Posted by RoadRunner on 7/28/04 12:55pm
Msg #5126

Re-Execute DOT...Help!!!

The escrow company I work for call and said that title co. has lost the original notary execution sheet on the DOT of a loan I did last week. Escrow still has a photo copy it. They are asking me to re-execute one before noon so the file can get recorded. How do I go about this as far as dating and making any neccessary note?
Please help, TIA

Andy

Reply by BrendaTX on 7/28/04 4:08pm
Msg #5128

I do not do that. It's better to have one's notary commission, lose business, but still be able to find additional business as a signing agent than to do something that is not exactly ethical.

I would have the entire DOT sent back to me and go to the borrowers to re-sign it. To show that I was a team player signing agent, I'd probably offer to do it for no fee--if the company was important to me. But as a notary, you could probably lose your commission if the act was called into question. Once you ever compromise your integrity as a notary, you leave yourself open for being prevailed upon to do other things that will be questionable.

Do not take my word for the right way to do things. See what your state's laws say about executing a jurat or acknowledgement without having the document and signers in front of you for the same because that's basically what you are being asked to do. The copy of your original certificate seems to be beside the point.

Reply by RoadRunner on 7/28/04 4:31pm
Msg #5129

Thank you Brenda,

I did consult with another notary in the area with 7yrs experience and an escrow officer at a different title company for proper guidance.

Reply by CA_Notary on 7/28/04 4:44pm
Msg #5130

So don't leave us hanging, what are you going to do?

Reply by BrendaTX on 7/28/04 4:45pm
Msg #5131

Good idea. I hope all goes ok and to the least of problems for all concerned. I am pretty conservative and prefer to err on the safer side.

Reply by RoadRunner on 7/28/04 10:56pm
Msg #5156

Sorry to leave you hanging,

What's missing was the loose notarized certificate at the end of the DOT (page14/14). The escrow company (a law firm) sent me an exact same copy to redo and assured that this is a normal procedure. The certificate has the borrowers name who signed on the previous page (13/14).

I also got the ok from the people I consulted. I was adivised to get names and comfirmations from those who requested the certificate, which I did. Also, to make a note in my journal.

The doc was at a local title company (I did examine) with all the paper work ready for recording at the courthouse few blocks away.

Anything else I should have done?