Posted by kcnotary_KS on 12/28/04 11:24pm
Msg #14754

Lender asking for Certified Copy

The lender is asking for Certified Copies of some signed docs to be returned directly to them and others to Closing Agent. How is this usually done?

Should I bring an extra copy for borrower's signature and notarize if necessary. Then stamp "Certified Copy" on it?

Or should I make a photocopy and notorize it as a certified copy of an original? Wouldn't it be a conflict if I certify a document with my own signature on it?

Reply by BrendaTX on 12/28/04 11:49pm
Msg #14763

The way my rules read in Texas, I believe I can do it either way. The wording for certifying a copy is set by the state.

Some states cannot certify a copy at all, if I remember correctly.

Reply by hey brenda on 12/28/04 11:58pm
Msg #14765

Wow Brenda... you sure know lots of stuff... how long have you been doing this? Your name is in almost every post!

Reply by BrendaTX on 12/29/04 12:12am
Msg #14770

Hey Brenda said:"Wow Brenda... you sure know lots of stuff... how long have you been doing this? Your name is in almost every post! "

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I know a little bit of stuff about a lot of things...for instance, would you be interested in how much lye it takes to make a pound of soap if you are using Crisco, olive oil and castor in a 2:1:1 ratio?
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You see my name all the time because I don't have a real life and like to pretend I have some importance by causing my name to be posted repeatedly on NotaryRotary.com.
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I have only been doing this for about a year now. My background is in mortgage processing/real estate law office/my parents were small developers and I have spent lots of days bored silly in title companies waiting for my parents to get business taken care of.

Reply by Ted_MI on 12/29/04 9:50am
Msg #14825

Well, the reason that Brenda's name seems to be in every thread is twofold; first, given her background as a legal secretary, she can type like a banshee! Secondly she believes that she has something meaniningful to contribute. The latter point I suppose is open to discussion (LOL)

Reply by BrendaTX on 12/29/04 11:48am
Msg #14846

Ted-MI said: "The latter point I suppose is open to discussion (LOL)"

Be careful, Ted. I knew ye when ye were but a lawyer and a new signing agent.

Reply by Jon on 12/29/04 9:50am
Msg #14824

When I worked at the title company, "certified copy" had nothing to do with notarization. I had a stamp that said "This is a true and correct copy of the original" or something to that effect. I would make a copy of the DOT, stamp each page, and initial. I was not certifying it as a notary, but as an individual. Check your state laws to see if you can notarize certified copies. In CA we can't, unless it is a POA or journal entry to the the SOS.

Reply by DarleneAZ on 12/29/04 2:00pm
Msg #14873

Same thing for me when I worked in escrow. I would stamp the DOT and the note with a stamp and initialed it.

Reply by kcNot_KS on 12/29/04 7:19pm
Msg #14916

Yes, Kansas does allow NP to certify copies with limitations. I'm thinking too that copies stamped with "certified true copy" doesn't mean that it is certified a true copy by an NP. If I was to notarized a document (already with my notary seal) and say that it is a true copy, I think that would be a conflict of interest.

I wasn't able to call the lender. But they sent me another set of docs (this time by overnight) for a different closing and they included an extra copy of the mortgage stamped "certified true copy" for borrower to sign and me to notarize. I figure this is what they need although I feel a little uncomfortable to have duplicate copies floating around with original seals and signature.

Reply by Bobbi in CT on 12/30/04 7:31am
Msg #14962

Duplicate Originals ...

I have seen many duplicate original Mortgage Deeds - some are stamped "Duplicate Original" and some aren't. Not legal advice etc. but from practical experience: I write in Pencil in the upper right corner, "duplicate original" on one set.

Why a duplicate original: When selling loans purchasers require a certified copy of the original signed mortgage deed. In cases where a certified copy is not practical or time efficient (i.e., copy of mortgage deed is being sent to loan purchaser simultaneously with recording package to title company or it's faster Not to have staff remember to pull out of package, photocopy and have lender officer add certification and signature to mortgage deed), loan purchasers received a "duplicate original," which meets its records requirements until the recorded original is received.

Also, the "one to use and one to lose" theory. If the mortgage deed sent to the title company or recorder is lost in transit, there is another original that can be sent out for recording. This eliminates the 6-month to 1-year later (when auditor discovers recorded original mortgage deed is missing from loan records file) "oops" call to a Notary Signing Agent to go to a borrowers home and explain why borrower must sign a duplicate of a mortgage deed that they already signed. .... Just based on oldie real estate industry experience, not necessarily the "norm" or the best way.

Reply by BrendaTX on 12/30/04 7:44am
Msg #14964

Re: Duplicate Originals ...

Bobbi, Thanks for posting this. It's the kind of wisdom I love to hear on these forums.
Brenda

Reply by Bobbi in CT on 12/29/04 12:27pm
Msg #14851

Certified Copies ...

In CT a Notary Public CANNOT certify a copy of a document. Does KS allow its Notaries Public to certify copies?

That said, check the instrutions. It is possible the "closing agent" (aka title company or whoever is receiving the completed loan package) is preparing the certified copies. Are the instructions specific to the Signing Agent or to the person that is receiving the package from the Signing Agent? It doesn't hurt to call the scheduler you are working with either.