Posted by Veronica_CA on 10/5/05 12:46pm
Msg #68971

Should I have known this?

I performed a loan signing for a 1st & 2nd mortgage. I got a call from the escrow officer stating that there is a requirement from the lender to have the "Request for notice of default and foreclosure under superior mortgages or deeds of trust" that was part of the 2nd DOT signed by the borrower and notarized. The reason I didn't have the borrowers sign this document was that it had one line for the Trustor's signature and I had never had borrowers sign this area before because I was told that it didn't pertain to them. I only had them sign the signature page.

Out of the hundreds of loan signing I've done this is a first. Am I wrong? Should I have known to have them sign here?

Thank you in advance for your help.

Reply by Art_MD on 10/5/05 1:23pm
Msg #68982

Re: Should I have known this? NO

If there wasn't notorial wording, you don't notarize.
The request for notice is filed so that if there is default on the 1st mortgage and forclosure is started, then this is a request that the holder of the 2nd mortgage be notified so he can get involved. Never had to notarize this doc.

If there wasn't a line saying borrower, or their typed/printed name, then it is not up to the SA to determine that the doc had to be signed, much less determine it had to be notarized.

Art