Posted by Jurnei1 on 5/31/05 1:29pm
Msg #41316

Borrower can't sign due to stroke Question

I received a call from son of borrower. He said his dad and mom have to sign a Chase refi on Thursday. Two issues are present:
Father had a stroke and can't sign more than an X
Father's license expired two years ago.

I told him that signature by mark is acceptable for a notarization, however I don't know about deeds/mortgages and how Chase may feel about that. I suggested he call Chase and see if he can get a ltd power of attorney so that he can act on behalf of his father.

Next issue- License expiration.
Father doesn't have a CA ID card. Don't know when CADL was issued but it did expire two years ago, so likely issuance was more than 5 years ago. We can use two credible witnesses, but what about this method for loan docs?

Anybody have any expertise here? This is messy and I'm not sure I want to do this. Any feedback greatly appreciated.

KarenCA

Reply by MaggieMae_CA on 5/31/05 1:37pm
Msg #41318

Instead of posting these questions here, you should contact the lender/signing service and ask how the lender wants this handled. In my opinion these are issues the lender should be aware of and would appreciate your contacting them about.

I'm sure you can use credible witnesses. I think it's an excellent idea if the son could get a power of attorney for his dad. I had a signing on Saturday. The wife was a stroke victim and had a difficult time signing the mountain of documents the lender had. If I would have known before hand, I would have contacted the lender about her situation and maybe the LO could have recommended a POA and saved her the stress of having to sign.

Reply by Paul_IL on 5/31/05 3:26pm
Msg #41331

Have the son get a Real Estate Power of Attorney for the Refi transaction giving him the authority to sign for his father.
You also might want to contact the Sec of State office regarding the ID requirement as it is not likely they would issue a license to a stroke victim who cannot even sign their name. There may be a medical exception to the current DL issue.

Reply by Jurnei1 on 5/31/05 4:48pm
Msg #41335

In California we have state issued ID cards that many older folks who can't drive have access to. For some reason this was never obtained for the dad. As far as contacting the lender, I have no contact for the lender, it was the son who called me and they are working directly with the lender, including having the lender send the docs to their home. Seems a little strange the more I talk about this. Would Chase send a package to a borrower's home without have a signing scheduled and a notary standing by given the time sensitivity of these docs??? Seems odd to me. Wouldn't it be funny if this was another newbie notary fishing for answers? I probably should have asked for the LO phone # to call myself but we don't have a scheduled appointment and I don't even know if I am doing the signing. KarenCA

Reply by SamIam_CA on 6/1/05 10:05am
Msg #41429

re- state issued IDs. I had a borrower who's birthday was shown as 09-01-15 on his CAID. The expiration date was also 09-01-15. Looked really weird when I wrote it in the MoJo. Actually took me a minute to realize the ID expired on his 100th b-day!

***Would Chase send a package to a borrower's home without have a signing scheduled and a notary standing by given the time sensitivity of these docs???***

I am having Chase send my docs directly to my house as well. Then I'm going to take whatever pages need notarization to AAA and pay $7 each. No way am I having $150 in fees added to my loan!

Reply by sue on 5/31/05 4:55pm
Msg #41336


...Have the son get a Real Estate Power of Attorney for the Refi transaction giving him the authority to sign for his father. ..


TOTALLY beyond the scope of our jobs to suggest this.

Reply by MaggieMae_CA on 5/31/05 5:22pm
Msg #41337

You're so right Sue

Saturday morning I had to bite my tongue to not say anything to the borrowers that if in the future they wanted to refinance to consider getting a POA for the husband to sign on behalf of the wife. The borrowers were both 70+ years of age, who knows a few years from now what shape the husband will be in. The wife went on and on how devoted he was to her and how he does all the cooking, cleaning, shopping, etc. Broke my heart sitting there watching her struggle. I could tell he was getting upset that there was so much for her to sign.

Reply by stamper_WI on 5/31/05 9:21pm
Msg #41365

Re: You're so right Sue

I had one earlier this month like that... Primerica loan with the rep sitting right there ( who had just hired their daughter) The Husband had a stroke in his late 30's and is now 53. He could sign by looking at a piece of paper she wrote his name on. He definately knew what he was doing though..he asked the rep a couple of questions in slow measured speech and explained to me that his hand doesn't always obey his brain. He had a current DL but was also in adult day care.

Reply by Paul_IL on 5/31/05 10:46pm
Msg #41374

It is Obviously beyond the scope of what you do for a living but I am also a Title Agent and Real Estate Broker so I see these kinds of thing every day. Since when is it a bad thing to suggest a potential client consult with a Real Estate attorney for a real estate transaction.

Reply by sue on 6/1/05 8:24am
Msg #41405

since the borrower is not my 'client' and my only suggestion to them regarding making the loan 'work' is to contact the lender

Reply by Paul_IL on 6/1/05 12:43pm
Msg #41497

Correct borrower is not your client but they are your customer. My suggestion was nothing to do with making the loan work. It was to make the signing process smoother. I had this occur on a closing. It had been scheduled for a week and when I had called to confirm I was told of the husbands condition. I suggested the Real Estate Power of attorney and the borrower called lender who took care of everything and had docs drawn for a POA. The family attorney did the POA and had it notorized. My suggestion saved me considerable time turning what would have been a 1.5+ hr closing into a 20 min closing.

Reply by MaggieMae_CA on 6/1/05 8:12pm
Msg #41665

Paul_IL, Please review your initial reply...

You never said to tell the borrower to consult an attorney. It wasn't even implied by you. You probably had it in your mind that's what you meant, but you didn't say it. We're not mind readers here.

Reply by Paul_IL on 6/1/05 11:02pm
Msg #41697

Re: Paul_IL, Please review your initial reply...

By stating that they should get a Real Estate Power of Attorney I made the assumption that everyone here would know you need to get that from an attorney as you cannot pull one out of your butt!

Reply by Ernest_CT on 6/1/05 4:55am
Msg #41394

I'm with MaggieMae on her first reply!

Contact the loan officer directly. Don't try to handle this yourself, even with advice from everyone here! This could be nothing but trouble for you and the borrowers. Beware, especially, because you're getting very close to Unauthorized Practice of Law!

Reply by Paul_IL on 6/1/05 12:46pm
Msg #41501

Re: I'm with MaggieMae on her first reply!

NewsFlash Ernest but telling someone to consult a real estate attorney is not UPL or even close!