Posted by hcampersFL on 12/7/05 5:23pm
Msg #81006

Filling out the ack's

Okay can someone explain to me why the Mortgage/Deed must be signed "Jane Smith, and John Smith husband and wife"
Why can't it be " Jane Smith and John Smith" or "Jane and John Smith"?

If both signers are signing seperately why does it have to be filled out like this?
Beverly

Reply by Charm_AL on 12/7/05 5:25pm
Msg #81008

that sounds like a request specfic to the TC...I haven't had that one yet.

Reply by hcampersFL on 12/7/05 5:27pm
Msg #81009

Well I screwed up and didn't have it signed that way. I guess I'll be going back to have it resigned. Damn!

Reply by Charles_Ca on 12/7/05 5:35pm
Msg #81011

Re: Filling out the ack's - For What it's worth I have had

one SS who called me and told me that I had to re-sign a DOT because I didn't have my stamp in the area reserved for the stamp even though there wasn't enough room for the stamp: I stamped under my signature. They actually told me that the TC took it to the County and they would not accept it for recordation. I called the County and spoke with the County Clerk whom I knew well and they had never heard of such a requirement, It appears that the the SS was making up their own repuirements as they went along. I certainly wouldn't put it past some SS I know to make up requirements so that they can reduce your fee.

Reply by hcampersFL on 12/7/05 5:45pm
Msg #81012

Re: Filling out the ack's - For What it's worth I have had

There were so many instructions with this loan. I mean 6-7 pages. I missed this one. I also missed that they wanted me to send back my instructions...not any signed pages just the mailing instructions etc. I have never sent that kind of thing back. I guess we will see if I have to go back or not.
B.
ps Me and the Captain are having a little Eggnog! Happy Holidays everyone!

Reply by Charles_Ca on 12/7/05 5:52pm
Msg #81013

Re: Filling out the ack's - For What it's worth I have had

I hate all those instructions. I think it was Charm who just recently posted a great comment regarding all the requirements including calls at every step of the process. To me that is usually a sign of problems and I shy away from companies who have to micro-manage every bit of my professional existence. My experience with these all-controllling companies has beent that their requirements are out of all proportion to wht they are willing to pay. Enjoy your nog! Happy Holidays to you to.

Reply by PAW_Fl on 12/7/05 8:47pm
Msg #81057

You mean that the lender or TC wanted them to "sign" as in signature, their name with their status appended? I've never heard of that. The status is only reflected in the vesting, not in their signatures.

Reply by Becca_FL on 12/7/05 5:53pm
Msg #81014

In Florida you can not put husband and wife, single, ect. in the ack. If the Tc is asking you to do this, refer them to the SOS. I'm sure Paul or Sylvia will post the page # from the manual for you - I don't have time to look it up.

I'm getting everthing ready for my road trip with the Notary dog to Texas. Okay Hugh and Brenda, here's the warning you've been looking for. I can't wait to meet y'all.

Reply by hcampersFL on 12/7/05 6:00pm
Msg #81016

Thanks Becca for the heads up!...About the Fl law not your trip to TX. Hope you have fun if you swing by P'cola and need anything give me a call I'd be glad to help. Lord knows I'm not busy with signings.
b.

Reply by sue_pa on 12/7/05 6:10pm
Msg #81019

Jane and John Smith is not an efficient way to do things this day in age. I had a mortgage one time that TU wanted me to notarize and "John, Jr." and "Jane Smith". I could not get it through their thick skulls that I couldn't notarize him without a last name. I certainly didn't know the statute but common sense was over riding their wishes. I checked the court house because they kept insisting that was how the deed was recorded. They were semi-correct and whoever did the input of the data apparently wasn't paying attention and messed it up.

Reply by PAW_Fl on 12/7/05 8:44pm
Msg #81056

First, the mortgage must include marital status in the vesting. This is because of the Homestead Act. Second, each person is an entity unto themselves and must be declared as such on any legal document. Thus, the vesting on a mortgage must show "John Smith and Jane Smith, husband and wife", or "John Smith, a married man, joined by his spouse Jane Smith, a married woman". The latter being used more on shared property not affected by the Homestead provisions.

As for the notary certificates, the manual states that we are to show capacity of the signer. There is no mention of showing status. I don't know of any statute that specifically forbids the showing of the status in the certificate, but it begs the issue of what a certificate is. The "certificate" is the notary's statement certifying what is written in the certifcate. Since the notary is certifying the facts under oath (remember the oath of office?), marital status cannot be certified. Representative capacity is a statement by the signer, and the wording in the certificate reflects that relationship. Along those same lines is the Florida certificates that allows us to tie two names together as an AKA. Refer to page 61 in the manual for an acknowledgment that reads: "The foregoing instrument was acknowledged before me this ____ day of _______, 20____, by Mary Smith, who represented to me that she was formerly known as Mary Jones, and who provided a Florida driver's license in the name of Mary Smith." For other examples of representative capacity certificates, see page 30.

The important point is that "husband and wife", "single man", "married woman", etc., are not capacities, but a status. Unless you can swear to knowing their status, you cannot include it in your statement of certification (notary certificate).

Reply by hcampersFL on 12/7/05 11:16pm
Msg #81089

Thank you Paul for the clairfication (sp?).
What the tc wanted was for me to put on my certificate "Mary Smith, and John Smith husband and wife". I filled in "Mary and John Smith". They say the doc will be returned to me to correct at my expense if I didn't word it the way that they wanted it to be. I guess we will see. The BR said she was going to cancel anyway because it was a ARM and she wanted fixed, so it may be a mute point anyway.

Thanks to everyone for your input. It makes it easier to understand all of this.
b.

Reply by hcampersFL on 12/7/05 11:19pm
Msg #81090

Mute should be Moot. NM