Posted by PhilipAZ on 12/17/04 8:17am
Msg #13894

Quit Claim Question

Howdy folks. I've been learning so much from you guys from reading the archives.

Here's a question for y'all.

I am doing a quit claim deed package today.

Included is an "Affidavit of Property Value" which has a jurat. However, the document is not filled in. I am assuming that a quit claim deed may not require an affidavit of property value and this is an extraneous paper. Anybody have experience with this?

Thank you.

Reply by PAW Notary Services on 12/17/04 8:36am
Msg #13895

A Quit Claim Deed is a document that may stand by itself.

An Affidavit (of any type) usually can stand by itself as well. An Affidavit of Property Value is a sworn statement by the affiant that the property has a certain value.

As with most documents, you cannot notarize the signature (acknowledgment or jurat) on a document that is false, incomplete or blank. Therefore, in response to your question, before the affiant signs the affidavit, all portions of the document must be completed. How else would the affiant be able to swear to the information if there's none or can be filled in later?

Call whoever gave you the assignment for instructions on how to proceed. The document may seem extraneous to you, but an NSA cannot make that determination. If there's a document in the package, it gets signed (assuming signatures are required) if legally able to. Never question the content of a package with the borrowers, only with the SS assigning the job, the title company or the lender.

Reply by Ted_MI on 12/18/04 7:58pm
Msg #14063

Paul,

In your third paragraph, you stated that "if there's a document in the package, it gets signed".While I agree with you in general terms, I think now and then there is an exception. I was handling the signing of a HELOC, and there was a four page condominium rider. The fourth page was a witness notarization form. I disregarded it for two reasons: one Michigan is not a witness state, and secondly I was the only other person there and obviously there was no way I could notarize my own signature. Apparently the same condominium rider form is used for signings in various states.

Incidentally in later signings (for the same company) in which a condomium rider was enclosed, a vertical line had been drawn through the fourth page of the condominium rider.

Reply by PAW Notary Services on 12/18/04 10:21pm
Msg #14074

Yes, there are exceptions. Always will be, and that's where experience comes in. As signing agents mature and season, they will know what's right and what's absolutely wrong and can handle the situation accordingly. One should not make pure blanket statements when there are so many variances and varieties of packages. <Slapping self on wrist.>

In the CitiBank HELOCs, there always seems to be an "Affidavit of Continuous Marriage", even if the signer (singular) is not married, never has been, and is the only one on title and vested on the mortgage. Obviously, this document cannot be signed, even though it is in the package.

Reply by DarleneAZ on 12/17/04 9:58am
Msg #13902

Philip,

I would contact escrow and see what they have to say. They may just have you send it back blank as they are authorized to sign for the buyer/seller and have it notarized at the office.

Hope business is going well for you!