Posted by Hugh Nations Signing Agents of Austin on 6/24/08 11:49pm
Msg #252841

Conversation with an out-of-state title company about a

mortgage release they needed signed in Texas:

"There have to be two witnesses. You can be one of them. If there's no one else available, we'll just witness it here in the office."

The office was 950 miles away from the signing.

Reply by CopperheadVA on 6/25/08 6:25am
Msg #252847

When ID didn't match name on docs (maiden name vs married name thing) twice I've had a TC say that I should go ahead and have borrowers sign everything, and TC will notarize back at the office, which was in another state.

Reply by Teresa/FL on 6/25/08 8:38am
Msg #252857

Did you do as they requested?

If so, you were a party to an illegal notarization.

By collecting the signatures and sending the signed documents to the TC, you allowed them to illegally notarize those signatures. If the borrowers ever have a problem with the lender and this situation comes to light, you may be in a very uncomfortable position.

I would have refused. If the TC insisted I leave the documents with the borrowers, then they could sign them and send them in themselves. I do not want to be associated with a transacton that is breaking the law, so I would look up the recorded mortgage and report the notary to the SOS.

Reply by CopperheadVA on 6/25/08 9:18am
Msg #252861

Re: Did you do as they requested?

<< By collecting the signatures and sending the signed documents to the TC, you allowed them to illegally notarize those signatures. If the borrowers ever have a problem with the lender and this situation comes to light, you may be in a very uncomfortable position. >>

Why are you making the assumption that I complied? I never said that. Did you make the assumption that Hugh complied with his request? Honestly, I hate the way people on this board constantly jump down someone's throat based on assumptions.

Reply by Teresa/FL on 6/25/08 12:36pm
Msg #252897

Re: Did you do as they requested?

I did not assume you complied, I asked if you had and then pointed out the problem with doing so.

Your post did not indicate what your response had been to the request.

Reply by Julie/MI on 6/25/08 8:24am
Msg #252856

That was the attitude of the title companies in my state as well. The witnesses were merely a recording requirement; they didn't really HAVE to witness the signature.

This became so annoying that the title companies lobbied the state legslature and basically told them no one really witnessed so now we don't need witnesses on recordables since 2003.

No, I am not kidding.

Reply by Vince/KS on 6/25/08 1:10pm
Msg #252907

Attornies here might argue that having witnesses may be a violation signers right to privacy. Maybe they already did - no witness requirement here .