Posted by fiKS on 2/2/05 11:29pm
Msg #19252

"Spare" All Purpose Acknowledgement to stamp and seal

Received overnight docs for a signing tomorrow. I was surprised to see a loose acnowledgment certificate included in the package for me to sign and return for "just in case [I] forget to sign or stamp or make a mistake on one of the loan documents." That's a direct quote from the closing instructions. Of course I will not be signing it but I'm sure there are notaries who do it (otherwise the lender would have stopped including them in the package). How different would it be if the borrower asks the lender to send them an extra blank check just in case somebody miscalculate the closing costs?

Not only is that an illegal request (eventhough it was "optional", yet "strongly encourage") it also can be very dangerous to the borrowers.

I am already feeling uneasy about this closing. I've called and left 3 messages since last Friday for the borrower to call me and the appointment is tommorow and he hasn't called me.

Reply by carlosnyc on 2/3/05 12:41am
Msg #19262

Call the SS and tell them you haven't received a call back from the borrower just to make sure that is not cancelled. I've been in the same situation, no call back from the borrower only to find out that it's been cancelled and the SS "forgot" to tell me.

Reply by fiKS on 2/3/05 12:47am
Msg #19264

Good idea. I should have called today but was busy all day. Appointment is 11:00am (Central time), SS is in California, 2 hours behind. I probably won't be able to speak to anyone until I'm at the scheduled appointment.

Reply by carlosnyc on 2/3/05 12:58am
Msg #19267

Call the borrower again one more time just before you leave, someone should be home at that time. Good luck, I hope you don't have to go out for nothing.

Reply by calipat/ca on 2/3/05 1:03am
Msg #19268

I would not go to the app't. until I spoke to the borrower. Same thing happenned to me. SS set the app't and I called B to confirm and when he did not call back I called again. I called 4 times in one day. Finally the next morning I called again and he said he could not sign that day as no one told him. Apparantly SS said lender forgot to tell him they were signing, so it was scheduled for the next morning.
I think the B should be considerate enough to call you back and let you know if they can sign at that time or not.

Reply by Ernest_CT on 2/3/05 1:20am
Msg #19273

Re: No reply from borrower

Some signing services/lenders require that the notary go to the appointment location at the appointed time and wait 30 minutes in order to be paid for the borrower missing the appointment. Please be sure to check your confirmation before deciding not to travel!

Reply by Art_MD on 2/3/05 7:51am
Msg #19289

I've had the same situation. I send it back (unsigned) with a note saying that asking for such an act is a crime in MD, and signing it would be a crime.

Art

Reply by Terri - CA on 2/3/05 10:47am
Msg #19317

Even though you are unable to contact the borrower, you should go anyways. I've had situations where their teenager listened to the message but didn't tell Mom or Dad about the message! (I know, because my son in his teenage years used to do that!!!UGH!)

About the loose acknowledgment. I return it undone. They don't get any more than is necessary to perform my notarizations. Further, it's illegal according to my state's notarial laws. I cannot place my seal on anything other than an official notarization. I don't even tell them why it's not done, it just isn't and I've not been contacted as to why I didn't return it filled out and stamped.

Good Luck!

Terri
Lancaster, CA

Reply by Art_MD on 2/3/05 10:49am
Msg #19319

I've been known to keep the "spare". Handy to have a stack of 'em.

Art

Reply by fiKS on 2/3/05 12:41pm
Msg #19335

Back from appointment....

Waited for 30 minutes. Borrower did not show. Called SS.

I arrived at his house a few minutes early. Knocked and knocked on door. No answer. Called on phone. No answer. Went back to my car and sat in it and I began to look around. There were clues all around that he (or someone) had been home. He's a single man. Newspaper on the driveway was for today. Mailbox was empty. Company vehicle in the front porch.

Loan is a 10 year HELOC. Borrower's credit scores are not good so he should count his blessings for getting his loan approved.