Posted by Diana Gall on 9/14/06 5:45pm
Msg #146167

What to do if it is an owner occupacy loan and they don't

occupy the house. They live somewhere else and rent that home to someone. What would you do? Have you had this happen. I just turned down a closing because I thought this was the case. I couldn't pull up the loan docs to be sure. I don't like making companies mad at me, but I used to be an agent and I know more about the real estate laws than most notary's. I don't want to get in to trouble over $100. What about you guys?
Thanks,
Diana

Reply by Merry_CA on 9/14/06 6:13pm
Msg #146178

It is the notary public's job to properly ID the signer(s) and be an impartial witness to the signing. That is all. Take off your real estate hat, it will cause you grief and possibly get you in trouble if you try to second guess why a loan is proceeding the way it is. Don't assume anything. If you suspect that a fraud is being committed call the TC.

Reply by Charles_Ca on 9/14/06 6:17pm
Msg #146179

Exactly Merry, I don't see how you could get into trouble

if the borrowers lied, all you are doing is stating that the borrower signed the document, they own the lie. Good luck!

Reply by Diana Gall on 9/14/06 6:20pm
Msg #146182

Re: Exactly Merry, I don't see how you could get into trouble

That is what I was wondering. I still want to know 100%. Can anyone tell me who I need to contact?
Thanks,
Diana Gall

Reply by Charles_Ca on 9/14/06 6:32pm
Msg #146184

Talk to your own attorney, but even he will tell you

it's his opinion, I have no idea how you will ever know 100%: laws are constantly subject to interpretation. I think at some point in time common sense has to come into play.

Reply by Diana Gall on 9/14/06 6:58pm
Msg #146190

Re: Talk to your own attorney, but even he will tell you

I guess your right. Common sense tells me I shouldn't notarize a lie. Thanks for your input.
Diana

Reply by Kate/CA on 9/14/06 7:21pm
Msg #146193

Re: Talk to your own attorney, but even he will tell you

You don't have anyway of knowing if the borrower is going to move in after loan closes. I don't feel it is my call to do anything at the time of the signing. I'm certainly not going to question a borrower as to his intentions, not my place.
Some lenders verify occupancy, they can call the loan if they find fraud.

Reply by SueW/Tn on 9/14/06 7:41pm
Msg #146199

We don't notarize documents, we notarize signatures n/m

Reply by CaliNotary on 9/14/06 7:56pm
Msg #146202

Common sense should tell you

to listen to the 5 different people who have all posted the same answer in this thread.

Reply by NotaryGirl71 on 9/14/06 7:54pm
Msg #146201

You are there as an impartial witness. It is NOT your concern if the house is o/o or n/o/o. Your job is to act as a notary signing agent period!

Reply by Linda_H/FL on 9/14/06 7:57pm
Msg #146203

Re: How do you handle the Occupancy Affidavit?.. n/m

Reply by christiSocal on 9/14/06 8:12pm
Msg #146210

Re: How do you handle the Occupancy Affidavit?..

All you're doing is giving the person the oath and notarizing that the person signed that doc after taking the oath. Nothing else. I probably would let whoever sent me know what I saw. But after that, NOT my business.

Reply by Linda_H/FL on 9/14/06 8:18pm
Msg #146211

Re: How do you handle ...thanks Christi..:) n/m