Posted by AnneSoCa on 7/19/05 10:41pm
Msg #53264

Question re: signing as Trustee

I have a Citibank HELOC signing in the morning and one of the documents they've included regards the individual being a trustee. The signature line above where I will notarize says, "John Doe as trustee and also in his capacity as individual".

My question is, do I have him sign just "John Doe" or "John Doe, Trustee" or the whole shebang?

I did a search and saw this question was posted earlier in May, but I didn't see a definitive answer. Any help would be appreciated!

Reply by val/mi on 7/19/05 11:03pm
Msg #53271

You definately have to state "John Doe, as Trustee... How is Title vested on the first page of the mortgage? My rule of thumb is.....the wording on the front is my wording on the back....hope this helps.

Reply by AnneSoCa on 7/19/05 11:28pm
Msg #53279

The first page of the DOT says, "John Doe, Trustee of the John Doe Living Trust Dated January 1, 2002". Then, on the sig page of the DOT, it says "John Doe as trustee and also in his capacity as an individual" under the signature line.

I'm definitely calling title in the am to find out which way they want this signed. I haven't come across this type yet! But I do love to learn new things!

Reply by Kay / NV on 7/20/05 4:36am
Msg #53296

Don't forget the acknowledgement. Here in NV, our handbook has special/specific wording for trustee signings. Check your state guidlines.

Reply by Melody on 7/19/05 11:08pm
Msg #53273

The whole shebang. ~n/m

Reply by Becca/FL on 7/19/05 11:19pm
Msg #53278

Generally speaking, he should sign both ways; as trustee and individually. BUT it is up to the lender. Call and ask specifically how the lender wants the docs executed.

Just remember, you can not attest to capacity in your cert., only "John Doe."

Reply by Luci/CA on 7/19/05 11:48pm
Msg #53283

Every lender is different. I had a Countrywide yesterday with specific instructions from the lender that the borrower was to sign their name only and not write "trustee" - the signature line read exactly as you have stated "individually and as trustee..." It is a good idea to check with the SS or Lender for their specific requirements.

Reply by Laurie on 7/20/05 2:19am
Msg #53293

Hi,

In addition to being a notary I've owned several properties in trust. I've sold two. On both sets I signed "my name". Although one set did have "my printed name, trustee" underneath. This was in the Minnesota. To be safe, I would say check with the title company.

I even signed for my husband with a Power of Attorney. One set I signed "my name POA", the other set I signed "my name AIF for his name" (AIF - Attorney In Fact). In both cases the Title company stated their preference.

Laurie

Reply by PAW_Fl on 7/20/05 6:13am
Msg #53297

The one that I did for Citi that was in trust, I had the signer sign the entire wording. I.e., "John Doe as trustee and individually".

For the acknowledgment, in CA you cannot include the "trustee" part as you cannot certify capacity, so you would simply state the signer's name. In FL, we can include it, so the ack shows them signing as an individual and as a trustee. Different states, different laws, different procedures.