Posted by Hampton/CA on 10/1/04 11:54pm
Msg #9219

Help filling out Survey aff for Sat AM signing

What goes in these spaces?

The affiants have delivered a certain deed of trust securing__________ in the amount of _________.

The affiants have executed and delivered a deed for the property to ______________.

Affiants make this affidavit to induce the ___________ to issue its Lender's Title Insurance Policy to _____________ with survey coverage etc etc.

Thanks.

Reply by BrendaTX on 10/2/04 12:01am
Msg #9220

Hi Hampton, CA...I will give it a shot....I am sure you need to let the borrower's fill this in as they would see fit, however. Would not want to do the dreaded UPL.

What goes in these spaces?

The affiants have delivered a certain deed of trust securing ADDRESS OF PROPERTY, CITY COUNTY STATE ZIP... in the amount of AMOUNT FINANCE (but, in Tx this is never blank.)

The affiants have executed and delivered a deed for the property to LENDER.

Affiants make this affidavit to induce the TITLE COMPANY to issue its Lender's Title Insurance Policy to LENDER with survey coverage etc etc.

Thanks.

Reply by BrendaTX on 10/2/04 12:03am
Msg #9221

oops...The affiants have delivered a certain deed of trust securing ADDRESS OF PROPERTY, CITY COUNTY STATE ZIP... in the amount of AMOUNT FINANCE >>>>but, in Tx this is never blank<<<<


I should have said I have never seen a survey aff where I had to put the amount in.

Reply by Sylvia_FL on 10/2/04 10:12am
Msg #9231

Doesn't the deed of trust secure the lien???? Could be 1st lien or 2nd lien.
It doesn't secure the property - AFAIK
The amount would be the amount of the loan (at least that is what I have seen on the mortgages here)

Reply by BrendaTX on 10/2/04 10:21am
Msg #9233

Listen to Sylvia. Whatever she said is bound to be more accurate. I am on the way out the door ... listen to Sylvia!!!!

Reply by Sylvia_FL on 10/2/04 12:18pm
Msg #9243

"Listen to Sylvia. Whatever she said is bound to be more accurate. I am on the way out the door ... listen to Sylvia!!!!"


Not necessarily so

Reply by BrendaTX on 10/4/04 3:26am
Msg #9273

As you can see by the time I am posting that I am up in the middle of the night again, but at the time of this writing I am awake (I think!). I had posted to HamptonCA at a late hour the other night, but I should disclose, folks, that I am not only a night owl, but also a sleepwalker (and sleep-typist) from time to time.

Once I woke up sitting at my computer after typing a bizarre letter to the manager of the apartments where my one of my boys was living. I guess I had spent the better part of an hour typing up a full page of maniacal ravings. Among other things, I had written totally irrelevant gibberish about a daughter that I do not have. (My son was in college and had taken them my check for his rent which they deposited and credited to another person's rent. I was ticked that they could not understand they had to remove the late charges; thus the reason I had it on my mind to write them a letter.)

Another time I woke up after removing six or so orange and green popsicles (my least favorite flavors--I like the red and purple ones the best) from the freezer and leaving them unwrapped in strange places about the house. Then there was the time I decided to do a little coffee making in my sleep and woke up in the laundry room putting "creamer" in my coffee that was actually laundry detergent.

These days I actually do dream about being at signings and I just hope that I do not wake up one of these days to find I have been busy most of the night posting indignant tirades of gibberish about unitelligible quasi-notary subjects on NotaryRotary!!

Reply by HisHughness on 10/4/04 8:54am
Msg #9280

Brenda said:

***These days I actually do dream about being at signings and I just hope that I do not wake up one of these days to find I have been busy most of the night posting indignant tirades of gibberish about unitelligible quasi-notary subjects on NotaryRotary!!***

Hate to break this to you, Brenda, but you may want to go back and review your previous posts. At least, though, this explains a few things.

Reply by BrendaTX on 10/4/04 8:57am
Msg #9281

Hey! I am glad to see you post, Pneumo-Hugh. I have MY excuse, now what's the reason for some of yours???

Reply by Ninna Mantooth-Lopez on 10/2/04 10:55am
Msg #9234

adding to Sylvia's post... deed of trust securing the "promissory note" in the amount of $XXXXX.

Reply by Jan Kohake on 10/4/04 11:27am
Msg #9288

By your state's law, do you help fill in the Survey Afd???

Let me ask: Since we are notarizing the Survey Afd., are we suppose to advise the borrower on how to fill it out? I just had this come up, of course, it had all blanks, the borrower called his lender and the lender didn't know what to put in the blanks. I told the LO I couldn't notarize a document with blanks. The signing company was peeved at me and said I should have called them, they would have helped the borrower. Now, how often do signing companies know what to do, but anyway, they said they would e-mail the survey afd. and they would tell me what to put in the blanks. I told them I could not do that since I was notarizing this document. His comment was, well, a lot of CA notaries do, and I just said, well, this one doesn't. So they filled in the blanks, and I went back to the borrower and I notarized it. This just seems to be a constant problem.

Reply by PAW Notary Services on 10/4/04 11:45am
Msg #9292

Re: By your state's law, do you help fill in the Survey Afd???

You should NEVER assist in completing a document by providing information. You can only advise the borrower who to call to obtain the information or where to find the information in already existing documents. (For example, the borrower should have a copy of their survey. Then many of the blanks could be filled in BY THE BORROWER, by getting the information off the survey.) Typically, anything to do with the loan itself should be directed to the lender. Things concerned with the property (title affidavit, survey affidavit, etc.) should be directed to the title company. When in doubt, call the company that hired you for direction. Actually, call them first anyway, since your "contract" is with them. SS'es often haven't a clue about the details of the documents, but they should be able to get you in touch with the escrow officer or closing agent at the title company who then can direct you further if need be.

Reply by BrendaTX on 10/4/04 12:00pm
Msg #9296

Re: By your state's law, do you help fill in the Survey Afd???

Agreed. Since I am not big on blanks (as we have exhaustively discussed) --if I cannot talk to the Title Company, I tell the borrowers to read it aloud and fill in what they believe to be the answers. Reading aloud by borrowers is a great tool for clarification.

As a wise gentleman once posted here on NotaryRotary.com, the clerical-type errors are covered in EO affs and Ltd POA's in ways to assure the lender can successfully complete loan documents if the borrowers make clerical type errors in trying to complete documents that should have already been completed.