Of course the key name is the one on the ID and that is the name that you will notarize; we all know that. But, how about the name variations present in the package? This form is used to state, under oath, that the affiant is “also” known as. It’s a one way form. It can only be used to add variations to the notarized name as proven. It cannot be used to “prove”, for notarization purposes a name that does not match the ID presented.

The first entry is the legal name, which I define as what is on the ID. Thus, if the middle name is on that line it must be on the ID. If, for example the middle name is NOT on the ID, it should be redacted from the top line (proven name only) and that name “demoted” to an “also known as” line in the second area. Yes, the 3 part name is their legal name, BUT – as it was not proven to me I cannot notarize it. If the ID has only the middle initial, that is the “first line” entry. They can “acquire” the middle name in full as an “also known as” in a subsequent entry.

All subsequent entries (AKAs) should include variations, including but not limited to maiden names. The most common variations are the inclusion and omission of middle initials. One approach to completing the form is to keep it on the table while processing other documents. Add to the AKA section each name variation as noticed. Ask the borrower to print and sign the AKA in parallel to processing the bulk of the package. The printed name on the left will have the variation; usually the “matching” signature on the right will be the same for each entry.

The SNA can be used in court, along with a handwriting expert; to determine a signature is authentic on a document. As the signatures were witnessed by a notary, they can be accepted as valid when comparing to a different document. For this reason it’s a good practice to N/A any unused AKA lines; so subsequent names / signatures cannot be added; do you do that?

At the start of this entry I said you probably are not processing this properly, now to prove that statement. After the AKAs there is usually a statement “and that (usually filled in with the preprinted AKA(s)) are one and the same person”. However, you probably added one or more names to the AKA entries, and had the borrower sign on the right. What you might be overlooking is the need to ALSO put the added AKAs to the statement at the bottom! Take a look at an AKA form; there is a reason that they left plenty of room. That section is often overlooked!

It’s a signing, not a closing for most of us. We are there to collect signatures and initials. It’s rare for ALL the docs to have precisely the same name; rarer still for that name to be exactly what is on the presented ID. Proper completion of the SNA is mandatory, and avoiding a redraw will mark you as both a hero and a skilled professional. But don’t go overboard; adding your own SNA is probably not a good idea. If you need one and it was not supplied, call for “what to do”!

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You might also like:

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

A comprehensive guide to Deeds
http://blog.123notary.com/?p=16285

The Signature Affidavit – what it is and its purpose!
http://blog.123notary.com/?p=22541

What defines what a signature is?
http://blog.123notary.com/?p=22173

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

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April 19, 2016

Good Deed Bad Deed

A deed is a document that transfers ownership of real estate from grantor to grantee. As there are usually two parties involved, the grantee wants to “receive the most” and the grantor wants to “give the least”. For this reason there is a gradient of “what is given”, ranging from virtually nothing being assured, to virtually absolute assurance going to the grantee.

Quit Claim Deed – used to transfer whatever ownership the grantor may have, possibly none whatsoever due to a title flaw. Grantee has no recourse. It’s also used to change vesting errors when a spelling error is in the vesting. It makes no warranty whatsoever.

Fiduciary Deed – issued by an agent (trustee, guardian, executor) acting in official capacity. Only the authority of the agent is warranted, think Quit Claim by other than “owner”. Often used by estates, trusts, sheriffs sales.

Bargain and Sale Deed – similar to Quit Claim, but the property is being sold rather than just relinquished. It does not guarantee that sellers’ ownership of the property is free and clear. Often used to transfer court seized property where the title chain is uncertain.

Trust Deed / Deed of Trust – used to secure a mortgage or note. It gives the trustee (typically the bank) the right to sell the property if the borrower defaults.

Grant Deed – provides assurance that the grantor owns the property and has not previously sold the property. And that there are no liens or encumbrances (made by the grantor) unless disclosed in the deed. Essentially saying the property is free of debt (of or by the grantor).

Special/Limited Warranty Deed – the grantor warrants clear title except for issues that existed prior to the grantor taking possession or are mentioned in the deed. Essentially the grantor is giving assurance that they did nothing to hinder clear title transfer. But, issues typically unknown to seller regarding title are not covered. Usually title insurance is required with the S/L WD to obtain bank approval for loans.

General Warranty Deed – Grantor conveys, without limitation, all of their right, title and interest to the property. Guaranteeing they are the rightful owner, property is free and clear of all encumbrances and debt (unless mentioned in deed). A key provision is that the grantor warrants the entire title chain, including issues prior to their taking possession to be clear, similar to title insurance. Grantor warrants having current title and possession.

Thus at one end of the spectrum is the quit claim deed, essentially saying “if it’s mine, it’s yours”; to the general warranty deed. With the GWD giving assurances as to clear ownership and the “Covenant of Quiet Enjoyment”. The COQE assuring the grantee will not be disturbed or dispossessed by a party having a lien or superior title. As is so often the case with legal documents, the devil is in the details. Fortunately, the title of the deed can quickly eliminate formats that are undesired. However, deeds are usually associated with purchases involving large sums of money, often the largest single purchase in a person’s lifetime. Many review the HUD, TIL, Note and Mortgage very carefully. But, they assume “a deed is a deed”. It’s best to have a skilled real estate attorney explain the deed prior to signing this important document.

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You might also like:

The Closing Disclosure
http://blog.123notary.com/?tag=closing-disclosure

The Signature Affidavit
http://blog.123notary.com/?tag=signature-affidavit

The Compliance Agreement
http://blog.123notary.com/?tag=compliance-agreement

Our string on Power of Attorney posts
http://blog.123notary.com/?tag=power-of-attorney

The Deed of Trust
http://blog.123notary.com/?tag=deed-of-trust

Affidavits — in general
http://blog.123notary.com/?tag=affidavit

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

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