Posted by kcNot_KS on 1/4/05 11:22pm
Msg #15458

NP's signature on DOT

At the bottom of the DOT is this:

This is to certify that this is the Note described in and secured by a Deed of Trust dated _________, on the Property located in ___________________.

My commission expires:

_______________________
Notary Public



Is this something an NP certifies? I don't understand why it needs an NP's certification if the desciption of both documents are self explanatory. Please advice.

Reply by kcNot_KS on 1/4/05 11:56pm
Msg #15463

Correction: Signature on "Note" not DOT

Sorry, that statement is at the bottom of the Note, not the DOT.

Bad ice storm here....gone to my head!

Reply by Loretta Reed on 1/5/05 7:28am
Msg #15474

Re: Correction: Signature on "Note" not DOT

Never seen that on a note in Maryland or Virginia.

Reply by BrendaTX on 1/5/05 7:43am
Msg #15477

Re: Correction: Signature on "Note" not DOT

I cannot recall seeing this type of information in Texas.

Reply by Anonymous on 1/5/05 9:26am
Msg #15484

Re: Correction: Signature on "Note" not DOT

I have seen thast a couple of times in VA and like a dummy I notarized it because it says under the signature line ______________________
Notary Public

Reply by Bobbi in CT on 1/5/05 7:36am
Msg #15475

Notary certification on Note..

Call who ever sent you out on this one.

Weird. It is obviously not a notarization block.
Also, in your State is a Notary Public allowed to make this type of certification.
I have seen it made by VPs of lenders, in-house lending staff, but NEVER for an
an independent contractor Notary Public to sign.

Would love to hear what you are told. WAY TOO MUCH LIABILITY FOR ME TO EVEN CONSIDER DOING THIS. What happens if the DOT (or part of it) is "switched" after the pages go back to the lender or title company. YOU are the person who certified that the "recorded DOT" is the EXACT DOT that belongs with that particular signed Note. Also, CT Notaries do not have statutory authority to make this certification - so it would be an Individual liability - not covered by Notary E&O Insurance or bond.

Reply by Loretta Reed on 1/5/05 7:56am
Msg #15480

Re: Notary certification on Note..

The Note was not prepared correctly. The Note is giving you the rate, loan amount, 1st day the payment is due and such but there is nothing for the notary to do on a Note. It is for the borrower to sign agreeing to the terms of the loan.

Reply by LawrenceOK on 1/5/05 8:16am
Msg #15481

Re: Notary certification on Note..

I have not seen anything like this for an NP in OK. I kind of agree with Loretta, the note was prepared incorrectly. Might be an in-house certification. I have seen something similar to this for closing agents. (But then I could be wrong)

Reply by Bob-Chicago on 1/5/05 8:44am
Msg #15482

LOOOOSIANA?

I understand that LA requires notarization of a note secured by a mtg/dot
I would not be happy signing your quoted languate, though for the reasons cited by Bobbi
Check with whoever sent it to you

Reply by Ninna Mantooth-Lopez on 1/5/05 6:35pm
Msg #15549

Correction, Bob... it's LOUISIANA... and

yes, there is language on the promissory note that is notarized by the Notary. The language identifies or paraphs the note for identification with the mortgage. Included is the term "Ne Varietur" (french)... language that means "no variations"... or "do not alter". In Louisiana, if the note is not paraphed for identification with the mortgage... it is not considered an authentic act. The language is as follows:

"Ne Varietur" for identification with an Act of Mortgage this the XX day of XXXXXX, 200X.

Reply by sue on 1/5/05 6:51pm
Msg #15552

Re: Correction, Bob... it's LOUISIANA... and

are your recorded mortgages public records? I did one not too long ago and the LA signers had their social security numbers right there under their names for all the world to see. I was quite shocked. It didn't 'come up in conversation' so it went back w/o my signers ss number.

Reply by Ninna Mantooth-Lopez on 1/6/05 12:16pm
Msg #15603

yes... Sue...

Louisiana mortgages are recorded of public record. Here's the scoop regarding the SSN's appearing on mortgages in the state of Louisiana. Legislation was passed several years ago that all mortgages affecting immovable property in the state of Louisiana filed after December 31, 1991, shall include the SSN of the mortgagors. This was done to assist abstractors and attornies in eliminating or ruling out same-name judgments, liens, etc., when examining title to a property. This was also before identity theft was so prevelent as it is nowadays. Recently; however, legislation passed an Act (565), which amends the previous legislation that allows only the last 4 digits of the SSN to be listed on mortgages filed after December 31, 2004. I can only hope that these nationwide lenders and title companies stay up to date on the legislation... and prepare their documents to only include the last 4 of the SSN.

Reply by BrendaTX on 1/6/05 1:30pm
Msg #15614

Privacy and public records as it applies to Texas.

§ 11.008. CONFIDENTIAL INFORMATION IN REAL PROPERTY
RECORDS. (a) In this section, "instrument" means a deed,
mortgage, or deed of trust.
(b) An instrument executed on or after January 1, 2004,
transferring an interest in real property to or from an individual
may not be recorded unless a notice appears on the first page of the
instrument in 12-point boldfaced type or 12-point uppercase letters
and reads substantially as follows:

NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS
INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:
YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
(c) The validity of an instrument as between the parties to
the instrument and the notice provided by the instrument are not
affected by a party's failure to include the notice required under
Subsection (b).
(d) The county clerk may not reject an instrument presented
for recording because the instrument contains or fails to contain a
social security number or driver's license number. If the county
clerk accepts an instrument for recording, the recording of the
instrument creates a conclusive presumption that the requirements
of this section have been met.
(e) The county clerk shall post a notice in the county
clerk's office stating that instruments recorded in the real
property or official public records or the equivalent of the real
property or official public records of the county and executed on or
after January 1, 2004:
(1) are not required to contain a social security
number or driver's license number; and
(2) are public records available for review by the
public.
(f) All instruments recorded under this section are subject
to inspection by the public.
(g) Unless this section is cited in a law enacted after
September 1, 2003, this section is the exclusive law governing the
confidentiality of personal information contained in the real
property or official public records or the equivalent of the real
property or official public records of a county.
(h) To the extent that federal law conflicts with this
section, an instrument must contain the information required by and
must be filed in a manner that complies with federal law.

Added by Acts 2003, 78th Leg., ch. 715, § 1, eff. Sept. 1, 2003;
Acts 2003, 78th Leg., ch. 960, § 1, eff. Sept. 1, 2003.

Reply by Bob-Chicago on 1/5/05 8:13pm
Msg #15559

You are wrong, it is LOOOOOSIANA

I have a friend fron NAWLLENS, Tulane graduate, and that is how he says it
Wish I was there, really neat city with great food
Also rarely gets a foot of snow as we are supposed to tonight.
Happy New year a bit late, but I bet I am the first for next year.
Thanks for the LA prceedure update together with a French lesson.

Reply by Ninna Mantooth-Lopez on 1/6/05 3:20pm
Msg #15626

ok... Bob... I'll give you credit for that....

some people do pronounce it Loooosiana... and of course... Nawllens. In my neck of the woods... way up north in Looooosiana... our pronunciations are a little more along the lines of the english pronunciation... instead of the french. Oh, and BTW... you're supposed to get a foot of snow?! Yikes... I froze my butt off this morning walking my dogs in 49 degrees... I don't think I'd survive in any of the cold states!

Reply by HisHughness on 1/6/05 4:01pm
Msg #15628

Re: ok... Bob... I'll give you credit for that....

Ninna, you said "Oh, and BTW... you're supposed to get a foot of snow?! Yikes... " I wanna know, what does a BTW have to do with a foot of snow? Does a BTW get through snow better than an Audi, or a Mercedes? I thought all those German cars were pretty good on foul weather traction. I've never owned a BTW, but I've had a couple of VWs and even they were pretty good.

Reply by Ninna Mantooth-Lopez on 1/7/05 8:26am
Msg #15691

uuhhhh... Hugh... BTW... stands for "by the way"...

but since you brought up the subject of German cars... I, myself, was born in Germany to a German mother and an Air Force dad. I have many relatives in Germany who own German-made vehicles and you better bet they are "pretty good on foul weather traction".

Reply by sue on 1/5/05 10:28am
Msg #15491

I believe VA & LA get their Notes notarized but I'm not sure of the language because I've seen so few of them. In PA, we would be allowed to sign this because we can certify. Would I? No. Someone at the lender's office can do this.

Reply by Sunny Notary on 1/5/05 1:43pm
Msg #15508

Maybe I'm misunderstanding, but it's sounding like some people are saying they don't have to notarize the Note in their state. I'm in the state of Washington and I ALWAYS have to notarize the note. However, I always have to do my own acknowledgement because they don't include the wording required. I've never seen a note that had that kind of wording.

Reply by Jon on 1/5/05 2:12pm
Msg #15511

My answer is for CA only.

In Ca, it is ILLEGAL for a notary to use the title "Notary Public" for anything "except for the purpose of rendering notarial service." Therefore we would not be able to sign the way it is worded. I work for one company that wants me to sign as a witness that the borrowers signed the Note, but there is no wording or title other than "Witness".

Reply by kcNot_KS on 1/5/05 2:58pm
Msg #15522

Re: NP's signature on Note

I notified the title company that I will not be signing the statement below the borrower's signature on the Note as I am not statutory authorized to do so. She, herself, is not familiar with it but she said she would look into it.

The property is in VA so probably it is a norm there. I'm in KS, where borrower resides, and we do not notarize Notes here.

Reply by Loretta Reed on 1/5/05 5:15pm
Msg #15540

Re: NP's signature on Note

I do closings in Virginia and from what I have seen, just me, I have never had to notarize the Note. We learn something new every day, don't we. Some lenders require different things on their docs.