Posted by CLBM on 11/13/04 9:34am
Msg #11251

help signing this morning

I have a certification of trustees under trust in with a loan package, which I have not done before. I am in Texas. Just want to make sure it is filled in correctly. says

1. Declarant(s) certify the existance of the following described Trust and state that he/she/they are all of the current trustee:
Name of Trust_________________
Date of Trust_________________
Trustor/Settlor________________
Original Trustees______________
Trust Identification, SS or Employer ID No._____________

No. 2 I know what goes there

3. Declarant(s) state that the following named trustee(s) is/are fully empowered to act for said Trust and is/are properly exercising his/her/their authority under said Trust in neotiating for, contracting for and executing the document(s) identified below, and that no trustee(s) other than the following are necessary under the Trust to sign said document(s):
Trustees to authorized to sign_______________
Nature of Document______________________
Date of Document_______________________
Nature of Document_____________________
Date of Document_______________________


Thanks for all help

Reply by Jon on 11/13/04 9:54am
Msg #11252

It is not your responsibility to make sure that the Cert of Trust is filled out correctly. It requires information that you have no way of knowing. That said, just fill in the blanks, each blank tells you what needs to go there(name of trust, date, ID #, ect). The borrower should have a copy of their Trust and it will contain all the info.

Reply by CLBM on 11/13/04 10:04am
Msg #11253

Thanks for the input, I know that I can't tell them what to put in the blanks, I just wanted to get a feel for the doc. before I go out with them.

Reply by BrendaTX on 11/13/04 10:23am
Msg #11254

CLBM, The background that brought me to this wonderful world of ours is working for a Probate and Real Estate attorney. If you want to fax a copy of that page to 877-548-2536 I will see if I can see if there is more to it than what I think is requested. I'll post another post with my observations below.

I agree that it's not out job to get that info, but these words can be intimidating to the Signers--I understand your concerns that you get a feel for the requested info.

I also have a signing I'll be leaving for around noon.

Reply by BrendaTX on 11/13/04 10:49am
Msg #11261

Tell signers to refer to the trust agreement which they surely available(?)...

1. Declarant(s) certify the existance of the following described Trust and state that he/she/they are all of the current trustee:

Name of Trust_________________
(May look something like "Irrevocable Trust of Harry Potter" but should be stated on the trust instrument. Surely these folks will have a copy or know what's going on. If not. I would not offer any help except to point at each blank and ask them to complete it and remain mute.)

Date of Trust_________________ (Date the trust instrument was created or signed.)

Trustor/Settlor________________ (Refer to the Trust instrument)

Original Trustees______________ (May or may not exist)

Trust Identification, SS or Employer ID No. (Is probably a number that has been applied for depending on the type of trust and how long it's been around.)

No. 2 I know what goes there

3. Declarant(s) state that the following named trustee(s) is/are fully empowered to act for said Trust and is/are properly exercising his/her/their authority under said Trust in neotiating for, contracting for and executing the document(s) identified below, and that no trustee(s) other than the following are necessary under the Trust to sign said document(s):

Trustees to authorized to sign _______________ I'd point to this if it were me and say, "I'm sure you folks probably have this information. If you are not sure, we need to call someone, or take a few extra minutes for reviewing the documents until you feel you understand the purpose of this blank." I think this will be obvious to your signers.

Nature of Document ______________________ CLBM, this SEEMS to be asking for "Deed of Trust" or "real estate conveyance instruments"

Date of Document _______________________ Date of the above

Nature of Document _____________________ Since there are two, I'd " GUESS "they are looking for the title of documents. The loan documents provide for corrections of errors. Refer to this if they don't know what to put in it and you don't have anyone to call. Ask them to fill it in as best they can. I then assure the signers that they have 3 days to look over docs (if true) and they should get some input from a lawyer to make sure they have filled it in correctly.

Date of Document _______________________

DISCLAIMER: All this is only an attempt to share ideas which may or may not be valid. Consider this to be worth nothing more than the ravings of a lunatic or statements from a person who is a compulsive liar in all settings.

Reply by Brenda Stone on 11/13/04 11:16am
Msg #11262

Regarding: Original Trustees______________ (May or may not exist) - I should have followed that up with if the current trustees are the only trustees the signers should know this and that the current trustees are the original trustees. I was thinking about a trust document I remembered where the first trustee had passed away.

Reply by CLBM on 11/13/04 10:17pm
Msg #11284

Thanks Brenda for all the info. Sorry I just got back in from a long wet, rainy day full with signings. Wouldn't get all those calls on a sunny warm day. But here in Tx. you know it just might be snowing tomorrow. Oh well, the gentleman knew just what to do, he zipped right thru it. Now I will know what to expect. New papers are uncharter waters just waiting for you to choke up on. But having people who might have seen some of them helps alot. So again thanks alot.

Reply by BrendaTX on 11/14/04 10:45pm
Msg #11327

Now, I am asking for input...

CLBM -

At Msg #11321 I posted a query that I'd like Texas input on if you have a minute. See what you think about this problem I have encountered with Four Ack's requested.

Whenever you have time.

Thanks, Brenda.

Reply by Cassie-Calif. on 11/13/04 9:09pm
Msg #11281

Brenda - I just had to post and say I love your disclaimer - very funny!

Incidentally - I notarized some of these types of documents a couple of weeks ago for an elderly woman who was very lucid - but could barely see.
That presented a problem, because although she had her living trust documents - she did not know who was the "settlor", etc...
She took out her trust folder - and, knowing that I was not supposed to tell her what to put in the blanks (and there was no attorney, etc., available to assist her over the phone) - I had to read the documents in the trust, then ask her how she wanted to complete the docs - since she couldn't see well enough to fill in the blanks (she was able to sign her name - but with great difficulty).
I have these types of situations every so often, particularly with the elderly who state that they want to dictate info. to me and ask that I complete such and such a document . I always communicate to the client the circumstances surrounding a signing.
Thank you for your input.

Reply by BrendaTX on 11/14/04 6:57pm
Msg #11315

And, thank you, Cassie, for the insight into your experience on this topic. I have learned a good bit from this thread from you and others posting in response here and on the other boards.

Glad you liked the disclaimer - however, it's really the truth for anything we read on the forums. All of us have to do our own due dilligence for credible sources.

About "funny" ... well...I am just glad my parent's phone numbers are not available now like they were when I was a student. I know everyone does not appreciate humor. Thank you for tolerating me here better than my 8th grade Earth Science teacher did.