Posted by Anonymous on 4/28/05 2:30pm Msg #34628
the beauty of being new/ca
being new at this I just got my first refi signing. I have a decent knowledge of the docs. But I have never seen the Identification Affidavit. I understand it's purpose. I just am trying not to second guess my self on the notorial wording. It has the notorial wording above where the borrower fills in his dl information, then below that my place for sign and stamp. Is that correct for CA? It was my understanding that the notorial wording always goes beneath the information to be notarized or a loose ack attatched. Later on in the package I saw an ack that didn't have the line for my name. it says "before me, , appeared". The docs were so late that the borrowers rescheduled for this evening which will give me time to look over the whole package and get prepared. Does anyone have a sample Identification Affidavit? I'm gonna search it also.
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Reply by ERNA_CA on 4/28/05 2:39pm Msg #34630
Email me or cal me I will help you our.
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Reply by ERNA_CA on 4/28/05 2:41pm Msg #34632
Best if you can fax it to me so I can see what it looks like.
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Reply by Joan-OH on 4/28/05 3:29pm Msg #34644
Keep in mind....
You are not "notarizing the information", you are notarizing the signature/signer. Do they sign this form?
Joan-OH
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Reply by ERNA_CA on 4/28/05 3:55pm Msg #34650
Re: Keep in mind....
This was a new one. Notary asked to swear to a fact and notarize her self. Oh my
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Reply by ERNA_CA on 4/28/05 5:10pm Msg #34671
Re: Keep in mind....re fax.
CA dose not give us the authority to certify or swear to as to a document being genuine, and we can defiantly not notarize our own signature.
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Reply by Dave_CA on 4/28/05 5:52pm Msg #34675
does your doc look like this?
FORM OF IDENTIFICATION AFFIDAVIT/ MORTGAGORS
STATE OF: ¬¬¬¬¬¬ _____________________
COUNTY OF: _____________________
On this the _____day of ___________, 20____, before me __________________________________, a notary public, the undersigned officer, personally appeared the following:
______________________________________________ (Mortgagor’s Name)
______________________________________________ (Co-Mortgagor’s Name)
Known to me (or satisfactorily proven) to be the person__ whose name __ __he__ subscribed to the
within instrument, and acknowledged that __he__ executed the same for the purposes therein contained.
Mortgagor’s Proof of IDENTIFICATION was provided using:
___State Photo Driver’s License ___ State Photo I.D. ___ Other [Describe] _____________________
Name As Shown On ID_________________________________ ID Number_______________________
Issue Date ____________ Expiration Date ____________ DOB ____________
Address _______________________________________________
________________________________________________
SS#_________________ Signature of Mortgagor: ____________________________________
Co-Mortgagor’s Proof of IDENTIFICATION was provided using:
___State Photo Driver’s License ___ State Photo I.D. ____ Other [Describe] _____________________
Name As Shown On ID_________________________________ ID Number_______________________
Issue Date ____________ Expiration Date ____________ DOB ____________
Address _______________________________________________
_______________________________________________
SS#_________________ Signature of Co-Mortgagor: ____________________________________
In witness whereof, I hereunto set my hand and official seals.
_______________________________________ Notary Public
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Reply by ERNA_CA on 4/28/05 6:03pm Msg #34677
Re: does your doc look like this?
No diffrent one. I will email you
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Reply by ERNA_CA on 4/28/05 6:11pm Msg #34679
Re: Dave........email sent
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Reply by Simone E. Lewis on 4/28/05 7:23pm Msg #34691
Re: Dave........email sent
Erna, can you fax to me also. TIA.
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Reply by ERNA_CA on 4/28/05 7:32pm Msg #34695
Re: Simone........email sent.n/m
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Reply by SarahBeth_CA on 4/28/05 7:27pm Msg #34694
the outcome
well I explained that it was against CA law to notarize my own statement or a document that I filled out. I explained that in CA I have to record in my journal the id info and they have to sign it in order to notarize any document. They said ok they will get another notary. I told them "I'm sorry I would like to do the job but cannot". Another gentleman called back and asked me if I could still do it and what was the issue. I explained it. He said he would consult someone and get back with me. He hasn't called back yet but I would be happy to do the job in a lawful manor if he did call.
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Reply by ERNA_CA on 4/28/05 7:34pm Msg #34696
Re: the outcome
I would be very surprised if they find anyone in their right mind to do it.
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Reply by SarahBeth_CA on 4/28/05 7:57pm Msg #34704
Re: the outcome
a good lesson in knowing your laws, not second guessing yourself, and not letting them treat you like you don't know what your talking about...
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Reply by ERNA_CA on 4/28/05 7:59pm Msg #34705
Re: the outcome
Title companies are suppose to be up on the laws.They said this form came from Title, now that is scary.
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Reply by SarahBeth_CA on 4/28/05 8:29pm Msg #34709
Re: the outcome
I'm not sure if it was for title, mortgage or who. It was for one of the parties other than the borrower or I. Maybe an attorney, I'm not exactly sure. But they said "third party".
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Reply by ERNA_CA on 4/28/05 9:05pm Msg #34714
Re: the outcome
Would be very surprising if it is a Title co. They usually have in house notaries, so they would be up on the laws and regulations for notaries.
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Reply by SarahBeth_CA on 4/28/05 11:48pm Msg #34759
it just keeps getting better
so after all this the evening began. Today is my daughters 12th birthday. We celebrated with pizza and a movie (Lemony Snickets). Halfway thru she barfed all over the carpet. I immediately got out the steam cleaner, oxy boost spot cleaner, and a half hour later came to the realization that it is stained. Maybe we should refinance and put in wood flooring. Anybody know a good notary, we may need one. Oh and don't forget the Identification Affidavit.... ;)
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Reply by ERNA_CA on 4/29/05 12:23am Msg #34774
Re: it just keeps getting better
I am just around the corner. Pro bono for neighbors . Jut holler
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Reply by ERNA_CA on 4/29/05 12:24am Msg #34775
Re: it just keeps getting better/ just holler that is :)
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Reply by Eatha/PA on 4/29/05 11:07am Msg #34856
Re: I just read this morning that baby wipes. . .
. . .will get any stain out of a carpet. Whodda thunk it?! I'm going to try it next time the dog gets sick.
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Reply by ERNA_CA on 4/29/05 11:38am Msg #34873
Re: I just read this morning that baby wipes. . .
Oh my . if its that powerful, should it come anywhere near a baby's hmmmm
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Reply by jess/ca on 5/13/05 11:28pm Msg #37697
Re: does your doc look like this?
I understand that we're not suppose to notarize our own signature in this document but I am not sure if were suppose to fill out mortgagor's info.
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Reply by SarahBeth_CA on 5/13/05 11:47pm Msg #37698
Re: does your doc look like this?
From the CA handbook: Acts Constituting the Practice of Law: California notaries are prohibited from performing any duties which may be construed as the unlawful practice of law. Among the acts which constitute the practice of law are the preparation, drating, or selection or determination of the kind of any legal document, or giving advice with relation to any legal documents or matters. If asked to perform such tasks, a California notary public should decline and refer the requester to an attorney.
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