Posted by Raychel_Ca on 5/14/05 12:29am
Msg #37702

Help!! I think I messed up an Affidavit of...

Mortgage Loan Closer and I'm not sure how to proceed. This Affidavit goes as follows:


I,___________, the Loan Signer, Notary Public, etc, certify that on_____ I handled the signing for ________ for a loan in the amt of _____ made by XYZ mtg co.

I promise I gave them all their RTC's etc. (basic premise of this paragraph)


______________________________ __________
Signature of Loan Closer/Notary Public Date


(NOTE: If the Loan Closer is a signing service only and is not an Escrow Agent, Atty, or other Settlement Agent, the notarization of the Loan Closer's signature is not required.)


Subscribed and Sworn (affirmed) before me_______________________,
(Loan closer),_________________________this ____ day of__________,______.


_____________________
Notary

My commission expires:



Sooo, I don't need to fill in the Subscribed and Sworn part, right? I can't and don't need to notartize my own signature. However, I accidently filled in my name after "before me", signed on the Notary line and entered my commision expire date. So what should I do, continue filling in the rest and notarize it, or cross out what I have?

Thanks sooo much in advance.

Reply by Barry on 5/14/05 12:37am
Msg #37703

You already know that you can not notarize your own signature, so do not continue to fill this in. Also, I would be leary of doing this at all unless you are in the presence of a notary. If whoever is receiving the document is notarizing your signature without your being before him, that is unethical and illegal. If it is too late to trade copies with the borrower, then do not proceded with this sheet. Lastly, I normally cross out "loan closer" and replace it with "signing agent." A closer can be a settlement agent or attorney. A signing agent is a notary.

Reply by Lawrence Goodwin on 5/14/05 8:50am
Msg #37748

You can not notarize your own signature, so you only need to sign on the loan closer/notary public line. JMO

Reply by janCA on 5/14/05 10:23am
Msg #37757

Line through notary section.n/m

Reply by Ernest_CT on 5/14/05 10:47pm
Msg #37871

I'm with Barry and Jan/CA. n/m

Reply by sue on 5/15/05 9:04am
Msg #37900

These come in New Century packages and I won't sign them, even doctoring it up. Nothing to do with the notarial wording because it doesn't require notarization - it clearly states that. My reasoning is I disagree with what you've stated the basic premise of the paragraph is. It goes on to say that YOU filled out the RTCs (they've always come filled out) and that YOU have complied with Regulation Z???. I don't know what that federal Regulation says and I'm not going to read and study up on it and then make the determinination if I've properly complied with it.

Reply by LawrenceOK on 5/15/05 10:22am
Msg #37915

Just made a beliver out of me folks. I WILL NOT be signing anymore of these.