Posted by ColleenCA on 5/24/05 11:44am
Msg #40032

I may get slammed, but here goes...

On page 6 of the deed is a doc titled Request for Notice of Default and Foreclosure Under Superior Deed of Trust or Mortgate with wording stating "We and You request the holder of any encumbrance with a lien which has priority over this Deed of Trust give notice to Us, at Our address set forth on page one of this Deed of Trust, of any default under the superior encumbrance and of any sale or other foreclosure. Then below that it is titled: Request For Reconveyance and wording states: To Trustee: The undersigned is the holder of the Agreement secured by this Deed of Trust. The agreement together with all other indeebtedness, blah blah blah. Then there is a line for a date and signature. Finally my question: Does the borrower sign this? Sorry if this sounds ignorant, but it is the first I have seen of this. Thanks!!!!!

Reply by SarahBeth_CA on 5/24/05 11:51am
Msg #40034

I haven't seen that yet. Am I correct in assuming that the borrowers name is not typed in there. I would call the ss (or whoever the job came from) and ask them. If the borrowers name is not what goes there then they need to instruct you on what to do. And you need to advise them that we cannot notarize incomplete docs. I know that they should know that but alot of times they don't.

Reply by ColleenCA on 5/24/05 12:01pm
Msg #40037

No, the borrowers name is not typed in, that's what confused me too. I tried calling the SS and only received voice mail. I'll try calling again later, but I thought someone here might know. Thanks SaraBeth!

Reply by SarahBeth_CA on 5/24/05 12:05pm
Msg #40039

When is the signing scheduled for?

Reply by SamIam_CA on 5/24/05 12:11pm
Msg #40042

I saw the same type of thing a couple of loans ago. I e-mailed the title company as shown

"Please note that the package contains a “Request for Notice of Default and Notice of Sale” with a notary acknowledgment at the bottom of the page. I assume this form is only to be used in case the borrowers actually default on this loan and therefore I am leaving the document blank."

They confirmed that it should not be filled out. I think that you may have the same form. Do you want to fax it to me so I can take a look?

Reply by ColleenCA on 5/24/05 12:25pm
Msg #40047

Re: Sure SamIAm, what's your fax number?

Reply by SamIam_CA on 5/24/05 12:29pm
Msg #40048

619 265-8277 n/m

Reply by SamIam_CA on 5/24/05 12:35pm
Msg #40049

Sorry - I have to leave!!! Will be back in about 2 hrs. n/m

Reply by CAtitlegal on 5/24/05 12:13pm
Msg #40043

First, a Request for Notice is a recorded request by anyone desiring written notice of the recording of a notice of default under a deed of trust; or the scheduling of a trustee's sale. Typically, the holder of a second deed of trust wants to know if the first goes into default, because then, obviously, their note may be in jeopardy also, and their trust deed is not in a first position.

The requests for notice I've seen are signed by the borrower. The language "We and You" would indicate that both the lender and the borrower are agreeing to this. I suspect that your Request is actually in the deed of trust, not the deed, and yes, I would have the borrower sign it.

Reply by SamIam_CA on 5/24/05 12:19pm
Msg #40045

Title Gal - is the holder of the agreement the lender?
***The undersigned is the holder of the Agreement secured by this Deed of Trust.***

Reply by ColleenCA on 5/24/05 12:21pm
Msg #40046

Re: CAtitlegal...

Yes, it is in the deed, 6th page after the 2nd page that requires notarization. It does not have a spot for notarization, just the blank date and signature lines. I would agree with you that the language indicates they are both agreeing to it. It is confusing as I would think if the lender required the borrower to sign it, they would have printed his name under the signature line.

Reply by CAtitlegal on 5/24/05 12:38pm
Msg #40051

Re: CAtitlegal...

Colleen, it sure does sound confusing! Seems requests for notice are becoming more and more prevalent...as borrowers have less and less of their own money in property.

You would think that the lender would take the time to have the borrowers names printed, I agree. If it were me, I'd do what you're doing - check with the SS, and get clarification before signing.

Reply by CAtitlegal on 5/24/05 12:42pm
Msg #40053

To Colleen

If you'd like to fax the deed to me, I'd be happy to take a look at it...let me know and I'll send you a different fax number than is listed on my profile.

Reply by ColleenCA on 5/24/05 12:45pm
Msg #40054

Re: To Colleen - Thanks everyone for your imput.

Just spoke with the SS and they said everything that is sent with a signature line requires a signature. They said just to print his name under the signature line and have him sign it. I hope he doesn't give me a problem with it.

Reply by CAtitlegal on 5/24/05 12:50pm
Msg #40056

Re: To Colleen - Thanks everyone for your imput.

Good, glad they gave you direction. Bye the way... the title of your thread...if anyone would be "slammed" by asking a bona fide question about a VERY unclear document on a message board intended for such things...I'd have a thing to two to say about it.

Reply by Jon on 5/24/05 12:45pm
Msg #40055

I see those all the time and have for the last 8 yrs. I have NEVER had anyone sign that when it appears after the notary block, and no one has ever said anything to me.

Reply by ColleenCA on 5/24/05 1:01pm
Msg #40057

Well, now I'm really confused, but I will stick with the instructions of the SS.

Reply by Dave_CA on 5/24/05 1:12pm
Msg #40060

I agree with Jon. I believe this is used when the lender sells the loan and I have never had a borrower sign.
I think you need to follow the SS instructions but I believe they are wrong would try for another opinion from them if possible.

Sorry I know this must be frustrating.

Reply by Dave_CA on 5/24/05 1:14pm
Msg #40061

missed the add link... N/M

Reply by ColleenCA on 5/24/05 1:24pm
Msg #40066

Re: I agree with you all!

I actually got 2 opinions from SS. One from the contact and she checked with her supervisor just to make sure. The supervisor stated that if it is in the docs there is a reason for it and it has to be signed. I think I will include a note in the package that I did call to confirm what they wanted and who authorized me to do so. Thanks again everyone!

Reply by CAtitlegal on 5/24/05 1:34pm
Msg #40069

CYA...best policy of all......n/m

Reply by Jon on 5/24/05 1:37pm
Msg #40070

Re: I agree with you all!

The "supervisor" needs to get some experience w/loan docs.

You definitely need to do as the SS instructed, but keep meticulous notes about who you spoke to and what was said. Sadly, since those are usually a page by themselves the TC can just replace the one page and know one will ever know. With the SS giving out wrong info, the TC is probably used to it.

Reply by JanetK/CA on 5/25/05 1:45am
Msg #40240

Re: I agree with you all!

I'm sorry, but that answer ("there's a reason for it...") sounds a lot like the ones I get from someone who either isn't listening and just wants the question to go away OR they don't know what they're talking about. I'm always especially concerned when a question is passed on second-hand. It's like playing that old game of "Telephone". Could the supervisor have heard a question very different from what you asked your contact person?

A Request for Notice of Default on a DOT is very common, especially with HELOCs. I, too, never have the borrower(s) sign it and it's never been a problem.

Reply by Bob-Chicago on 5/24/05 1:18pm
Msg #40063

word HOLDER is the key

The "holder" is the owner of the debt
In other words, the lender
The lender is the one to sign this part of the document
Nothing for you to do here
You ack bwrs sigs.

Reply by SarahBeth_CA on 5/24/05 2:34pm
Msg #40084

SS instructions

********Just spoke with the SS and they said everything that is sent with a signature line requires a signature. They said just to print his name under the signature line and have him sign it. I hope he doesn't give me a problem with it.*******

My issue with thier instructions is this as a notary in CA we cannot prepare the docs in any fashion. I would suggest that you have the borrower print his name under the signature line and have him sign it. Then put a post it note on the paper saying who instructed you and what thier instructions were and that to be in compliance of CA law you had the borrower fill his name in. I know that may sound a bit anal but you have to look out for yourself, the ss isn't going to they are more concerned about thier own rear end.

Reply by ERNA_CA on 5/24/05 3:01pm
Msg #40097

Re: SS instructions

"They said everything that is sent with a signature line requires a signature. print name under signature line and have him/her sign"
woooooooooo that SS better reconsider what they just said.
There are many documents in a loan package which require a signature from the closer and also documents which have to do with the loan being sold and requires the seller of the loan to prepare.
Scary!!!!!!

Reply by Bob-Chicago on 5/24/05 8:04pm
Msg #40172

Re: SS instructions

I still believe that the quoted language"To Trustee: The undersigned is the holder of the Agreement secured by this Deed of Trust. The agreement together with all other " is determinative of the question. Their seems to be only one signature line, and it is clearly for the lender. I think that the SS is wrong. You can't get into too much trouble following their instructions, but you might want to get it in writing.
Good Luck

Reply by Simone E. Lewis on 5/24/05 8:48pm
Msg #40183

Collen, are these Citibank Elocs. (Page 6 of 6) This is for the lender in case of foreclosure. Not for Notary to complete. Leave blank.

Reply by SarahBeth_CA on 5/24/05 9:30pm
Msg #40188

In CA you cannot notarize an incomplete document. Any blank makes it incomplete.

Reply by Jon on 5/25/05 3:10am
Msg #40243

So what you are saying is that if the DOT has 4 signature lines and only two signers, you can't do the notarization because the blank signature lines make the doc incomplete???????? If so, that is one of the most ridiculous things I have ever heard, and I emphatically disagree.

What if the wife is in SF and the husband is in SD and they have to sign at different times? I think you need to read the law and not listen to whomever told you that. Blanks in the document refer to the body of the text, not signature lines.

Reply by ERNA_CA on 5/24/05 11:01pm
Msg #40217

Re: Hey Simone.....:)......n/m