Posted by cheryl/md on 6/11/08 9:14am
Msg #250759

Deed of Trust Notarial Paragraph

I have a situation with this new signing company.
They wanted me to sign both notarial paragraphs for the DOT. The first is for the borrower appearing before the notary. the second notarial paragraphy is for the agent.
I keep explaining that there was not an agent before me, so I cannot notarize a blank notarial act or something that did not happen. I notarized the first paragraph which states the borrower personally appeared before me. not the 2nd, which states an agent secured the DOT.

Am I missing something?

Reply by MistarellaFL on 6/11/08 9:26am
Msg #250760

I'm not sure what you mean by the second papagraph??? Maybe an assignment of mortgage???
http://www.freebusinessforms.com/forms/10/form822.htm

I have had a few companies misunderstand the assignment of mtg. and ask me to notarize,
but of course, that is not possible. you as a notary are there to notarize signatures, and if a signature is missing, you cannot complete the block.

Reply by Sylvia_FL on 6/11/08 9:29am
Msg #250762

If they insisted I would have told them I would be happy to notarize the agent's signature, just have the agent come to me with proper identification and acknowledge they signed it.

Reply by Loretta on 6/11/08 9:48am
Msg #250764

Re: Deed of Trust Notarial Paragraph...Hi Cheryl...

They try to do this to me too but I never do it and send it back.

For those of you that don't know, it's the second block that requires notarizing on the deed of trust in Maryland, one paragraph you notarize that the borrowers appeared before you and the other paragraph gets notarized that the agent responsible for the disbursement of funds appeared before them.

Unless you are doing it at the title companies or attorneys office, we (notary at cloing) rarely ever see these people.

Reply by WDMD on 6/11/08 1:52pm
Msg #250812

"I have a situation with this new signing company.
They wanted me to sign both notarial paragraphs for the DOT. The first is for the borrower appearing before the notary. the second notarial paragraphy is for the agent.
I keep explaining that there was not an agent before me, so I cannot notarize a blank notarial act or something that did not happen. I notarized the first paragraph which states the borrower personally appeared before me. not the 2nd, which states an agent secured the DOT."


Refer the signing company to page 18, paragraphs 44-46 of the Maryland notary handbook, which details the affidavit of consideration for Maryland Deeds of Trust.