Posted by Ireneky on 2/21/09 6:54pm
Msg #278368

Kentucky Closings

Had an email closing, at the last minute was told that the mortgage could not be email to me due to a KY law that prohibits tihs. That it had to be an original mortgage!! Been doing closings here for 3 years and never heard of this before. Any KY Notaries know about this???
Could be a killer for my career.

Reply by PAW on 2/21/09 7:48pm
Msg #278373

What!!??

Even though I'm in FL, I've done two KY property closings with emailed docs. ANY document that has a 'wet' signature on it is considered an "original", no matter how it was delivered prior to signing.

I would ask the signing service (or title company) scheduler that you talked with to cite the code that states the KY law prohibits the emailing of documents; mortgages or otherwise.

Reply by Ireneky on 2/21/09 8:06pm
Msg #278376

That was my thought

The loan is messed up now. They overnighted the mortgage to the borrower yesterday and guess what it never arrived. I got all the other docs by email, waste of paper, ink and time.
I'm totally peeved.

Reply by Marian_in_CA on 2/21/09 9:59pm
Msg #278389

Re: That was my thought

That's so weird... emailed documents in a portable format are just as good as any other "original" document.

Unless it's some weird Title Company that wants the security instruments signed on a specific kind of proprietary paper, thus the need to ship? Still... it's just for show... a printed doc from email and signed by the borrowers is just as good on 20lb copy paper as it is on heavier security paper or parchment unless the wording on the document itself says that's it's printed on a specific paper.

Reply by Linda_H/FL on 2/21/09 8:15pm
Msg #278379

Irene, was this a signing service or a title company that told you this? Don't want to know name of company - just curious if it was SS or TC....

Unbelievable - hope the borrowers don't lose their rate

Reply by Ireneky on 2/21/09 8:22pm
Msg #278381

TC in CA. If it's not signed by Tuesday they will lose the rate

Reply by Linda_H/FL on 2/21/09 8:24pm
Msg #278382

TC....wow...you'd think they'd know better. Did the borrowers sign the rest of the docs? Wondering here if you're going to get another call to finish the job (i.e. backdating)....

Good Luck with this, Irene....jeez

Reply by Les_CO on 2/21/09 10:20pm
Msg #278391

As I have said before, some people that work for Title Companies, and Signing Services are “not of this planet”. Haven’t any of you seen “Men in Black”? You didn’t think it true? Been to the Post Office lately?

Reply by Teddog/CO on 2/22/09 9:13am
Msg #278399

LOL Les CO How very true :) n/m

Reply by MW/VA on 2/22/09 9:27am
Msg #278400

Amen! Then they try to blame us for the screwups!

Reply by jba/fl on 2/22/09 4:27pm
Msg #278431

Roflmao Les! Best belly laugh of the day! n/m

Reply by dickb/wi on 2/22/09 2:40pm
Msg #278418

i think you will find that they are misinterpreting the.....

statute........when you get an e-mailed mortgage and print it, it is an original mortgage once it is signed by the mortgagor[s]........at that point you can not e-mail it as the register of deeds [wi], recorder, or what ever you have in your state will only record an original document which means the title co has to mail-overnight-hand carry the signed doc to the recorder. if this was a title co they need to get their act together......i would like tohear kevin weigh in on this....jmho

Reply by Susan Fischer on 2/22/09 3:19pm
Msg #278426

Hi, Dick - what about MERS? n/m

Reply by Linda_H/FL on 2/22/09 5:15pm
Msg #278433

Susan - he's referring to recording a photocopy of a

mortgage...I don't know of any recorder in the country who will accept a photocopy for recording unless it's a certified copy and then only of certain documents.

If your state/county/city recorder still requires original documents for recording, as opposed to e-recording, then wet signatures are required. In the ones I've done in CT and here in FL, where MERS is cited, the original mortgage in favor of MERS as assignee was recorded.

Reply by Susan Fischer on 2/22/09 10:05pm
Msg #278459

"...the original mortgage in favor of MERS as assignee was

recorded."

Ahh. Thank you, Ma'am.