Posted by Pete/NY on 7/15/05 11:15am
Msg #52454

Would appreciate any assistance

Ok. A refi, people sign in NY for a property in VA. VA has a lot of docs that have the duly sworn on top and then a VA ack on bottom. I've had two answers that are completely opposite. One of you lovely nots says no matter what it says on top, if there's an ack on the bottom, attach an ack. The other person says if it says that attach a Jurat. Should I attach both and let the title company decide?

Next there is an ID Letter in here. It states "Now comes ___________, being first duly sworn, deposes and says that he/she was the closing agent for the loan described below, and that he/she personally obtained and observed photo id or acceptable blah, blah, blah and certify the folowing:

This is where they enter their DOB, License #, etc.

Then it has an ack on the bottom.

Question - what do I put in the blank and second, do I attach an ack or a Jurat?

TIA

Reply by BrendaTx on 7/15/05 11:22am
Msg #52456

I am about to walk out the door, Pete...but stop and think about what this is saying.

It is saying YOU were sworn ...

Now, this is not something I can do in Texas.

Can you do this in NY?

Someone will jump on this and help you out.

Reply by BarbaraL_CA on 7/15/05 11:25am
Msg #52457

ID Letter: I would call the Title Co. and ask what to do. You are NOT the closing agent and you can not notarize your own signature. I have completed these forms, WITHOUT notarizing it, just signing my name and crossing out "closing agent" and writing "Notary Public". To be on the safe size, call and ask :-)

Your other questions were basically answered before, but once again, your best answer is to call Title and ask.

Reply by Brian/CA on 7/15/05 11:44am
Msg #52460

I totally agree with Barbara. I never notarize these. I put a post-it on it telling them that a notary in CA cannot notarize their own signature per the state code 8224.1 in CA. It is a good one to look up in your own handbook. Good Luck!

Reply by Hampton/CA on 7/15/05 12:11pm
Msg #52469

Write in "signing" instead of "closing"

In CA, we can't use the title "notary public" unless it is for notarial purposes. So I just cross out "closing" and write in "signing" and I've never had a problem with it. I see a lot of those documents in Chase packages.

Reply by Les?co on 7/15/05 11:41am
Msg #52459

Leave it alone. let the TC closer fill it out (you probably need to include a photocopy on some kind of photo ID>)

Reply by Sylvia_FL on 7/15/05 11:46am
Msg #52462

OK - if the form has an ack. on it, then you use an ack. (Most states say it is UPL to decide what kind of certificate to use)

On the ID letter, I get those all the time for one company.

I just fill in the info on the borrowers ID and I do not sign it nor notarize it.

Reply by Pete/NY on 7/15/05 12:00pm
Msg #52465

Thank you to all

I had a long discussion with PAW who helped me out greatly too. You all are right. On the ID I know I can't notarize my own sign. Not a problem. I'm just putting in my name, crossing out the duly sworn part, initialing, then crossing out closing and putting signing in its place. Then I will place a sticky on it letting the TC know that in NY, nots cannot certify ID's. This did not require a notarization in any event.

In regard to the Note, I guess VA is funny this way. There's no ack. Instead it says "This is to certify that this is the note described in and secured by a DOT dated 7/13/05 on the property located in Virginia Beach City, VA.

Then a line for the notary to sign.

PAW said to just sign and notarize since it is not an ack. Interesting, right?

On the other affidavits, even so it says duly sworn, etc., just add my loose ack to them.

So I hope I don't write you all from San Quentin.

Reply by PAW_Fl on 7/15/05 3:55pm
Msg #52517

Re: Thank you to all

Pete, as I said, I had direction from our SOS office that it was okay, since this was in the VA statutes or procedures. This "ok" was after the SOS did some investigation. And, as you said in your return call to me, the NY SOS said "NO". This is understandable. Just attach a sticky, stating that your SOS advised you not to sign and stamp (not a notarization) and let title/lender deal with it. There's not much you can do.

How about it VA notaries. What do you all do?

Reply by Pete/NY on 7/15/05 12:00pm
Msg #52466

Thank you to all

I had a long discussion with PAW who helped me out greatly too. You all are right. On the ID I know I can't notarize my own sign. Not a problem. I'm just putting in my name, crossing out the duly sworn part, initialing, then crossing out closing and putting signing in its place. Then I will place a sticky on it letting the TC know that in NY, nots cannot certify ID's. This did not require a notarization in any event.

In regard to the Note, I guess VA is funny this way. There's no ack. Instead it says "This is to certify that this is the note described in and secured by a DOT dated 7/13/05 on the property located in Virginia Beach City, VA.

Then a line for the notary to sign.

PAW said to just sign and notarize since it is not an ack. Interesting, right?

On the other affidavits, even so it says duly sworn, etc., just add my loose ack to them.

So I hope I don't write you all from San Quentin.

Reply by AngelinaAZ on 7/15/05 11:56am
Msg #52464

Pete I know it is confusing.. READ SLOWLY

This answer refers to your 1st question ONLY. The second was already answered by others.

But your KEY is whether or not the document STARTS WITH THE VENUE. If so (and the document contains 'swears', and THEN has an ack at the bottom) you need to CALL and ASK which one they want you to attach. They may say JURAT and they may say BOTH (if that is legal in that state.)

If the document is at the top (it doesn't matter if it says Affidvit or Swears To or anything) and ALL THE NOTORIAL ACK WORDING is on the bottom (including the Venue) then just either complete the ack that is there or if not legal ack wording... attach a state legal one.

Can anybody explain this better than me? Please!!!

Reply by Pete/NY on 7/15/05 12:02pm
Msg #52467

Re: Pete I know it is confusing.. READ SLOWLY

Reply by Pete/NY on 7/15/05 12:08pm
Msg #52468

Angelina

None of them start with a venue if you mean on the top of the page? On the bottom of the doc, yes some have venues others don't. Just say I saw they're license. Visit me in jail.

Reply by AngelinaAZ on 7/15/05 12:26pm
Msg #52472

Call your SOS... notorial division.

Tell them you are confused and ask them if you can fax it and get advice!

Reply by AngelinaAZ on 7/15/05 12:35pm
Msg #52473

Re: I'm glad you figured it out.

If you go to jail I'll send you a toothbrush and a lighter!

Reply by Pete/NY on 7/15/05 4:19pm
Msg #52525

Re: I'm glad you figured it out.

Thanks Angelina. But I probably won't have enough money for toothpaste and cigarettes.