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March 1, 2015

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

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

I get paid enough to get something on the Value Menu

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

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

ELLEN: Got it.

(ring-ring)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Point (6) The Occupancy Affidavit

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

Point (7) Grant & Quitclaim Deeds

There are four major reasons to have a Grant Deed.

(1) To transfer property in a sale of property

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

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

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

Quitclaim Deeds

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

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

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

You might also like:

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

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

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

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

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

Comments (1)

February 22, 2015

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

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

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

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

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

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

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

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

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

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

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

Point (3) The Right to Cancel

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

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

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

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

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

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

Here is a list of all Federal holidays:

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

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

The Truth in Lending is now antiquated.

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

1. The Closing Estimate
Previously there was a document called the Good Faith Estimate whose current replacement would be the Closing Estimate. Although these two documents are not even close to being identical, they go over the estimated costs of the loan among other information.

2. The Truth in Lending
This is now an antiquated document. The Truth in Lending had some bizarre and unhelpful verbiage about the prepayment penalty. It said you, “will, won’t or may” have a prepayment penalty. The Closing Disclosure states if you will or won’t but omits the ambiguous word, “may” from the document.

3. The APR
In addition to going over the APR, there will be a new figure discussed on the Closing disclosure called the TIP which is the total interest percentage.

4. Taxes, Insurance, Escrow Fees
Estimated escrow costs, insurance, taxes, servicing, assumption, and appraisal costs will also be covered in this new and exciting document.

5. The property address
Many loan signing courses claim you should look for the property address on the Deed of Trust or Mortgage. You can, but it is also on the Closing Disclosure on the upper left corner.

6. The Loan Amount & Rate
This is also covered on the upper half of page one.

7. Fees associated with the loan
The Closing Disclosure replaces the TIL and the HUD-1 Settlement Statement. So, items from the Settlement Statement such as fees or costs associated with the loan will be covered on this document.

8. Calculating Cash to Close
This is a very practical section that covers total closing costs, closing costs financeed, down payment, deposit, funds for borrower, seller credits, and adjustments. The bottom line in this section is the cash to close total amount.

9. Summary of Transactions
The sale price of the property, closing costs, HOA dues, deposits, loan amount, sellers credit, rebates, and local taxes are all part of the accounting spreadsheet in this section.

10. The additional information section about the loan
This section covers other specifications about the loan such as whether or not assumption is allowed, if there is a demand feature, negative amortization, late payments, partial payments, escrow accounts, and more…

11. Next, there is a basic loan calculation similar to what the TIL had with the total payments, finance charge, amount financed, APR, and the new figure which is the TIP.

12. There is a section listing other disclosures which will list the appraisal, contract details, liability after foreclosure (keeping it positive), refinance, and tax deductions.

13. And last there is contact information of the Lender, the Real Estate Brokers, and the Settlement Agents.

Sign below.

——————————————— ———-
Applicant Signature Date

Eventually I will create some test questions out of this material. I already have one, but I will derive some others as well.

You might also like:

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

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

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

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

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

Comments (2)

Point (2) The Note; Story: Background Noise

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

Marcy, The Baby, and the FHA Signing

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

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

NICOLE: Hi, this is Nicole from Hawaii Title.

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

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

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

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

MARCY: No, that part was too scary.

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

TODDLER: Wahhhhh! Wahhhh!

NICOLE: Is something wrong?

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

TODDLER: Wahhhh! Wahhh!

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

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

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

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

NICOLE: That’s what I like to hear.

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

NICOLE: Wahhhh… Just kidding.

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

The Note includes:

(1) The Rate

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

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

(4) The day that monthly payments are due.

(5) Penalties for late payment

(6) The amount of the loan

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

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

You might also like:

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

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

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

Comments (0)

February 19, 2015

Websites from some of our best notaries!

Filed under: Advertising — Tags: Notary Websites — admin @ 10:51 pm

Many notaries email us to ask if they should start a website. The answer is always that creating a website is like a marriage. It is expensive and time consuming, but if you are committed to it, there can be many rewards! Not all notary web sites look the same, but here are a few of my favorites for notaries who advertise with us!

Frank Tabacca
Frank is certified by about nine different notary agencies. He is a top notch notary and loyal client of 123notary. Additionally, he is an estate planner and has a background in the insurance industry.
http://www.marinprecisionnotary.com/about/

Palm Desert Notary Services
Here is a well designed notary website that describes their notary services, legal services, and more. They seem to be very familiar with all of the major legal documents.
http://www.thedesertnotary.com/notary-public-services/

Shannon Ziccardi
Shannon is a very active mobile notary and has multiple Twitter profiles as well. He is a loyal customer, and you can see his very unusual web page on active rain. Getting a web page on someone else’s platform is a lot cheaper than starting your own website, and his looks well formatted too.
http://activerain.trulia.com/profile/aquicknote

Stockton Mobile Notary
This site ironically did very well on Google if you looked up 123notary in Jan 2015. They explain identification requirements very thoroughly as well.
http://stocktonmobilenotary.com/

Tim Gatewood
Tim is a member of the NNA, GoGetNotary, NotaryRotary, 123notary, National Mortgage News, and the American Society of Notaries. If you want to impress clients, have lots of professional memberships. It proves that you are serious and dedicated!
http://freepages.rootsweb.ancestry.com/~timgatewood/notary/notarylinks.html

After Hours Notary
This notary organization is very active on all sorts of social media channels and blogs herself!
Read their interesting article: How to get started as a Notary Signing Agent which explains the process thoroughly and explains SPW standards as well. Then, she goes on to introduce a handful of large notary organizations including 123notary.
http://afterhoursva.com/how-to-get-started-as-a-notary-signing-agent/

Houston Mobile Notary Service
This Notary is 123notary Elite Certified, and also a member of many other well known notary organizations. See how they write in detail about their memberships and experience.
http://www.houstonmobilenotaryservice.com/accreditations.html

Joe Ewing
Joe is one of the most sophisticated and experienced notaries on our site. His site explains his Notary & Apostille services.
http://www.anotary.com/

A Notary on the Go
This company has several notaries working for them and a site that shows their certifications.
http://www.anotaryonthegoflorida.com/about-us/notaries/

Fred Herrera
It is very sad, but I heard that this Notary passed away recently. He was one of my favorite clients and a real trooper. He survived Pancreatic cancer for many years. His website has a lot of information on it. More graphics and formatting would have been nice though.
http://www.fredgherrera.com/

Joyce Walters
This notary site is easy to read and navigate
http://www.waltersnotaryagency.net/about-us/

A1 Mobile Notary & Bookkeeping
Another interesting notary site of a customer of ours.
http://www.a1mobilenotary.net/links.html

Jacqueline’s High Desert Mobile Notary Public Services
This notary specializes in a long list of types of documents.
https://www.jacquelinemobilenotary.com/about.html

You might also like:

What’s the difference between getting 16 clicks/month & 100 clicks/month on your listing?
http://blog.123notary.com/?p=13185

Comments (2)

February 15, 2015

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

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

Marcy the housewife becomes a Notary!

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

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

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

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

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

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

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

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

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

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

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

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

The Deed of Trust states:

(a) The loan amount

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

(d) The location and description of the property.

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

(f) Who the trustors and trustees are

(g) The loan is secured by the property.

(h) A Description of the Property

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

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

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

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

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

Comments (2)

30 Point Test Course Book: Synopsis

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

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

Required additional reading

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

Table of Contents

Page Titles

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

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

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

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

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

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

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Comments (4)

Signing Stream makes notaries sign a contract that they won’t write anything on forums

Filed under: Loan Signing 101,Popular on Facebook (comments),Popular on Facebook (shares),Popular on Facebook (some) — Tags: Notary Contracts, Signing Agent Contracts, Signing Stream — admin @ 4:22 am

Signing Stream is a signing company that is written about from time to time on our forum. On our list of signing companies, the reviews of this company are more negative than they are positive. But, what is unusual is that this company has a contract that forbids the notaries from writing anything electronically about their company. As you know, many notaries enjoy posting on our forum as well as on Notary Rotary’s forum. Posting on forums is how notaries learn critical information about signing companies as well as how they share information with other notaries. It seems like this company wants to tie the notary’s hands and put them in a bind.

One notary told me that they don’t always get documents in time from Signing Stream and don’t always get paid on time. But, she also said that she knows other notaries who are always paid on time by them. So, it looks as if you need to be popular or lucky to get paid on time on a regular basis. I also heard that they don’t want to hear about payment inquiries until the payment is at least sixty days due. I can understand that they don’t want to be badgered and hounded by a bunch of broke notaries, but sixty days? I think that forty-five days is more reasonable. After all, notaries have a legitimate right to know if they will have any food on the table.

My question is: should notaries be willing to work for any company that prohibits them from publishing their opinion on a forum? Such terms seem very unreasonable and very questionable. I think this would be a good Facebook discussion!

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http://blog.123notary.com/?p=16658

2016 most active signing companies
http://blog.123notary.com/?p=16482

Comments (20)

February 2, 2015

Trip + Notary fee = Payment

Filed under: Ken Edelstein,NSA Pricing, Fees & Income — Tags: Notary Fee, notary fees, Notary Payment — admin @ 3:05 am

I have never, repeat never; had a dispute over my notary fees. The key is to make sure in each assignment that the notary fee is fully disclosed when agreeing to perform the service. I write this looking at a check, handed to me for not doing any notarizations. But, that is near the end of my story. Time to back up and present what happened in chronological order.

The caller is an admin assist for a company in midtown needing a notary. Caller does not know the details of what is required, just that a notary is needed. They might need one notarization or several hundred. I quote a fee of $xx for “the trip”, plus the NY State fee of $2 per signature notarized. If five people sign, and there is one notary statement naming them all; to my way of thinking I have done five notarizations with my single signature. I do have to ID check and oath all five of them. For that reason I always use the term “per signature notarized” in any fee agreement. We agree, I leave for the assignment.

Arriving ten minutes early, the receptionist tells me that the work has been already done. They had apparently scheduled a few of us; and to them “the notary race” was on! The ever-present smile behind the counter says “sorry to have troubled you”, “we have no need for your services”. I explained that the issue is not having troubled me, but that I require my fee. The office manager is called. In a calm, polite voice and manner I explain how I perceive the situation. Your admin assist made a verbal contract with me. I was required to arrive prior to a specific time, which I did; for a specific fee of $xx. It was further agreed that I would receive $2 per signature notarized. There was a clear distinction between the trip and notary fees. To earn the trip fee I had to be on time. I was on time.

The office manager initially leaned towards a “you did nothing” rejection. I noticed some signs on the wall. It was time to fire some “big guns”. I repeated there was a fee due, and if not paid I would complain to the Division of Licensing Service, and the Consumer Protection Bureau of NYC. I could tell the office manager did not want that. Two straws broke the last vestiges of resistance. I noticed you have an A+ Better Business Bureau certification. It is my intent to send a very detailed complaint to the BBB as well. Lastly, I intend to file a lawsuit against the President of your firm in Small Claims court. It will include my fee, court costs, and other expenses. We are both aware you will require an attorney to represent your corporation; I on the other hand am retired and have lots of free time to spend in a courtroom.

“Mr. Edelstein, please have a seat, it will only take five minutes to cut you a check”. The check was for the $xx trip fee and in the memo section said “transportation reimbursement”. Did I over react? I don’t think so. We had a very clearly defined two part verbal contract. The fact that, for whatever reason, they had no work for me; ONLY negates paying me the $2 per. Filing complaints and initiating lawsuits might seem extreme, but not to me. It took me a full hour in dense NYC midtown traffic to get to their office. Write it off for “good will” and hope they call me next time? Not realistic considering their tactic of playing “multiple notary race”. Actually, I would have also posted the exact truth on social media, Yelp, etc. If in your heart you feel they don’t have a “shred of a valid point” on their side; do what it takes to receive your rightful pay.

Tweets:
“But, you did nothing” the client replied after the notary wanted a travel fee for a cancelled job.

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http://blog.123notary.com/?p=16504

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Comments (4)

January 27, 2015

The Mortgage & The Note

Filed under: (4) Documents,Ken Edelstein — Tags: Deed of Trust, The Mortgage, The Note — admin @ 11:41 am

The Mortgage and The Note
These two documents formulate the essence of the home purchase or refinance. The vast number of related documents provide essential and legal information. However, the Note and the Mortgage are really the “action” documents. In their most basic functionality: the note specifies the terms of the loan, the mortgage provides collateral against a default of the Note.

Curiously, the Note typically begins with “In return for a loan that I have received, I promise to pay $XXX,XXX.XX”, but rarely is the Note notarized. It is often initialed on each page by the borrower(s) that are signing the final page. There should be an agreement with the 1003, the Loan Application as to who is technically a borrower. Non-obligors who may be “on title” never sign the note. As the definitive definition of the loan; interest rate and payment terms are generally the second and third items on the first page. These are the items of greatest interest.

Also essential, but rarely initially reviewed, is the Right to Prepay; and what will happen if the borrower fails to pay according to the terms of the Note. Typically, if more than one person signs the Note, each bears the full responsibility for payment. The Note is a negotiable instrument, similar to cash or a bond. They are frequently sold by the initial lender.

Almost all variations of the note include the words “Sign Original Only” on the signature page. As a negotiable instrument is being created, multiple copies of the Note for the same obligation could lead to fraud, confusion, and the borrower(s) being asked to pay each Note! When asked to execute multiple copies of the same Note; shrewd borrowers are careful to add wording to the effect that the duplicate(s) are “file copy” and “not negotiable” next to their signature(s).

The Mortgage, often referred to as the Deed Of Trust, is generally of much greater length compared to the Note. A key provision of the Note grants the Mortgage enforceability. The Note references the related Mortgage: “In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust … dated the same date as this Note … protects the Note Holder if I do not keep the promises made in this Note”.

Think of the Mortgage as the “enforcement arm” of the Note. The Mortgage contains, in about fifteen pages; the procedures to, typically; take back the property. For notaries the Mortgage often contains a “built in” problem. On the first page of the Mortgage the borrower is “supposed” to be named. However, in lieu of their legal name the “vesting” name often appears. This is not a problem on the first page. But, it does get to be a problem on the last page. For it is there that the computer often uses the “vesting” name in the notary section.

For technical reasons, on the Mortgage vesting often includes “status” terminology such as “husband and wife” or “a single woman” or “a married man” – but **ONLY** the name is permitted in the notary section. Thus, “before me appeared John B Doe a single man” is not permitted per NY State notary laws. I am required to redact (thin line through & my initials) the “a single man” part from the pre-entered value following “before me personally appeared”. Care should also be taken to have John B Doe initial JBD not just JD if his middle initial is on the signature line of the Mortgage. I promise to pay, and, what if I don’t; are the heart of the deal.

Most fail to note (no pun) that there is language in the NOTE that incorporates the Mortgage as “part of the note”

A little mentioned aspect in the “fine print” but O so important.

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The Deed of Trust
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Comments (2)

January 20, 2015

The Signature Name Affidavit

Filed under: Affidavits,Ken Edelstein — Tags: Signature Affidavit, Signature Affidavit and AKA Statement, Signature Name Affidavit, Sworn Under Oath — admin @ 11:29 am

The Signature Name Affidavit
An extension of the simple signature affidavit (this is my signature), is the signature / name / AKA affidavit. Here it becomes a little bit more complex for both the notary, and the affiant. Understanding what are probably the two most frequent uses for the form helps to jog my memory as to their importance, and how they should be processed.

Both the single name format and the multiple name formats generally use Jurat wording. As, when you think about it; an acknowledgement kinda violates the basic purpose. It would be useless. That routine notary statement “Subscribed and sworn (affirmed) before me…..” is the key. This document contains, under oath, a notary witnessed (after checking ID) signature sample. Experts can compare the “known to be authentic” sample against the signatures on the questionable documents. Both formats, if ever used, will probably see a courtroom. Always use your embosser on these.

The multiple name section has the affiant making an additional statement “I am also known as”. Generally this provides a means of processing slight variations in signatures. For example, they may miss a middle initial on one of their signatures. But only if it’s completed correctly. I am looking at a signature name affidavit that has first middle and last at the top. In the “also known” there is one entry preprinted, that one uses the first and last name. But, what if they sign first, init, last? That very likely situation is not covered by preprinting. However, there are a few blank lines for the astute notary to use. Printing (generally on the left), first, init, last; and having them sign on the right using those name components. Now if they sign first init last; on **ANY** document, that document (per their own sworn statement) has their legal signature. This catch might make the closing go smoothly. And, let us not forget; eliminate the need for a free correction trip!

Now for the hard part. The above paragraph was just a warm-up; prepare for some grief. There are AKA entries that raise the eyebrows of the affiant. Very few of them will object to adding or subtracting variations possible of the middle name; they will sign off on that. However, when there are one or more entries that are vastly different from the legal name there is a problem. The root of the problem will never become known to you. They want “confirmation” of the extreme variation to deal with a situation that might have started as a clerical error. This blog entry makes no attempt to deal with the issue of fraud issues related to AKA entries.

I have had affiants, often in their attorney’s office; hand add the term “have never been known as” to a line item, adding proper initialing. They then proceed to sign the rejected name. It’s their sworn statement, and their lawyer wisely wants their statement completely truthful. It is possible that the processor of the signature name affidavit just glances to see that “the boxes are full”. I don’t know the odds, but the few modified ones I notarized did not bounce back. How could they? The affiant modified the form to reflect the truth, sworn under oath.

You can’t suggest the “never been known”, unless you are an attorney. So, lacking a parachute; the affiant will sometimes refuse to sign. If possible call “upstream”, and let them work it out. When nobody was reachable, I accepted them signing only at the top. It’s a fine line between making something available to sign; and exerting influence to sway their sign, no sign decision.

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Comments (0)

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