Most title/escrow companies don't request total package fax backs. It's the middle man trying to avoid issues since the signed and notarized documents are sent directly to title/escrow. The climate today is to hire the cheapest notary possible, as evidenced by Snapdocs cattle call offerings, hence, there is very little vetting for the highest skilled, most proficient NSAs. It's completely driven by "how low will they go". Hence, young, inexperienced, lacking in detail, lacking in maturity, showing up in inappropriate dress, with their Chihuahua, their children, their boyfriend, best friend, etc.
I received this query yesterday in a PM and I think it is worthy of bringing up openly since it is relevant topic for all notaries, particularly new notaries, regarding when to write the word TRUSTEE, after the signer's name and other omissions.
"The example you used of calls regarding "trustee" in my opinion are a legitimate question. here's why: maybe its differences between our states but I have probably a 50/50 split with EO wanting it written while the others just as adamantly say to sign name only.
"If the EO would include specific instructions in their files regarding trusts, poa's etc, there would undoubtedly be a lot less phone calls.
"Why any EO would presume that everywhere things are done just as they do it is a mystery to me. Oh, wouldn't it be nice if the whole country did it the same way?!"
What has worked for me is to develop a strong rapport with escrow officers and loan officers and work closely with them and their assistants to understand what they expect. I frequently receive notes on packages reminding me of "no trustee", get a cashiers' check, make sure they sign everywhere, especially if property is being held in a trust. there can be as many as three signatures, as borrower, as trustee, as settlor, to Deed of Trust, Intervivos Trust Rider, PUD Rider, Adjustable Rate Rider, etc. Sometimes the signature block will float over to an additional page, and can easily be overlooked.
In my area, folks generally hold title in their trusts, or an LLC, or partnership. It is incumbent on the Lender, not Title/Escrow, to communicate if people need to sign their title, trustee, officer, partner, not for us to guess. I always clarify this when accepting an order. Most lenders DO NOT require the title after the signature.
It is important that the notary accepting the order CLARIFY with the HIRING PARTY if the title is to be written in on the signature line.
It is not up to us to decide. Always ask.
The number of instruction pages present in a loan signing page these days is growing. Simple stuff, like, 1003, RTC, note, deed of trust, picking up a check or asking for wiring instructions, completing the ACH payment form, which may be why interest rate is lower, and it is mandatory.
The EOs I work with tell me all the time, they can always count on no missed signatures, that I'll be one time or call I'm running a little late, etc. It doesn't always happen when they hire out of area notaries through Signing Services. if NSAs are driving across one or two counties to get to the borrower on time and hit traffic, well, there you have it, they could be hours late if there is an accident or during peak travel hours.
Many signing services don't even preview the documents before they assign and forward on to the notary. They just copy the documents onto their hard drives and forward either encrypted or not, as a PDF.
One of topics that came up is how often the EOs are hit up by brokers to hire their spouses, daughters, girlfriends, etc. to be an approved notary with the escrow/title company. If they are licensed with the DRE as RE broker/licensee, loan officer, even loan processor, there is a conflict of interest and they will not be approved for direct work with escrow/title. It's awkward at best to work with someone who is bringing in purchase/sale transactions and loan escrow files. So this escrow/title company has a strict rule about not hiring folks they have a fiduciary relationship with.
Most common areas EOs see when the signed documents come back from the table signing:
Missed or incorrect signatures: Given that the growing amount of paperwork is part of the Signing Agent’s job, it’s easy to miss a client’s signature at some point. Missing or incomplete signatures can cause a major hassle at funding. Despite our efforts to slow down a signing and explain the need for name matching on documents, a client may chose to rush ahead and sign all the documents — incorrectly. It's the NSA's job to make sure the clients sign as their name appears on the documents, always and consistently. Strike outs and overwrites must be initialed.
the best policy is always make sure you do not allow your signers to rush you at any closing. We must be the one in control of the signing at all times. Always check each document after each page is signed and once again before leaving the signer’s location. This procedure really cuts down on errors and saves time, especially at month end.
Ranking high on most NSAs’ lists of errors involves packaging and shipping of critical loan documents. Shipping company has been known to reverse the labels on multiple packages. Inadvertently dropping a FedEx shipment into a UPS package, missing a pickup deadline can cause delays. The driver will place it in the correct bin, but may not happen as it is supposed to.
I don’t leave the label and the docs with the shipping agent, since the information is confidential and we are relied upon to keep it that way. I always put the docs in the envelopes myself and seal it, so if anyone is to blame for any errors, it’s me.
Unexpected catastrophes (added drama): From a printer issue, to inclement weather, to car issues, traffic issues, the dilemma for many mobile notaries is to expect and be prepared for the unexpected. One good thing to do, in case of flat tires, dead batteries, computer/printer bloopers, or other emergencies, is to have the phone number of another NSA that you can recommend if you’re unable to keep the appointment. Actually, clients care far more about how you resolve a problem than the details that got you there in the first place.
And most common mistakes/oversights/omissions that causes RECORDABLE DOCUMENTS to be rejected by the county recorder (from the Recorders Association of California):
Notary seal is not photographically reproducible, is stamped over printed verbiage, or is missing from the document altogether or stamped in the 1" margin of the page.
Title of officer taking acknowledgment is missing (example: the words “Notary Public” are not printed after the name of the Notary)
Notaries Public are using outdated forms (non compliance with California Civil Code requirements) Signature and/or notarization is not original
Venue is improperly completed or missing altogether
Names listed on the acknowledgment forms are misspelled or do not match what is listed on the document (example: "John William Jones" is listed on the document, but "John Jones" is listed on the acknowledgement form)
Expiration date is missing from the Notary seal (some states require the expiration date)
Notaries Public attaching non compliant, noncurrent notary certificates to documents (example: acknowledgment attached to affidavits instead of verification or verification attached to Deeds instead of an acknowledgement)
Names of party or Notary are entered on the incorrect line (example: signer is identified as Notary and Notary’s name where the signer’s name should be written)
Alterations made to acknowledgment using correction fluid or other means that would raise suspicion.
Competency and reliability are two of the most invaluable characteristics in a signing agent EOs want to work with to close their files in a timely, effortless manner, 100% of the time. No drama, just do the job right the first time and move out to the next gig.
No signings today, heading out for my annual physical and then to the mineral hot springs, lunch in Pismo and try to unwind from this month end. Over the top.
