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March 8, 2015

Point (10) Signature Affidavit; Marcy Cancels the Signing

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.

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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.

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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

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March 4, 2015

Deceptive Fax Backs: The good ole’ bait and switch tactic

These days notaries are complaining about many things. There is the good old, “They never paid me.” Then there are those who got paid late. Cattle Calls with low-ball offers via email or text are a new source of notary exasperation. But, deceptive fax backs are another source of annoyance and grief.

Did I forget to mention the fax backs?
Notaries have been complaining about fax backs for a long time now. But, the types of issues I have been hearing about have been getting worse. It is common for companies to simply not mention fax backs, or to lie and claim that there are no fax backs. Then, later on, the notary will read the instructions and see that 50 pages of fax backs are required. What should a notary do at this point? Should they demand more money? Even if the signing company agrees, the notary will not likely get the extra cash. Should the notary just cancel the job knowing that they will never get paid for their extra 30 minutes of work? In my opinion, the way you handle this type of situation should be contingent on one fact — do you want to ever work for this company again? If yes, press 1 and do whatever they tell you to. If it is just not worth it in the long run due to bad past experiences, or it is below your well thought out standards then press 2 and tell them to forget about it because they did a bait and switch.

20 pages of fax backs will be necessary!
When negotiating fees, notaries want to know how many pages of documents will be in the package, and how many fax backs. It is typical for a notary to be promised a package of “about” 100 pages with 20 pages of fax backs. When they get the actual package it is 178 pages with 50 pages of fax backs. This happens more than you might think. The key to dealing with this is to have a policy that is well thought out that you create beforehand for how to deal with these types of situations.

If you are flexible, you will just do whatever the companies ask and deal with it.
If you have a lot of other things to do and time is tight, you can have your rate be based on a particular size of package, and then charge an additional rate for each additional page and each additional fax back. If the company signs a contract with you regarding your additional fees (which they will not likely do) then you are in business. However, many companies won’t pay your additional fees after the fact, so incorporate that sad fact into your policy.

Sample Fee Structure for notaries with 1000-3000 loans signed
Signings: $100 (eDocs not included)
eDocuments: $20 for first 100 pages per set; 12 cents for each additional page per set.
If the package is 200 pages, you charge them $32. And refused to work for them again until they pay this.
Fax Backs: $5 for first five, 50 cents for each additional.

Beginners Sample Fee Structure
Signings: $60
eDocuments: $15 for up to 200 pages per set
Fax Backs: Up to 25 included, additionals are 40 cents a page.
Beginners should price themselves low to get at least 500 signings worth of experience, and then consider raising their rates by $5-$10 if the market will tolerate that.

In real life, fax backs are mostly for complete beginners. And for them, I recommend that they just do it without complaining. Signing companies have no other way to ensure that the package was signed correctly. There are many notaries out there who don’t know what they are doing, and they have no way to know that you are the one notary who really does know what they are doing without fax backs, otherwise a half million dollar loan could be ruined which is not worth their risk.

Don’t work for them if they don’t pay the incidentals
If a company won’t pay for incidentals on extras that they didn’t tell you about up front, then don’t work for them again. If you lose too many customers, it is time to increase the number of pages and fax-backs that you will accept for your base fee. There is no right or wrong in rate structures. It is about charging what the market will bear, and not trying to charge based on what you think is fair.

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You might also like:

Signing Companies that require lots of fax backs
http://blog.123notary.com/?p=13088

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March 3, 2015

I was Forged

Filed under: Ken Edelstein — Tags: , , — admin @ 8:12 am

I was Forged
I receive an email, supposedly from Germany. I was asked to verify that I did the notarization on a Will and an Affidavit of Claim. The sender included PDF copies of the two documents. They were hilarious forgeries. The signatures of my name as Notary on the Will, and as Commissioner for Oaths were not even close. Oddly, the first letter of my last name was signed with a lower case “e”, not a capital “E”. I replied that the documents were not signed by me.

The “notarization” of the will did not include an image of my notary stamp. In NY it’s required to either type or print the notary information under the signature. Also, notaries who are not attorneys are not allowed to notarize the signature of the person who the will is for. The will had my name as also notarizing the witnesses. Each name in the notary section was written with a different handwriting. An image of the seal of New York State was copied onto each document, presumably to replace a proper notary seal. It was a mess.

New York City does have a Commissioner of Deeds office, similar to the much more useful statewide Notary function. However, the forger replaced “Deeds” with “Oaths” – clearly this was not the work of a dedicated professional. The amount involved was in the tens of millions, in US dollars. Even stranger: these were to be used to settle in a German court. Usually, US notarized documents bound for other countries receive an Apostille; but it was not present. Of course it could not be. Part of the Apostille issuing procedure (in NY) includes notary signature verification.

So much for the actual forgery; I thought my reply ended my involvement. However, the next email from Germany raised the alarm bells. I was asked if the named beneficiary to the Will was “a fraud” and if the Affidavit of Claim was a fake. Now I was being asked IMHO a legal question. The second reply was very carefully worded. “The determination of fraud and fake are issues to be determined by the courts”. You never really know who is sending the email and if they have a hidden agenda. Write emails in such a manner that they can’t be used against you in litigation.

US currency is designed to thwart counterfeiting. But, if the recipient does not make an effort to examine the cash; even the most inept efforts are successful. In a similar manner, the recipient of a notarization should make some effort to verify its authenticity. An attachment issued by the NY State County Clerks, the Authentication; specifically mentions the signature being verified. Their form is “overstamped” after being affixed to my notarization. The issue of a “cut and paste” of a valid notaries signature onto a document fails under close examination. It might “look good” but a crime lab will find toner not ink in that signature.

As my name is “out there” on the internet it was easy for the person in Germany to obtain my email address. I can only wonder how many other forgeries are out there. Thankfully the forgery was legible and that gave access to me. Which is worse? An illegible signature that does not “point” to the notary, or a clear one that specifically spells your name? Perhaps the legibility was to permit the recipient to “look me up” to verify I was really a notary. What can be done to stop this abuse? Nothing I can think of. Sticking to my registered signature, using stamp and embosser (always) makes it easy to spot a forgery. If you have actually had to appear in court to contest a forgery please leave a comment detailing your experiences.

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Fraud & Forgery in the Notary Profession
http://blog.123notary.com/?p=2294

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Best Signing Co. Gossip!

(1) There were six signers!
http://www.123notary.com/forum/topic.asp?TOPIC_ID=4481
One Notary claimed: This Avenue 365 signing was supposed to be a standard refinance. But, the signing had six signers while the confirmation only mentioned two signers. “When I asked them to adjust my fee due to the fact there were six signers (which meant more work) the answer was a resounding no! Then, I went to another signing with them and there was an error on the documents. I called to ask for the documents to be redrawn and resent the next day. When the next day arrived and when I called them, I was told that the file had not been assigned to me and the person on the other line said,” “Why are you calling?”

(2) $20 loan signings. Maybe it’s time to raise your minimum?
http://www.123notary.com/forum/topic.asp?TOPIC_ID=6904
One Notary claims: “Some of the N3 Notary jobs were so close, that I did them for $20. But then, after there were so many cancellations, I raised my minimum to $50.”

(3) Sorry, we can’t pay you due to errors
http://www.123notary.com/forum/topic.asp?TOPIC_ID=6899
One Notary claims Signing Stream will agree to your fee, and then doc your pay and claim that some type of errors were made.

(4) 200 page packages
http://www.123notary.com/forum/topic.asp?TOPIC_ID=6817
One Notary claims: Pacific Document Signings tried to claim that the package was 175 pages, when they are usually close to 200 pages in the Notary’s experience. And they want to pay $70 for eDocuments? Another Notary wants to know what “local” means. $85 for local? How close are we talking about?

(5) Paid on time for 3 signings, but what about the other 6?
http://www.123notary.com/forum/topic.asp?TOPIC_ID=5317
One Notary claims to have been paid on time for the first 3 signings by Paramount Signature Services, but the next six never got paid for!

(6) $45 Debt Settlements & $15 print fees?
http://www.123notary.com/forum/topic.asp?TOPIC_ID=5192
One Notary was offered $45 for a Debt Settlement from Professional Settlements Services. Another was offered $15 print fee if the borrower backs out. How generous! Can I work for them too?

(7) A closeline of signings where the Notary was left out to hang!
http://www.123notary.com/forum/topic.asp?TOPIC_ID=6278
One Notary claims that Write n Roll promised a “clothesline” of closings from a particular vendor. But, since the Notary refused to drive a 120 radius for $100, they were left “hanging” (no pun intended.) Did this Notary get taken to the cleaners?

(8) A sadistic way of collecting what’s due!
http://www.123notary.com/forum/topic.asp?TOPIC_ID=2397
Notaries were complaining about not getting paid on time by American Signing Connection, LLC. Then, Ken recommended a very devious way to collect from companies that don’t pay on time. Locate the number that they talk to their clients (not the one they use to talk to the Notary.) Fax your invoice multiple times to that number which will tie up the line and get their attention. Another Notary claimed that she was deceived about the package size and that at the signing, many documents were missing that she was asked to back at a later date to sign for free.

(9) 25 pages to fill out + fax backs? No thanks!
http://www.123notary.com/forum/topic.asp?TOPIC_ID=3430
One notary was told by Mortgage Connect LP there would be no fax backs. The package had 25 pages to be filled out in addition to fax backs. The Notary declined the job and informed their Attorney associated with the assignment.

10) 1 hour to find the lost docs & 2 more to finish the signing that never gets paid!
http://www.123notary.com/forum/topic.asp?TOPIC_ID=2380
During a signing from American Freedom Assurance, Inc., the Notary waited around for over an hour while the customer located the documents and another two hours to complete the signing. He was promised payment within three weeks. The person who made that promise was reported to be, “No longer at that company.” Payment had to be “approved.” 70 days later the Notary demanded payment plus a late fee. Do you think they will get it? Nobody responded to the email.

(11) 4 last minute cancellations + errors on the signing & the redraw!
http://www.123notary.com/forum/topic.asp?TOPIC_ID=6719
The Notary claimed there were four last minute cancellations from Pac Doc Sign. Then, there were errors on the documents. The notary corrected the errors per the request of the signing company. When the borrowers saw the botched paperwork, they refused to sign. Then, new documents were prepared and after the Notary made a 70 mile round trip to the signer a second time – The numbers were found to be all wrong. Good grief!

(12) I quoted him $160, but they said I had already agreed to $115?
http://www.123notary.com/forum/topic.asp?TOPIC_ID=2436
Nation’s Direct certainly has developed a new way of negotiating since I worked for them! Maybe agreements should be in writing to avoid all of this he said she said nonsense.

(13) They want you to pay an $18 application fee after you hit submit?
http://www.123notary.com/forum/topic.asp?TOPIC_ID=3170
Firma Signing Solutions paid one Notary quickly, but others are wondering about low offers and application fees.

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You might also like:

Websites from some of our best Notaries!
http://blog.123notary.com/?p=14677

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

Take our FREE 30 point course!
http://blog.123notary.com/?p=14233

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March 2, 2015

Best Blog Articles for Advanced Notaries

Filed under: Loan Signing 101,Popular on Facebook (A little) — Tags: — admin @ 12:55 pm

A few months ago, we created a post which was a compliation of all of the best posts for beginners. It became very popular on Facebook. We like to write lots of posts here at 123notary. But, on Facebook, we tend to only post a few dozen posts per month, so we prefer to post really helpful or popular content there. So, here are my recommendations for the absolute best posts that any seasoned Notary should read!

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MARKETING

Do you have to be a CSS to get work these days?
As a Signing Agent, you need to know which signing agents are getting the most work and why. What changes do you need to make to be the type of signer who gets the best offers? Find out!
http://blog.123notary.com/?p=8914

What’s the difference between getting 16 clicks/month and 100?
Notaries that optimize their listing get a lot more results than you might think!
http://blog.123notary.com/?p=13185

Poo picking — getting the best notary jobs
Do you settle for less, or do you know how to get the best quality Notary jobs?
http://blog.123notary.com/?p=9273

From 3 jobs per week to 3 jobs per day!
This Notary went from rags to riches by making a few simple changes. Find out what his secret is!
http://blog.123notary.com/?p=3940

5 or 6 reviews doubles your business
Most of our serious notaries understand that it is imperative that they get reviews. But, how do you get them and how many do you really need?
http://blog.123notary.com/?p=8484

A great attitude gets most of the jobs
Skills are one thing, but nothing beats a great attitude!
http://blog.123notary.com/?p=6493

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TECHNICAL

Signing Agent Best Practices — 63 Points
This long article covers technical, marketing, legal issues, and more. Here is a compilation of the most professional tips that any seasoned notary should master.
http://blog.123notary.com/?p=4315

The 30 point course synopsis
This course is FREE and recommended to all Notaries whether experienced or new! It caters to Notary knowledge of all levels. It even includes a free over the phone test that you can take once per year. By taking this course & test, you get a number from 1-30 assigned to you that represents your current skill level. This number will eventually be published on your profile and could attract clients!
http://blog.123notary.com/?p=14233

Protecting yourself with a contract
There are so many critical payment terms to include in contract. Have you ever thought about it?
http://blog.123notary.com/?p=2593

Notarizations Dates, Document Dates & Signature Dates
All of these different types of dates can be confusing. Do you know what a transaction date is for example?
http://blog.123notary.com/?p=2421

Mobile Offices from A to Z
Mobile offices give you the freedom to print on the road which makes it possible to do a lot more jobs per day and make a lot more money as a mobile notary.
http://blog.123notary.com/?p=535

Optional Information in an Acknowledgment Certificate
Filling this information could keep you out of court and prevent fraud!
http://blog.123notary.com/?p=4407

I go over the HUD-1 first
One notary likes to go over the fees before even signing the Deed of Trust. Read her strategy!
http://blog.123notary.com/?p=4819

Industry Standards in the Notary Business
Here is a comprehensive article about standards in the business covering topics such as cross-outs, initialing, unsigned documents, and more…
http://blog.123notary.com/?p=4370

Mistakes Notaries make with Title Companies
Notaries make mistakes that many of us might be completely unaware of that cost you jobs!
http://blog.123notary.com/?p=4412

I’m being sued, and E&O won’t help
E&O covers Notary errors, not other errors. But, what if the Notary gets sued because the Lender made a mistake?
http://blog.123notary.com/?p=3570

How do you explain the APR to a non-borrowing spouse?
Most Notaries are completely unrehearsed at explaining the APR. What about you?
http://blog.123notary.com/?p=4455

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PRACTICAL

Getting Paid, the ins and outs
Most notaries have trouble getting paid, but follow our easy steps and you’ll never have trouble again!
http://blog.123notary.com/?p=27

Interview with Timios Title
Yet another interview with a really popular Title company.
http://blog.123notary.com/?p=6718

Signing Company Gossip
This link is not to a particular post, but to a string of signing company gossip posts. As Notaries, you need to understand the behavior of signing companies. You need to know which ones are reliable, which ones used to be good and went downhill, and which ones are just trouble!
http://blog.123notary.com/?tag=gossip

Notary etiquette from A to Z
Don’t park in the driveway and don’t discuss politics. But, there are many other things Notaries need to know too!
http://blog.123notary.com/?p=300

Interview with Title Source
An interview with one of the best Title companies out there.
http://blog.123notary.com/?p=6553

How to get paid by out of biz signing companies
Yes, it is possible. Just follow our proven system!
http://blog.123notary.com/?p=8646

Choosing a name for your business license
Everyone chooses a business name, but is your business name any good?
http://blog.123notary.com/?p=7103

Notary Information for Beginners — Best Posts
Here are about 20 of the most really useful posts for beginners. Seasoned Notaries might find these posts useful or interesting as well.
http://blog.123notary.com/?p=10472

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2014 excerpts from great notes sections

Filed under: Popular on Linked In,Your Notes Section — Tags: — admin @ 3:21 am

Here are some of the most interesting excerpts from notes sections on 123notary.com that I found in 2014. If you want to nominate other excerpts, I can add them after the fact!

(1) Look at all the services this notary advertises. He/She/They must be smart!
I have served XYZ County notarizing: commercial and residential loans, reverse mortgages, first and second mortgages, refinances, helocs, medical records, foreign adoptions, power of attorney, and so on. Apostille, authentication and certification services are also available.

(2) Check out the client list this notary has!
My clients range from attorneys, hospice, social workers, inmates, bail bonds, doctors and hospital patients.

(3) Here is a thorough notary
I stay in constant contact with whomever hires me, keeping them updated immediately upon receiving documents, contacting the signers, completing the assignment and supplying tracking numbers when documents are dropped off.

(4) Look at the long list of docs this guy does!
* Durable Power of Attorney/Healthcare Advance Directives
* Business/Personal contracts and agreements
* Credit Checks
* Landlord/Tenant issues and resolutions
* Collections
* Identity Restoration of Your Good Name
Legal Plans for:
* Estate Planning
* Consumer Finance
* Bankruptcy (Chapter 7,11, 13)
* Corporations (S corp. or C corp., LLC, or Non Profit)
* Unlawful Detainer
* Small Claims
* Divorces
* Child Custody/Child Support
* Name Changes
* Real Estate (contracts, deeds, quitclaims, foreclosure)
* Wage Garnishments (Disputes)
* Summons & Complaints
* Civil Suits (Being sued or sue someone)
& plus those not listed

(5) Give a call and your signing will go off without a hitch! LAX FedEx location late night drop 8pm.

(6) Don’t Move I’ll Be Right There! Fidelity National Title and First American Title approved Notary

(7) My motto is “Never say NO to a signing”.

(8) I give a one line explanation of every single document in the package.

(9) I specialize in last minute signings & off-hour signings

(10) Getting married or need a passport?
Services performed: PTT’s, PAP’s, POA’s, Acknowledgements, Jurats, Subscribing Witness, Copy Certifications, Affidavits, Trusts, Quit Claim Deeds, Refinance, Purchase, HELOC, Reverse Mortgage, Witness Only, Debt Settlement Agent, Notary & CPR Certifications, Pass Port Photos, LiveScan Fingerprinting, Field Inspection, Process Servier, and Weddings.

(11) This is my second career, after retiring in 2005, to fight a long and draining battle (18 surgeries) with Pancreatic Cancer, I am one of 4%, that survive this deadly cancer. Given a second chance at life, I decided doing nothing was not an option

(12) A former stripper decided to go into eSignings and offer “Laptop signings” (sorry for the bad joke)

(13) I am the only Mobile Notary in (name of city) with an A+ rating with the Better Business Bureau

(14) In addition to notarization’s I have conducted over 1,000 field service inspections: door knocks, merchant/site/business verifications, asset/collateral/lease inspections, and commercial loss control inspections.

(15) My references include Bank of America, Discover, Well Fargo, Quicken, Citi and many others. With all my career life spent in customer service, I know people! I will treat you and your clients with respect and honor, because that’s how I would want to be treated.

(16) I’m a transplanted New Yorker with Southern Charm. When your closing is crucial, you can count on me to be there on time and conduct the signing just as you would, if you could.

(17) 1500 loans signed; We cover 19 counties in the Western NC mountains with two notaries two 4wd drive vehicles, both with GPS. We go places you don’t even know are places and get your loan closed!

(18) Have something that’s a little “outside the box”? Strange hour? Specific or unusual instructions? Signer w/ special needs or requests? Not a problem, I can, and do handle it with no muss, no fuss, and no drama from the outset. I do it right the first time.

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You might also like:

2011 excerpts from great notes sections
http://blog.123notary.com/?p=1043

Unique Phrases from the Ninja Course
http://blog.123notary.com/?p=14690

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March 1, 2015

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

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

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

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

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

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

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

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

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

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

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

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

(20 minutes later)

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

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

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

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

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Point (8) The 1003 Uniform Residential Loan Application

This form can be irritating because it often contains incorrect information about how old people are, where they work, how much they are borrowing, etc. Some borrowers insist on making changes to the 1003 because they are offended that the lender, for example, believes that they were born on 1-01-95 and have 3 months experience at their job when they are sixty years old and have 20 years experience. However: the information on the 1003 is not final.

Please note that often times this document must be initialed, but the location of the required initials can vary depending on the format. Additionally, there is often a blank page in this document which some people like to cross out.

For final numbers, see the Note, Deed of Trust, Truth in Lending (TIL) and Settlement Statement. Loan amounts are often misquoted by several thousand dollars in the 1003. Refer them to one of the “Final” documents like the note if they are concerned. . If the borrower remains upset, just have them write down each mistake on a piece of paper and have them talk to the lender on the following day.

Backdating. Sometimes the 1003 is backdated or the lender will leave instructions not to date it at all. Why? Because the borrower, most likely, has submitted a more user-friendly form to the borrower, which contains the same information that the 1003 does. At a closing you are often pretending that you are signing the 1003 when the borrower filled out the user-friendly application several weeks prior to the signing. As a Notary, just don’t backdate Notary documents. But don’t worry, this one is not a Notary document, and you aren’t backdating, the borrower is.

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Point (9) Compliance Agreement Errors and Omissions

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

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

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

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

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You might also like:

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

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

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

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

I get paid enough to get something on the Value Menu

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

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

ELLEN: Got it.

(ring-ring)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Point (6) The Occupancy Affidavit

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

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Point (7) Grant & Quitclaim Deeds

There are four major reasons to have a Grant Deed.

(1) To transfer property in a sale of property

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

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

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

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Quitclaim Deeds

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

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

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

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You might also like:

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

30 Point Course (8-9) The 1003 & Compliance Agreement
http://blog.123notary.com/?p=14335

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

I go over the HUD-1 First
http://blog.123notary.com/?p=4819

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

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February 22, 2015

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

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.

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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

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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.

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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

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Point (2) The Note; Story: Background Noise

Filed under: (2) Technical and Legal — Tags: , — 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.

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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.

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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

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