Posted by PAULTFL on 3/7/05 5:34pm
Msg #24170

Notarizing a right to cancel ?

Has anyone every notarized a right to cancell? I have a loan package in front of me with right to cancell that needsw to be notarized. Is this something new?

Reply by maureen/nh on 3/7/05 6:06pm
Msg #24180

It is to me. Can you give us a heads up on the mortgage co?

Reply by PAULTFL on 3/7/05 8:27pm
Msg #24217

Countrywide, I never notarized a right to cancel and don't plan to start.

Reply by CaliNotary on 3/7/05 8:33pm
Msg #24218

It's not our decision as a notary to decide what does or does not need to be notarized. If they ask for it and there's nothing unlawul about the request we should do it.

Unless you have a better reason than "I've never done it before" to notarize the document why would you refuse?

Reply by PAULTFL on 3/7/05 8:51pm
Msg #24223

In over 200 closing in Penna and Florida. I have neve been required to notarixe a right to cancel. Is this something they do in California?

Reply by CaliNotary on 3/7/05 8:58pm
Msg #24226

Nope, I've never done it either, and I've had over 700 closings. But I still don't understand why you would refuse to do it just because you've never had to do it before. Seems to me you're really overstepping your boundaries there.

Reply by PAULTFL on 3/7/05 9:04pm
Msg #24228

I just spoke with the lo and he said that they do not require it to be notarized. At this point it is a moot question.

Reply by Slarty_FL on 3/7/05 9:38pm
Msg #24235

Unless they are signing the 'cancel' line, you would be notarizing a document with a blank, wouldn't you? That's a big no-no in my state anyway.

Reply by PAW_Fl on 3/7/05 10:08pm
Msg #24239

Some blanks are acceptable. You have to apply logic and some common sense too. Those lines are "conditional" lines, just like the mortgage which has a list of riders. If one of those boxes is blank, do you not notarize the signatures on the document because there are blanks in the document? What about the witness lines and the extra signature lines? They're typically left blank too.

Reply by Slarty_FL on 3/7/05 11:00pm
Msg #24259

According to statutes, a FL notary is required to refuse to notarize a document that is blank or "incomplete", so how do you define "incomplete"? You do make a good point, I was just wondering how you rectify the statute with common sense.

Reply by Nancy in Florida on 3/7/05 11:10pm
Msg #24264

The document must be complete for the transaction it pertains to. For the example of Riders on a mortgage; if there aren't any riders and the boxes aren't check then the document is complete. However if there was for example an ARM Rider and the ARM rider box wasn't check then the document is incomplete.

Of course I wouldn't notary a completely blank document but there will be sections on documents that are blank because they do not pertain to the particulars of the transaction.

This is how I rectify the Florida Statue with common sense. I hope this helped.

Reply by Slarty_FL on 3/7/05 11:13pm
Msg #24270

That makes perfect sense, thanks!

Reply by PAW_Fl on 3/8/05 7:43am
Msg #24314

What Nancy said!

I couldn't have said it better my self. Thank you.

Reply by Claudia - Nj on 3/8/05 8:38am
Msg #24330

It is to me - i have never had one. What company is this for?