Posted by CindyinCA on 5/9/05 11:08am
Msg #36633

Newbie in California

Tonight is my very first signing. I received docs on Sunday and have been studying them ever since. Took a loan signing class last weekend and did not run into this particular doc that I am uncertain about. First of all this is a ditech loan. I am uncertain about the survey affidavit. It has typed in both borrower's names and a list of 6 items that they are swearing to such as age, amount of loan and the following items are true about property, etc., then at the bottom is a signature line for each affiant. My question is: to me the verbiage is wrong. it says Sworn to and subscribed before me this __ day of __ 2005. and a signature line for notary and my commission expires___. There is no room for a jurat stamp so should I attach a jurat or use this? and if I do attach, do I use one jurat for both borrowers or do I use a jurat for each.

Also what is up with all the RTAs. they have enclosed like 9 RTAs. Is this normal? or does Ditech do this? Help.

Reply by MelissaNV on 5/9/05 11:28am
Msg #36635

"Sworn" would be your key word that this is a jurat, no extra wording needed.
It should say that each person gets 2 copies of the RTC. Thats why the extra copies.

Reply by CaliNotary on 5/9/05 11:36am
Msg #36636

""Sworn" would be your key word that this is a jurat, no extra wording needed."

Yes, there is extra wording needed. It must have the exact California wording. If there's no room on the page a loose jurat must be attached.

What did they teach you about the jurat wording in the loan signing class? Did they mention that they CA wording changed at the beginning of this year?

Reply by MelissaNV on 5/9/05 11:39am
Msg #36637

sorry--shouldn't have answered a CA question-your right n/m

Reply by CindyinCA on 5/9/05 11:40am
Msg #36638

Yes, they did teach me the new wording. Guess I am second-guessing myself. Now do I use one jurat for both or a jurat for each?

Reply by Dogmonger, Ca on 5/9/05 11:45am
Msg #36639

1. You do need to attach a new California Compliant Jurat. Have them sign the Survey Affidavit after administering the oath, put both signers name on your loose jurat, and yes the always put 9 RTC's on a DiTech

Reply by CindyinCA on 5/9/05 11:50am
Msg #36640

Re: Newbie in California to Dogmonger

Your kind response to my question is greatly appreciated. Thank you for your help. One more question if you don't mind. The RTCs, do I return all 9 and indicate the RTC date on their copies or do I give each borrower 2 copies of the RTC out of the original docs?

Reply by Dogmonger, Ca on 5/9/05 11:52am
Msg #36642

I believe their are 9 also in the Borrowers copies

Make sure they are dated, and return all nine of the originals, do they need nine, nope, do they want them , yup

Reply by CindyinCA on 5/9/05 11:56am
Msg #36643

Re: I believe their are 9 also in the Borrowers copies

Yes, you're right there are nine in the borrower's copies. Once again, thanks for your help.

Reply by Art_MD on 5/9/05 12:04pm
Msg #36648

Re: Newbie in California to Dogmonger

Each person with an interest in the property must get 2 copies of the RTC - with dates.
If there are 2 copies in the borrowers copies for each party, the law has been met. Send the lender's package back with all their RTC copies.
If there are not 2 copies per interested party, call the SS/TC and see if they want you to use copies from the lender's package.
If in the future the borrower's package doesn't contain the right # of RTC, and you can't get ahold of the SS/TC, I would use copies from the lender's package. As an aside, if you had 2 borrowers, 5 copies in lenders package, none in borrowers, I would use 4 for the borrowers, and have both borrowers sign one copy which I would send back with the package.

This is my own opinion..


Art

Reply by Sylvia_FL on 5/9/05 12:46pm
Msg #36658

I remember my first Ditech!

I went out, there were 9 copies of the RTC in the lenders package, which I was expecting as I had read messages on the NASA board to that effect.
I had the borrower sign one copy and I returned the one copy with the docs.

A couple of days later I got a call, that I hadn't had the borrower sign ALL 9 copies. They didn't want them back - they only needed the one I sent back, but they insisted I go back out to the borrower and have her sign the copies I left with her.
I went out and the borrower thought it was ridiculous that I had to go back out just to have her sign her copies.

They must have called the borrower after I initially went out and asked her if all copies were signed.

Reply by ERNA_CA on 5/10/05 12:17am
Msg #36833

Re: I remember my first Ditech! Sign her copies. Yesssss

I read oabout a case where the borrowers could not cancel their loan as their RTC was not correctly filled in. Notary had not made sure their copies were correctly prepared at the signing, and borrowers only signed the I want to Cancel part and they were stuck with the loan, it held up in court.

Reply by PAW_Fl on 5/10/05 8:37am
Msg #36868

Re: I remember my first Ditech! Sign her copies. Yesssss

There must be more to it than just the signature thing. Since it is not required to have the notification signed at all to show receipt. Further, the borrowers are not even required to use that form to notify the lender of intent to cancel. They simply could write a letter stating they wish to cancel. The requirement from the code is:

TITLE 12--BANKS AND BANKING - CHAPTER II--FEDERAL RESERVE SYSTEM

PART 226--TRUTH IN LENDING (REGULATION Z)

Subpart B--Open-End Credit

Sec. 226.15 Right of rescission.

(2) To exercise the right to rescind, the consumer shall notify the
creditor of the rescission by mail, telegram, or other means of written
communication. Notice is considered given when mailed, or when filed for
telegraphic transmission, or, if sent by other means, when delivered to
the creditor's designated place of business.

Reply by Rosemary Brooks on 5/9/05 4:52pm
Msg #36716

Re: Newbie in California to Dogmonger

I have whatever is in the package signed by who is supposed to sign it. I do question in my mind why all the copies of the same form, but I figured out long ago they must need them so I just tell the customer that they need all the these copies with original signature for different things so that is why they do need to sign all that is enclosed. and it is pretty simple after that. It is not my place to take out or add to the package unless in the instructions.

But that's just how I do it. I love doing this, I just wish the companies would increase the pay without my having to tell them they are too low and then having them not call me back because I ask too much and the next notary will take the lower fee!

Reply by Dogmonger, Ca on 5/9/05 11:50am
Msg #36641

PS

You had better have a bunch of copies of those California Jurats, I think all but one need to be replaced on a DiTech

Reply by Dogmonger, CA on 5/9/05 11:57am
Msg #36644

PSS

Someone else asked about Ditech's the other day. Here is a link to what I remember.


http://www.notaryrotary.com/forums/forumsbody.asp?id=&forumid=1AAA00000003&messageid=1AAA00079766&action=view&rid=&replytonbr=&replytoid=&subject=&format=threaded

Reply by SarahBeth_CA on 5/9/05 12:00pm
Msg #36645

Re: PSS

Thanks again Dog. you are a true pro!

Reply by Dogmonger, Ca on 5/9/05 12:02pm
Msg #36647

I doubt that:-o

But I have done a ton of those DiTechs. They have been very popular in my area.

Reply by SarahBeth_CA on 5/9/05 12:06pm
Msg #36649

Re: I doubt that:-o

Yes Dog you are. When you answer a question you are clear, correct, and courteous.

Reply by Dogmonger, Ca on 5/9/05 12:27pm
Msg #36655

Maybe my Sister should read this:^)

And my wife too. It is nice of you to say:-)

Reply by CindyinCA on 5/9/05 12:34pm
Msg #36656

Re: Maybe my Sister should read this:^)

I had a feeling you were male, just by your courteous replies. Couldn't tell by your name. Stay sweet.

Reply by BrendaTx on 5/9/05 2:44pm
Msg #36692

Dog...

I popped off in the posts of this threads about what does a pro-Dogmonger do...and I hope it did not sound ugly...you are a very nice person and pretty gosh darn helpful.

It's just that I have always wondered what Dogmonger meant...and, of course, figured if I knew what a Pro Dogmonger did...I'd have the answer to that.

Reply by Dogmonger on 5/9/05 3:05pm
Msg #36696

Brenda I didn't get this old and pretty

by being thin skinned. I am a big fan of College Athletics, my alma mater has a dog for a mascot. I adopted this moniker many years ago to post on National and Regional Sports forums. No big secret, no intrigue, darn it:-) I alawys appreciate all digs or compliments:-)

Reply by PAW_Fl on 5/9/05 3:17pm
Msg #36697

Re: Brenda I didn't get this old and pretty

By definition of the word parts, this person would be a puppy peddler.

DOG - Canine animal
MONGER - A dealer in a specific commodity. Often used in combination: an ironmonger.

So, I submit a PRO-Dogmonger, would be someone who sells dogs for profit as their profession. I.e., pet store owner, breeder, puppy mill processor, etc.

Of course, this obviously has absolutely nothing to do with the moniker, as we've been told.

Reply by Dogmonger, Ca on 5/9/05 3:33pm
Msg #36701

Maybe I owned a hot dog cart in my other life

Just kidding:-)

Reply by Kiso on 5/9/05 12:06pm
Msg #36650

Re: I doubt that:-o

I think Ditechs are the easiest out there.....you'll do fine!

Reply by CindyinCA on 5/9/05 12:08pm
Msg #36652

Re: I doubt that:-o

thanks for the encouragement, I need it.

Reply by CindyinCA on 5/9/05 12:06pm
Msg #36651

Re: I doubt that:-o

Where in CA are you?

Reply by Kiso on 5/9/05 12:16pm
Msg #36653

Re: I doubt that:-o

I'm in Los Angeles

Reply by BrendaTx on 5/9/05 2:28pm
Msg #36683

What's a Pro-DogMonger do??? n/m

Reply by GreginCA on 5/9/05 12:42pm
Msg #36657

Cindyin CA

By the way, how did you get your first gig, and how much are they paying?

Thanks,

Reply by CindyinCA on 5/9/05 12:47pm
Msg #36659

Re: Cindyin CA

Just listed here and got a call 2 days later. They are paying $60 and I'm traveling about 10 miles. Need the experience.

Reply by ColleenCA on 5/9/05 12:51pm
Msg #36661

Re: Cindyin CA- Where in CA are you located? n/m

Reply by CindyinCA on 5/9/05 12:52pm
Msg #36662

Re: Cindyin CA- Where in CA are you located? n/m

Beautiful Bakersfield. And you?

Reply by ColleenCA on 5/9/05 1:07pm
Msg #36666

Re: Beautiful Ventura n/m

Reply by Dogmonger, Ca on 5/9/05 1:39pm
Msg #36673

Born and raised in Porterville, just up the road

Will it still be beautiful in July and August. I currently still live in the Great San Joaquin Valley about 25 miles northeast of the greater Clovis/Fresno area:-)