Posted by Jenny_CA on 12/24/05 1:40am
Msg #84477

I am drawing a blank.....

I have this form: Identification Affidavit, this one is set up like so:
I/We, xxx Company, being first duly sworn,deposes and say that I/WE acting as Closing Agent for the loan described above, have personally obtained and observed photographic identification or acceptable equivalent for the Borrower(s), and do by hereby certify to the following: ( Borrower's info here)


___________ _________
Closing Agent Date
________________________________________________


Notarial certificate here, but no place for borrower to sign anywhere.

Here's what I am doing: not notarizing, no signature to notarize. Signing Closing Agent signature line but writing Notary Public instead. I welcome a yes, wrong, any feedback.

Long day. Thank you.

Reply by Jenny_CA on 12/24/05 1:42am
Msg #84478

Re: meant : do hereby. n/m

Reply by CaliNotary on 12/24/05 1:53am
Msg #84481

If you're not notarizing a document you can't identify yourself as a notary pubic. I would change it to "signing agent" and do everything else you did.

Reply by Jenny_CA on 12/24/05 2:01am
Msg #84482

Re: Very true.

I keep seeing this document over and over on the CW docs and wanted to make sure I was doing it right.

Thank you.

BTW, I laughed at your other post.....I can imagine you cussing SOX out .

Reply by NorCalDar on 12/24/05 2:16am
Msg #84485

Personally, I would do nothing with this form as no one was there to "swear me in" and even if there was, I can't notarize my own signature. My interpretation is that in this particular case, the Closing Agent referes to the Closing Agent/Officer not the NSA.

JMHO But you might want to check with the TC or SS for their interpretation.

Reply by Jenny_CA on 12/24/05 2:33am
Msg #84486

This is one of the times that the Signing Agent comes into play. The Notary cannot notarize but the Signing Agent was there on the TCs behalf physically handling/observing the needed Id.

I have seen this form written with different copy/text. As Calinotary mentioned, as long as I don't sign as a Notary Public I feel cofortable with signing it. If I find out that I am wrong, I'll post a follow up.

Reply by Jenny_CA on 12/24/05 2:34am
Msg #84487

Re:sp. comfortable. can you tell I'm tired? n/m

Reply by NorCalDar on 12/24/05 2:45am
Msg #84489

Re: Re:sp. comfortable. can you tell I'm tired? n/m

Finishing up from a long day myself so I completely understand.

The only question I would ask is why would they put the notorial wording on the document if they did not want someone to act in the capacity of Notary?

Given the situation as you have described it, considering that one of the roles of the Signing Agent present was to physically check the ID for the Title Company, I might have had the Signing Agent sign as the Closing Agent (as a representitive of the TC) and notarize his/her signature. Just keep in mind that you are not notarizing the "capacity' of the Agent but that he/she acknowledged executiing the document, albiet on behalf of the TC.

Hope that helps!

Reply by Jenny_CA on 12/24/05 2:54am
Msg #84492

Re: Re:sp. comfortable. can you tell I'm tired? n/m

I did not mean to mislead I was talking in third person. I was the signing agent, other than the borrower there was no one else there. I don't know why they do what they do, perhaps to keep us on our toes. :-)