Posted by Anonymous on 7/16/05 11:52am
Msg #52666

Contengency Agreement/CA

I'm from CA and would like to know if Contengency Agreement needs to be notarized. Yes, I am new, but have searched the threads and nothing there.

Reply by SheilaSJCA on 7/16/05 2:37pm
Msg #52678

check your spelling and look if it has notarial wording and blank places to complete . If not sure, check with ss or who hired you.

Reply by PAW_Fl on 7/16/05 3:27pm
Msg #52681

If there is a notary certificate on the document, then yes, the signatures on the document need to be notarized. If there is no certificate, then there is nothing a notary needs to do.

If there is a certificate, make sure it conforms to your state laws. If not, adjust it so it does, or cross out the provided certificate and attach a compliant certificate of like kind (acknowledgment or jurat) to the document.

Reply by JennyCA on 7/16/05 7:25pm
Msg #52718

If attaching a certificate because the wording was not the full wording on the doc, am I supposed to cross the wording they provided? even if it's in the middle of the document?

I too am new, have read all the threads, printed the "must read" ones, signed up at SigningRegistry.com and doing my best to educate myself as much as possible.

I did my first loan 2 days ago. Was told it was a simple refinance ended up being a 1st and 2nd. I keep reviewing the signing over and over in my mind . I seem to discover a mistake each time I think about it.

Reply by PAW_Fl on 7/16/05 8:17pm
Msg #52732

If you are replacing the entire certificate, you should draw one single line diagonally through the pre-printed certificate (and only the certificate, not the entire document) and write something to the effect "See attached certificate".

Typically, the notarial certificate is at the end or bottom of the document, not in the middle. So, I'm a bit confused as to what you would consider crossing out in the middle of the document.

Reply by Jenny/Ca on 7/16/05 9:32pm
Msg #52742

I don't remember the forms , I think there were 2 that had notarial wording in the middle and a space for the borrower (it clearly stated the borrower's name) below where my signature and stamp goes.

In addition there was this form called AFFIDAVIT OF MORTGAGE LOAN CLOSER that stated : I____________________loan closer, Notary Public handled the signing of borrower. signed,______________ loan closer, Notary Public.

notarial text went here__________________

after this it said confirmed by_________________(borrower)

I Informed the SS that I could not notarize my own signature, she called the escrow/title co. and tolme that it was fine as long as I wrote "no other notary available" right under my seal.

I did it. ??????

and place for Notary Signature and stamp here______________

Reply by PAW_Fl on 7/16/05 11:21pm
Msg #52756

>>> I Informed the SS that I could not notarize my own signature, she called the escrow/title co. and tolme that it was fine as long as I wrote "no other notary available" right under my seal. <<<

Tell me you didn't place your seal on that form! You can fill it out and sign it as a signing agent, but you can't notarize it because you can't notarize your own signature, as you said. But placing your seal on it, it using the seal of your office on a document that shouldn't be "sealed".

Reply by BrendaTX on 7/16/05 11:29pm
Msg #52759

Jenny, nothing against you...but to the TC from whence this gem of advice came--

LOL LOL that's a good one.

Reply by Jenny/CA on 7/17/05 1:52am
Msg #52772

My goodness!!!! I did do it!! Oh my gosh!!!

Reply by BrendaTX on 7/17/05 9:16am
Msg #52775



*My goodness!!!! I did do it!! Oh my gosh!!!*

------
Jenny, Thank you for your honesty.

Again - no offense to you intended at all, but this is a very good point on why I refer people back to their notary rules even when it makes people mad as wet hens. (Do hens really get mad when they are wet? Perhaps we need to qualify that analogy. But, I digress...)

What's done is done, and there's nothing to do but move on and study up.

I am not sure, but I *think* this is probably just going into a file that no "notary police" are going to peruse in this century.

Perhaps now it makes sense that I say if a new notary does not know their rules they are pawns to be used in the bidding of others.

What if this situation were this? "We called the escrow officer and they said to just go ahead and fill out another Jurat or Acknowledgement and mail it to us with a cover letter stating the situation that occurred, it will be just fine."

Some new notaries might think this was appropriate because they do not understand that the ones giving the notary directions are not interested in right or wrong, or what is the right thing for the notary to do.

Reply by Jenny/CA on 7/17/05 1:51pm
Msg #52804

I stayed up late reviewing my notes again. I also signed up for the Signing Registry guide that some one here suggested. I am famililar with the forms that are in NNA signing book but this form was not in it. I also kept hunting for loan doc samples , didn't find any for free so now I also ordered a cd that is supposed to contain samples and suggestion on how to go about doing a signing.

I am trying here. My husband gets mad and says that I am too honest about my mistakes. Oh well, live and learn.

Reply by Ernest_CT on 7/17/05 8:23pm
Msg #52847

No, Jenny, you're never "too honest"!

By admitting that you made a mistake and learned from it you are showing honesty in your business! You've done something positive as a result of a faux pas. Kudos.

Reply by Jenny/CA on 7/18/05 4:40am
Msg #52885

Re: No, Jenny, you're never "too honest"!

Thank You :-)