Posted by Art_MD on 3/10/05 7:20am
Msg #24684

supplying docs for closing

Does anyone carry extra generic docs for closings?
I assume everyone has loose acknowledgements with them.
Because Maryland has a couple of unique affidavit required, I carry several with me (in an overloaded briefcase).
Do you normally carry spare forms with you ??

Personally, I carry:

ID verification form - since some lenders require notarized ID forms, my form is one with notary wording. To meet Patriot Act requirements, some verification is required - but some packages lack any form.
Maryland affidavits (3 forms).
Occupancy affidavits
compliance agreement
right to cancel
E & O agreement

Rarely have I used these spares, but it does happen. The ones I love are the ones where the docs go to borrower. Often these are done while going or coming from another closing. The title company calls and says they forgot to include xxx form. We'll fax it to you. Lots of luck !! 1/2 hr from the house, ready to do the first closing before going to theirs. Sure, I'll drive an extra hour, be 45 minutes late, get no extra $$ -NOT. Usually was the Maryland affidavits - the CA companies just don't do their homework.

Art

Reply by sue on 3/10/05 7:44am
Msg #24688

you're wrong Art. You don't supply ANYTHING that isn't in the package. If they want a form signed, they supply it for you. And those MD refi affidavits can get you into trouble. Had some last week for an OC condo - they were wrong and the borrowers (re investors) knew they were wrong but the LO insisted they sign them as it - borrowers doctored them up themselves. But my point is, they were investors and knew exactly what they were doing. Let the title company fill them out.

Reply by Art_MD on 3/10/05 7:57am
Msg #24693

If the LO/title company says " oh, we forgot the RTC forms " and I am not able to get to my fax machine, I will tell the LO that. I will tell him I have blank RTCs. If he ask me if I can fill in the dates, and have the borrower fill in their names and loan # before signing, I will.

I will fill in certain portions of the MD affidavits, (which are state forms), i.e. name and address and will fill in other info only as directed by the LO/title company.

Art

Reply by sue on 3/10/05 10:51am
Msg #24741

I've completed A LOT of loans and can never remember getting a call stating one of the forms you listed was missing. Revised HUDS, TILs, payoff statements, etc., all the time. I would never, ever supply a form myself. I truly can't imagine anyone has ever called you to mention that the occupancy affidvit was missing, did you have a spare on you.

Reply by Stephanie/CA on 3/10/05 10:47am
Msg #24740

Hey Art,

I generally have with me several of the California All-Purpose Acknowledgments and the new 2005 California Jurat.
That is it.

Reply by Dave_CA on 3/10/05 11:34am
Msg #24747

I had a similar situation on one of my first signings. This was with edocs and on reviewing the package I discovered that the escrow instructions asked for Applicant Identification verification and a name affidavit. Neither was in the package and no one was available by phone. I was able to go to the lenders web site and download the two forms and have them signed.
I did this because I believe it was my responsibility to get the package completed. Not "at all costs" but within reason and the law. I feel this is the difference between "just a notary" and a loan signing agent.
If anyone disagrees, feels this is UPL or I'm overstepping the bounds of what we should be doing I would like to hear and know their reasoning.

I do also carry a selection of forms in my car.

Reply by PAW_Fl on 3/10/05 1:03pm
Msg #24759

The AIV and name affidavit may have been previously completed and not needed in the package. Escrow instruction are for escrow. Closing Agent instructions are for the closing agent. Notary/Signing Agent instructions are for you. Assuming that documents listed on the escrow or closing instructions need to be provided to the SA at the table is, imo, a bad assumption. If I tried to include all the items listed for closing in the instructions, I would soon be out of work and possibly in jail.

Here's an example I get almost every day.

Borrower Conditions to Close: The following conditions/requirements MUST be met at Closing.

v Borrower(s) to bring photo I.D. to closing.

v <spouse> must attend the closing in order to execute the mortgage and right to cancel. Each person that is a titlehholder and therefore has an ownership interest in the property must execute these documents.

v <lender> to pay <broker> in the amount of $1,000.00.

v Check payable to <broker> in the amount of $750.00.

v Borrower(s) to sign the "Affiliated Business Arrangement Disclosure" form at closing.


Now, If I took all things things as being necessary at the table, I would be asking the borrower for a check for $750.00. However, by prior arrangements, this has already been established as is being paid from proceeds, so no check is due from the borrower. And certainly there will not be a check in package for the broker either.


As a Notary, you are expected to have what a notary needs to complete the notarization act(s). As a signing agent, you are not authorized to assume what needs to be included or excluded from a package prepared by the lender and/or title company. They are solely responsible for their content. You adding a form may be construed as UPL simply because you assumed the role of the lender or title company. It is not your responsibility to "get the package completed". It is your responsibility to complete the package you are provided.

Reply by Dave_CA on 3/10/05 2:15pm
Msg #24788

Paul,
Thanks for the edifying response. I did not elaborate before but this package was a mess. It had 32 duplicate pages that were, somewhat, randomly included in the package. I have that from my completion report and I did call the escrow officer first thing in the morning, before returning the package, to check on what I did. She said that this whole package from the lender had "been a nightmare" and that AIV form had indeed been omitted by mistake.
So, in this case, I lucked out and she thanked me but I do take your point and will be more cautious in the future.
Thanks again.

Reply by PAW_Fl on 3/10/05 2:47pm
Msg #24795

The only other form that I carry, other than my normal stash of notary certificates and signature "cheat sheets", is a VVID - Visual Verification of Identification affidavit. I complete these each and every time I do a signing, whether or not it is a mortgage loan or simply notarization. At any rate, there are times when the borrower has been requested to provide copies of their ID. And, they didn't get it done. I don't carry a scanner or camera, so chances are I won't get a copy while I'm there unless they have a copy machine or scanner. In that case, I have the borrowers sign the affidavit of ID and send that in with the package along with a note stating that the borrowers have been advised that copies of their ID must be submitted prior to the settlement date or their loan may not fund on time. As far as I know, this has not been an issue with any lender or title company.

Reply by Traci/ MD on 3/10/05 1:11pm
Msg #24762

I have a file box in the car with the same supplies. I also carry the Maryland Refiance affidavit They forget that one all the time are send the Prince George County form. I hate when they send the documents to the borrwer.

Reply by PJA_CT on 3/10/05 1:54pm
Msg #24781

Please forgive my ignorance but ...UPL? I am a newbie and have been following you guys daily for a while ( just never posted ) Hello to all- Great info for new people....THX

Reply by PAW_Fl on 3/10/05 2:03pm
Msg #24783

UPL = Unauthorized Practice of Law

Reply by PJA_CT on 3/10/05 3:17pm
Msg #24800

Thank you!