Posted by LC/AZ on 9/27/06 5:09pm
Msg #148910

Wife's name was omitted on Deed of Trust

Did a signing the other day about 40 miles away. The signing company says the wife's name was left off the Deed of Trust and could I go back and have her sign. The signature line was only for him and I didn't catch it. (Have been told it is not up to us to police the docs, but......) My question is: When I go for the wife's signature, I'm notarizing the Deed of Trust on the day I do the notarization. Just wondering if all the other docs they signed with a different date is going to be okay?

Reply by LC/AZ on 9/27/06 5:32pm
Msg #148915

Sorry, I meant I'm notarizing with the actual date of the day I notarize. Since all the other docs they signed will have a different date, will it be okay?

Reply by CaliNotary on 9/27/06 6:23pm
Msg #148924

Yes it's ok, but it's not your concern anyway. If there's an issue with the dates it's the lender or title companies responisiblity to figure that out and take the necessary action.

Reply by LC/AZ on 9/27/06 6:36pm
Msg #148931

Thanks, CaliNotary, and would you charge for having to go back or let it go? I got the feeling from the Signing Co. that I should have noticed this and informed the Title company. I sure am learning from the school of hard knocks. Ouch!

Reply by Mindy_WA on 9/27/06 9:17pm
Msg #148966

Re: You should absolutely...

get paid for the return trip. As you know, it is not your job to police the docs. They should have included this on the first set. You have a right to charge a full fee for the return trip, or you may choose to cut them a deal since it is only one signature. It is your business and you should run it ethically and for a profit (as they should). If it was your mistake (ie: the name was actually there and you missed it) then you would probably eat the fee. IMHO. Hope this helps.
Mindy

Reply by LC/AZ on 9/28/06 9:30am
Msg #149025

Re: You should absolutely...

Thanks, Mindy for reassuring me, but guess what I just found out? The borrower is mad and is not going to sign now. When I went to the signing, the wife kept saying she had to go and could I just pull the documents that had her name on it, let her sign, and then, continue on with her husband? So, that's what I did, not noticing that the signature line on the Deed of Trust only had the husband's name typed in, and nothing for the wife. I have a feeling I'm not going to get paid for this one, but, I'm wondering if I should accept responsibility for this falling through? I feel badly, but, believe me, I'll be watching for this kind of stuff next time! Guess that means policing the docs, but, truly, I don't feel that's my role as a notary.