Posted by SamIam_CA on 4/22/05 4:27pm
Msg #33394
Am I going to Notary Jail? Non-borrowing without MoJo?
How was that for a subject line?
I am almost caught up on all of the messages - but I have not seen this question yet. On April 11th I did a signing where the instructions told me to have the non-borrowing spouse sign the TIL. This doc did not have any jurat or acknowledgment attached and therefore, was not notarized.
Now that I think about it - I have nothing in my MoJo to show that I identified this woman as the spouse, not do I have her thumbprint as required for all CA transactions involving property.
I'm sure the paperwork for the loan was fine - I got my check today. Is this something that could come back weeks or months from now to bite me in the tush?
Sam
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Reply by Stephanie_CA on 4/22/05 5:37pm
Msg #33405
More than likely, not.
On one signing I forgot/misplaced my thumbprinter, so I did not obtain borrowers print in journal - I thought this would be the signing dripping with fraud and when it all came cack to me, I wouldn't be able to produce fingerprints.
I was sweating it for awhile and then realized things would be alright & they were.
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Reply by SamIam_CA on 4/22/05 7:03pm
Msg #33418
I'd probably blow a brain gaskett over that one. Glad it was okay in the end 
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Reply by Lori/CA on 4/22/05 6:28pm
Msg #33414
Sam,
No, by far what you think you did wrong was in fact correct! You did not have to do a notarization for the TIL so no need to ID here. Only WHEN you notarize a doc do you have to have her/him in your journal.
Hope it helped! Happy Friday Lori
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Reply by SamIam_CA on 4/22/05 7:02pm
Msg #33417
I was thinking that that was the case - the MoJo is only used for notorial acts. But it seems wrong to let someone randomly sign on offical loan papers without proof of who they are.
Oh well - and btw is notorial even a real word? I'm to post 26474 and counting....
Happy Friday!
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Reply by sue on 4/22/05 8:40pm
Msg #33435
you were okay with the TIL but didn't she also have to sign the Deed of Trust? for that you would need identification
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Reply by SamIam_CA on 4/23/05 12:25pm
Msg #33535
**didn't she also have to sign the Deed of Trust**
Nope - she was not on the deed of trust because she was both non-borrowing and not on the title of the house. It was the husband's "sole and separate property". I think that they wanted her to sign the TIL because CA is a community property state.
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Reply by Marlene/USNA on 4/25/05 8:53am
Msg #33755
It's "notarial" not "notorial," but we all know what you mean!
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Reply by SamIam_CA on 4/25/05 11:15pm
Msg #33932
***"notarial" not "notorial," ***
Thanx! I knew it looked funny, but couldn't figure out why!
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