Posted by Becky/KS on 4/13/05 1:48am
Msg #31386

Strange certificate..perhaps pertain to VA

Did a signing tonight. At the bottom of the note, there is what appears to be a notarial wording I've never seen before.

It reads...

This is to certify that this is the Note described in and secured by a Deed of Trust dated xx/xx/xxxx on the Property located in the county of Fairfax, Virginia.

My commission expires:

________________________
Notary Public

Anyone seen this before? The property is located in VA, does this pertain to VA law? I did not sign it of course but I am wondering if anyone knows what this is. Lender is Amer. Mortgage Express

I don't see why it is the notary's responsible to certify what Note belongs to which DOT.

Reply by Reggie on 4/13/05 6:36am
Msg #31393

That's a new one on me but I've only been in the business since January 19, 2005.

Becky_KS where are you in kansas I am also in Kansas I am in Great Bend if you will click on the orange dot beside my name you will see my profile and if we are located close to each other I would like to meet you and get to know you. That way if we can get to know one another better we maybe can help one another with problems or anything.

my email address is [e-mail address]

Let me know if I can help you in anyway.

Reggie
Kansas

Reply by Sylvia_FL on 4/13/05 8:02am
Msg #31400

Yes, that is peculiar to VA

Go to this thread on the GMN board and read the few answers there.

http://members.boardhost.com/gomobilenotary/msg/172350.html

Reply by PAW_Fl on 4/13/05 8:28am
Msg #31405

>>> I did not sign it of course <<<

I do sincerely hope you called the SS and/or title company that assigned you the job for directions prior to sending the docs back. This "certification" is unique to VA, as far as I know, and I don't know if the loan will fund without it being completed.

If you haven't already, I suggest you give the SS/title company a "heads up" call to let them know as this may certainly be a show stopper on their end.

Please let us all know what they say and/or what actions are going to be necessary for this. It may be a learning experience for many of us.

Reply by Art_MD on 4/13/05 8:47am
Msg #31407

Re: Strange certificate..different states - different rules

I don't know the notary laws in KS, but here in MD we can only notarize signatures. We cannot certify anything as a notary.
Never having done a closing for property in VA, I've never run into this form.
I have run into a form out of CA (an ID form) where there is no place for the borrower's signatures, but a place where they request ".. certify that the above (referencing the borrowers) presented sufficient evidence that they are the persons ..".
What I've done is use a different ID form I carry.
Also, on a couple of other forms, where the notorial wording was correct, I've just had the borrowers sign in an open area of the form.

Some lenders include forms that are correct for their state, but not acceptable in other states (as to notorial wording, or certifying).

Art

Reply by Becky on 4/13/05 11:15am
Msg #31446

Yes, PAW...I did send an email to the SS last night. I asked if they would want me to attach an acknowledgement cert instead. Waiting for reply. Will keep you posted.

Reply by Joseph_CA on 4/13/05 11:29am
Msg #31453

On this particular form could you just sign the form as a witness but without your notary seal?

Reply by Sylvia_FL on 4/13/05 11:30am
Msg #31454

Becky
I saw on the other board where someone says they attached an acknowledgment. But, I have been thinking about this. What can you put on the acknowledgment??? The acknowledgments are to notarize the borrowers signature. It wouldn't fill the purpose of certifying that that is the note for the mortgage.

This is a strange one, and I am glad I have never come across it.
Think this is something I will check with the ASN

Reply by Ninna_La on 4/13/05 2:09pm
Msg #31483

We have something similar in Louisiana. It is to identify the note to the mortgage. As Paul said, you may run into some problems if you sent it back unsigned without a phone call.

Reply by Stephen_VA on 4/13/05 5:15pm
Msg #31516

Does pertain to VA

Took me all day to find it again for my own education, but...

This is a modification to the standard Fannie Mae documents that is allowed for Virginia.
You can find the specifics at the link below. I would doubt that the person creating the document added it just for kicks. This is also in the FHA model note for Virginia.

Virginia's notary laws state that the notarization is valid if it uses a form that is valid "where the notarization was performed". A Virginia notary can also "perform such acts as specifically permitted by law." I just can't find the law that allows the reference type of notarization, but since the FHA and Fannie Mae publish this modification in their document models, I believe it does exist somewhere.

http://www.efanniemae.com/singlefamily/forms_guidelines/mortgage_documents/frmarmnotes.jhtml?role=

Reply by SHannon/Va on 4/13/05 6:43pm
Msg #31528

What it means is that the note is the same as the deed of trust document being recorded. They want to be sure the paperwork all applies to the same property and that the note information is the same as the recordable deed of trust.