Posted by Becca_FL on 6/24/05 12:17am
Msg #47347
Why do they do this?
I had instructions from two national TCs out of CA asking me to send an additional ack with the pkg just in case they needed it. AND one of the TCs had the nerve to state, in writing, that my fee would be reduced if I did not follow their instructions. PLEASE! I wonder if their underwriting counsel knows they are doing this. Is Caly that laid back????
P.S. I am a native Californian. I'm not meaning to "down" Californians, just asking a question.
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Reply by ItsMe123 on 6/24/05 12:39am
Msg #47349
I see two ways to handle this---pick your pleasure. I would most likely try number 1 until someone notices it. Then go to number 2. I have a similiar company and have been going on number 1 for three years. When and if someone states something I will go to number 2.
1. Include the acknowledgement but you write it. Instead of typing "foregoing instrument" type "mortgage security instrument" and type in the names of the people who signed the mortgage. This will in turn be a duplicate of what they already have and what you have already notarized so you are not jeopardized. They will not be able to attach it to any other document. They themselves will not read it---people wipe through docs when they come back and they will just note it is there. If they do read it, it will most likely be read by someone who has no idea what they are reading. They will just see they have the "extra" acknowledgement and think all is good
1. I would say I have misgivings about this (in a light air headed way) and that you are going to forward their exact request to the state. Tell them if the state says no then you are not going to do it. See what they say. If they insist drop the air headedness and go for the kill. Tell them if they do try to reduce your fee you will go to court with their exact wording telling you if you do not break the law, they will with hold pay. Seriuosly I know sometimes business may seem lighter but this is business that in the long run you really can't afford.
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Reply by PAW_Fl on 6/24/05 7:51am
Msg #47395
In Florida, we must complete a certificate "in front of the signer" and it must be in regards to a specific notarial act. That is, we cannot simply complete a loose certificate for "just in case" purposes. Therefore, the request to include a certificate "just in case" is in direct violation of Florida Statutes chapter 117.
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Reply by Jenni/CA on 6/24/05 1:41am
Msg #47358
We also get those, from all states. Put a post-it on it stating that it is illigal in FL to fill out a blank ACK just as it it in CA. I have gotten many of those in packages, never fill them out, generally toss them. Never ever had my fee reduced.
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Reply by Nd_WA on 6/24/05 3:04am
Msg #47370
Ever look at it as a test to see how well you hold your ground?
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Reply by Julie-MI on 6/24/05 7:31am
Msg #47391
I'm with Jenni, I toss them.
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Reply by Sheila in San Jose CA on 6/24/05 8:35am
Msg #47403
I agree, if it is illegal, which is probably is in most states, FL, CA, etc, why even think about doing it? You can't. I see extra blank ones in my packages from time to time and I just ignore them. Never a problem or question back
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