Posted by ERNA_CA on 5/28/05 1:51pm
Msg #40997

Looks like hes up to no good, so sad

Had a signing where the wife had to sign off on relinquishing all rights to the property. The hubby was a nervous wreck, and just wanted her to sign what she needed to sign and then run out to get him something to eat, he didn't want her to read anything. From his comment to her she was thinking she was being added to title, now it dose happen that one party is taken off title and then added back on after the loan closes. But his demeanor told be something wasn't right, he couldn't look me in the eye and he kept popping out side to smoke, and was trying to get the wife out of the way. They have two little boys and I kept thinking ...pleace god don't let this be true....I would not want to be a party to someones dirty dead. But we are impartial wittiness's to the signing, she did know she signed off but was looking for another document to be added back on the deed which was not there. And when she asked he hassled her out the door to get him something to eat. I did try look him in the eye when he sat back down, he wouldn't make eye contact and was a nervous wreck. Ruined my day, just cant get it out of my mind....sorry just had to get this off my chest.

Reply by stamper_WI on 5/28/05 4:48pm
Msg #41027

I would have given her my card

Reply by Nicole_NCali on 5/28/05 5:16pm
Msg #41031

It doesn't matter if she is off the title. Since this is California, the community property rules override the actual deed. I was just informed by a lawyer that if I acquired property while married to my husband, he has claim to this property in the case of a divorce. So I am glad you are concerned, but in your journal, put a note or a comment on this signing that this notarization may be subpeoned in a future action and keep very good notes for yourself if you are asked to appear in court.

Reply by ERNA_CA on 5/28/05 8:02pm
Msg #41057

I did make notes to the facts as I saw them in my journal. Community property laws might protect her, as long as he doesn't sell the house and hide the money and file bankrupcy...well my imagination is mabe running wild now. If he is up to no good I sure hope he doesn't get away with it.

Reply by Melody on 5/28/05 5:14pm
Msg #41029

I wouldn't have notarized any of her signatures, especially the DoT.

Wife doesn't know what she is signing.
Suspicion of coercion / misrepresentation.
Husband acting nervous may indicate he is on drugs.

You are right to worry.

If it were me, I would void my notarizations and send back the package without certificates.

I would telephone the title company and let them know what I saw. I wouldn't call the lender because the LO may be in on it.

I would call the SS to keep them in the loop and just hold the phone away from my ear as they yelled at me.


You said: "I would not want to be a party to someone's dirty dead." I agree.

Reply by Jenni/ CA on 5/28/05 5:22pm
Msg #41033

It is illegal in CA to refuse to notarize a legal notarization request. Becareful, you don't want to be guilty of UPL.

Reply by ERNA_CA on 5/28/05 8:06pm
Msg #41058

She did know what she signed but was looking for the form that would put her back on the deed, which wasn't there. And hubby got nervous when she asked. She signed RTC I hope she asks hubby or LO again when she is signing the form that will put her back on the deed and uses her RTC if things are not as they should be.

Reply by ERNA_CA on 5/28/05 8:30pm
Msg #41059

Re: Looks like hes up to no good, so sad. Melody

She knew what she signed.
His nervousness seemed to me to be more of a guilty conscience rather than someone on drugs.
We are to be impartial wittinesses to a signing, we can not say anything about outrageous rate, fees or contents of a loan or a lack of deed putting wife back on title. She asked so mabe she suspects something and she did sign an RCT. I made my notes so if anything ever happens i can provide my impute at that time.
If something is wrong in their life and he is trying to pull a fast one, she might suspect and do smoething about it, she did not strike me as beiing stupid.

Reply by CaliNotary on 5/29/05 12:39pm
Msg #41112

"I wouldn't have notarized any of her signatures, especially the DoT.
Wife doesn't know what she is signing.
Suspicion of coercion / misrepresentation.
Husband acting nervous may indicate he is on drugs."

This is really horrifying that you wrote this. You wouldn't have notarized the wife's signatures because the husband was acting nervous? And you would make the ridiculous leap that his nervousness may indicate that he is on drugs?

You really REALLY need to brush up on your state's notary law. It sounds to me like you don't quite get the point that we are supposed to be impartial witnesses to their signatures. Based on what you wrote here, you are anything but impartial. You can't just make up reasons like "he's nervous, so he must be on drugs" to void the notarization of somebody, especially when the notarization you're voiding ISN'T EVEN THE PERSON YOU "SUSPECT" OF BEING ON DRUGS.

As for coercion/misrepresentation, where exactly did that happen? How would you know for a fact that the husband wasn't going to add her back onto the title? He may have been telling the truth 100%. It's not our place to decide things like that, and you can get yourself into a heap of trouble if you start sticking your nose in places where it doesn't belong as a notary.

Reply by ERNA_CA on 5/29/05 12:44pm
Msg #41115

Re: Cali...excatly ....impartial is the key word. n/m

Reply by Terri_CA on 6/1/05 12:30am
Msg #41384

I understand where you're coming from Melody. However, if the wife KNOWS what she's signing and proceeds to sign, then there's nothing we, as a Notary can do, unless the coersion from the husband to the wife is done in the Notary's presence.

My concern here is that if she's signing a deed that removes her from title/vesting, why was there a NOR/RTC for her to sign? She's effectively no longer a vested owner? Therefore, not required to sign a NOR/RTC? But heck that's UPL!

Terri
Lancaster, CA

Reply by SamIam_CA on 6/1/05 10:28am
Msg #41441

***where the wife had to sign off on relinquishing all rights to the property***

I think Erna's post referred to the wife signing a quit claim deed. It is a single short form where you "quit" having interest - or a "claim" on the property.

No RTC is involved. My sister had her husband sign one right before he packed his bags and walked out on her. Made her divorce much easier.