Posted by Jersey_Boy on 12/1/05 4:42pm
Msg #79684

Infamous No-Signs

Just an FYI of what I do when I have a no-sign situation... this is in addition to the phone calls to the LO/TC/SS blah blah blah...

I will have the borrowers (each if more than one) fill out a generic affidavit of why they refused to sign the paperwork. I just ask that they write in whatever they want to express to the lender. I then perform the oath and notarize the affidavit. This not only gives me good backup to send the lender, BUT it also allows me to make a record in my notary journal to provide absolute proof that I was there on that date.

It doesn't seem like much, but it has helped in the past.

Reply by Anonymous on 12/1/05 4:45pm
Msg #79686

That is a really good idea. Gotta love you Jersey guys.

Reply by NJNotarySer on 12/1/05 9:27pm
Msg #79730

Hi Jersey:

Great idea! I like that one a lot. Glad to see another Jersey boy on here LOL

Reply by PAW_Fl on 12/1/05 9:43pm
Msg #79734

I have been doing the same for years. Actually, ever since I started this on the advice of the attorney I learned RE law from. Though the document is signed by the borrowers, their signatures are not notarized. I use the form whenever the signing is aborted or they refuse to sign one of the documents. Then I return the form with my completion report and with the docs. Never had any complaints and it certainly has 'cleared the air' as to why the signing was aborted.

(Lived in Merchantville (now Cherry Hill) for 2 years as a child, so some of that Jersey attitude must have rubbed off. )

Reply by NJ_Notary on 12/1/05 9:51pm
Msg #79736

Paw:

What is the reason you dont have it as a notarized affidavit like Jersey does? Just curious about your reasoning. Have you ever had anyone refuse to sign Form 4506-T? I had a borrorower refuse to sign it this past summer.

Nice to meet you Paw

NJ_Notary

PS
You know a native South Jersian when you know Cherry Hill was Merchantville

Reply by PAW_Fl on 12/1/05 10:01pm
Msg #79738

Never thought notarization was necessary. The document is written in the borrowers handwriting with all kinds of identifying information (assignment number, loan number, etc.) that I fill in on the top of the form. I've used it rarely and have never been asked by a lender or title company to notarize the signatures. If they asked, there would be no problem in doing so.

As for refusing to sign the 4506, yes I've had them refuse. After explaining that the form will only be used in case their loan is audited and is valid for only 60 days and their loan probably WOULD NOT FUND without it, they sign. As I recall, I've only had maybe two or three at the most that balked at the form.

OT - The past couple weeks I've been doing title closing for a couple of builders (Lennar and US Homes). They just opened a new subdivision in Zephyrhills (5 miles from me) and I never knew the name of the community nor the street names until this month. The first street in the subdivision is Merchantville St. When I saw that name on the HUD and other docs in the closing package, I took a double take. That's the only other time I've ever seen that name.

Reply by Ilona_OH on 12/2/05 7:40am
Msg #79775

Do you have a copy of what you use that you could share.I've run into several of late and that's a great idea. Thanks! Check my link for the adrress.

Reply by thnotary_NY on 12/2/05 8:33am
Msg #79782

Me "two" if you would PAW. Thank you.

Reply by LarryTN on 12/2/05 9:56am
Msg #79816

Me too PAW....email me at [e-mail address] TIA

Reply by PAW_Fl on 12/2/05 12:57pm
Msg #79901

PAW's "Refusal" form

Please go to my website (http://www.PAWnotary.com), select the "Forms" menu item on the left side of the screen. From the index, you can select the "Notice of Refusal to Sign" document in PDF format.

Reply by SarahBeth_CA on 12/2/05 1:12pm
Msg #79913

Re: PAW's "Refusal" form

Thanks Paul. Great Form.

One of the posts asked why not have a form to give to the borrower that you notarize? In CA we cannot supply forms to the signor for notorization. I think if you want something from the borrower that you intend to notorize then the best thing to do is have them write a short statement on a blank piece of paper, and have them sign it. However I think that the form Paul uses is effective.

Reply by PAW_Fl on 12/2/05 3:18pm
Msg #79970

Re: PAW's "Refusal" form

I agree. If it were a form the the lender/title supplied and had a certificate on it, all well and good. Or a form that was kept by the notary, then that would be okay too. But a form provided by the NSA to be sent to the lender/title, then there probably shouldn't be any certificate applied unless specified by the lender, title or borrower. I don't think there would be any issues if the signatures were certified, but I also don't think there would be any issues that the signatures aren't notarized.

Reply by Charm_AL on 12/2/05 3:24pm
Msg #79972

Re: PAW's "Refusal" form

Thank you Paul, I saw that in the past and forgot to keep it. Excellent addition to my ammunition.