Posted by Chad, CA on 7/28/05 8:03pm
Msg #55454
DOT Trustee
The 1st page of the DOT says, John doe, as trustee for John Doe Trust, dated.
TPlease advise.he signature page only has the name, Jonhn Doe. How do I have them sign?
| Reply by Brian/CA on 7/28/05 8:27pm
Msg #55460
Call title. Generally they have you sign,
John Doe, Trustee
John Doe, Individually
| Reply by Shannon/Va on 7/28/05 8:58pm
Msg #55468
You are talking about 2 totally different things.
DOT trustee is the trustee of the mortgage, which we have here in Va.
Trustee of a trust such as john doe trustee of the john doe revocable trust is not the trustee of the mortgage but the owner who transfered title into his own trust for tax and/or estate purposes.
He would sign "john doe, trustee of the john doe trust" He would not sign seperately as trustee AND individual unless he took title "john doe, individual, and john doe, as trustee of the John doe trust.
| Reply by Melody on 7/28/05 10:07pm
Msg #55496
The previous posters are correct.
But I always play it safe by asking the TC involved EXACTLY how they want the DOT signed.
The TC has the title insurance and the attorney. It is their call. We notaries are not allowed to make legal decisions about how signers should sign if the written names are incorrect.
| Reply by CALIFORNIA Notary on 7/29/05 8:05am
Msg #55583
Why do other states answer these questions!??%^$##*
Chad -
Your customer, in California, notarized by a California notary public, will sign as the Trustee where indicated, and NOT, where indicated. If the signature line says, "Mary Jane Smith, Trustee of the Smith Family Trust", then her signature is "Mary Jane Smith, Trustee". If there is another line that says, "Mary Jane Smith, Individually", then she just signs "Mary Jane Smith". Other posters from other states are trying to be helpful, but they only know what to do in their state, not California.
REMEMBER: You CANNOT notarize the CAPACITY (in this case Trustee) in California. So when you notarize the Acknowledgement, you can ONLY put the name of the trustee, not their capacity so it would be... "personally appeared, Mary Jane Smith, who proved to me... " -- do not put her capacity in the body of the Acknowledgement or any Jurats for that matter. It is ILLEGAL in California to notarize someone's capacity. Hope you haven't already completed your work incorrectly and returned it!
| Reply by Shannon/Va on 7/29/05 2:09pm
Msg #55726
Re: Why do other states answer these questions!??%^$##*
Perhaps my way here in Va is not correct for you in Ca as far as the signing.
BUT i am correct that thr trustee of the mortgage and signing as a trustee are DIFFERENT no matter what state!
| Reply by Chad on 7/30/05 12:39am
Msg #55843
Re: Why do other states answer these questions!??%^$##*
No I was asking ahead of time, I will sign them on Tues. Thanks for the information, now I understand.
| Reply by Chad on 7/30/05 12:43am
Msg #55844
Re: Why do other states answer these questions!??%^$##*
What if the signature lin says individually,trustee,trustor. then what?
| Reply by TitleGalCA on 7/30/05 12:55am
Msg #55847
Re: Why do other states answer these questions!??%^$##*
Then you sign as to how it is set out in your documents (both).
For trusts, I have always signed "John Doe, as trustee on the blankety blank trust dated blankety blank" as: John Doe, Trustee. And that is how he signs his name: John Doe, Trustee. If the docs require both the trustee sig and the individual sig, then those are your requirements, and you sign accordingly. Remember that your certification is only for the individual name in CA, not the capacity.
As to the comment, "why would other states respond" it is because some issues in signing are the same, no matter what state responds.
| Reply by Chad on 7/30/05 7:28am
Msg #55856
Re: Co-trustee signing
What if you have husband and wife who are co-trustee's. The signature lign says, John Doe, Co-trustee and jane Doe, co-trustee. How would they sign?
| Reply by JanetK/CA on 7/31/05 5:35pm
Msg #56113
Ask the escrow officer!!
These can be handled different ways, so the only way to be sure is to talk to the title co./escrow officer. (Signing services often don't know, even though they will try to give you an answer.) For example, I did one recently, where the EO included another document (I forget the exact name) that addressed the signature issue, so even though it said "trustee" after the signature, they wanted the parties to only sign their name. And this EO sounded like she knew what she was talking about. I've done a good many signings involving trusts and have seen lots of different ways of setting them up. Getting your answer to a question like this from someone who is not familiar with the whole package is risky!
The only part that is our responsibility is how the certificate is filled out and those who mentioned that you only put names - no capacity - in the acknowledgement, are correct.
| Reply by newlysmomva on 8/2/05 1:25pm
Msg #56424
Re: Ask the escrow officer!!
I don't think the Trustees on a loan in Va sign anyway...they are just there in case of foreclosure. At least that is what I've always thought as a title agent. If John Doe, Trustee of the John Doe Revocable Trust and John Doe, individually, is set out in Doc. John Doe signs as both Trustee and individiual. ???? Sound correct to you?
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