Posted by Ted_MI on 5/7/05 8:27pm
Msg #36467

Re: Attn. - MI notaries (in particular)

By way of background, I have done a fair amount of work (through a ss) for Washington Mutual, a bank in the state of Washington. About a month ago I received a directive from the ss that in Michigan all WaMu's signings had to be done in black ink. I had divergent reactions to this directive. One the one hand, I thought to myself "OK, they are just establishing some sort of institutional preference". But then on the other hand, I thought "OK if that is true why is it just Michigan?. Why not other states?" So the whole institutional preference approach just didn't seem to jive.

Then about a week after that, I was informed that a signing (or more specifically I guess the mortgage) I had done in blue ink in the middle of March had been kicked by the local register of deeds office and would need to be re-signed in black ink (just the mortgage). OK so then my reaction was "heh, this is a lot more than just an institutional preference."

It would seem to me that this policy of rejecting mortgages signed in blue ink would apply to more than just one bank in the state of Washington. I have been thinking of posting this message for some time. However, I figured first I should go to the Secretary of State's website. I just did that and found nothing in this regard.

So if anybody else has any insights into this, that would be great. All I can say is that I sure wouldn't sign any mortgages with blue ink if you are a Michigan notary.

Reply by To Ted-MI on 5/7/05 8:50pm
Msg #36470

Re: Attn. - MI notaries (in particular)

Ted I do many signings for Washington Mutual (I'm in CA) always in blue ink, it's never been an issue to date.

Reply by cristynes on 5/7/05 9:13pm
Msg #36472

Re: Attn. - MI notaries (in particular)

I also do tons of signing for WAMU and always use blue ink. Must be a Michigan thing. I'm in IL

Reply by Ted_MI on 5/8/05 1:05pm
Msg #36537

Re: Attn. - Only in Michigan !!

Hi,

Maybe I wasn't very clear in my original message; WaMu's requirement is only for notaries doing signings in Michigan. While they have stated a preference for the use of black ink in other states, there is no mandatory policy as there is with respect to Michigan.

Reply by PAW_Fl on 5/7/05 10:11pm
Msg #36480

Re: Attn. - MI notaries (in particular)

I've done quite a few Michigan property signings here in FL. (In the winter, we are a suburb of Detroit, I think. ) I always use blue ink unless specifically told otherwise (like for Citibank). I have not had a Michigan mortgage returned for any reason, much less the color of the ink.

Reply by Julie-MI on 5/8/05 9:23pm
Msg #36580

Re: Attn. - MI notaries (in particular)

As I have mentioned previously, if a document is executed outstate for Michigan property, the statute states the laws of the land where the document is EXECUTED will prevail. (I don't mean dower/homestead laws, just nitpicky laws).

This is why your docs for the snowbirds cannot be rejected if they are signed in blue ink as FL law does not prohibit the use of blue ink on documents.

Reply by MI_Notary on 5/7/05 11:57pm
Msg #36486

Re: Attn. - MI notaries (in particular)

I have not heard of this or that all loan documents needed to be signed in black ink. I generally use whatever I am told. However, with working in law firms and for my own preference, it is easier to know distinguish between a copy and a original if signed in blue ink. As far as I am aware, both are sufficient in the State of Michigan. Since I am sure you have been told which mortgage/signing it was that was rejected, contact that particular county register of deeds and ask them why or if that particular mortgage was rejected because of the ink color. They should be able to give you more information on the subject or if some law has changed. It may be a new preference for the mortgage company or an error in the mortgage itself and they are trying to cover themselves by blaming it on you. Call and investigate to find the truth. I will also check around and do some investigation of my own to see if there have been any new laws I have not heard of with regard to ink color. I'll keep you posted on what I find out. Also, let me know what you hear.

Reply by Ted_MI on 5/8/05 1:16pm
Msg #36538

Re: Attn. - MI notaries (in particular)

MI Notary,

No, it wasn't blamed on me at all. That was because the directive came out about April 7th, and I had handled the signing (and had the mortgage signed in blue ink) in mid March. When it's ready to go again, from what I am told I will take the mortgage out, get it signed (this time in black ink), and be compensated for my efforts.

The signing was conducted in Southfield, so it would be the Oakland County Register of Deeds that refused to accept it. I would call them, but this is a state wide policy (of WaMu). And as I said, I tried to do some due diligence by going to the Secretary of State's site. But I found nothing in this regard on that site. Heh, whatever you can find would be much appreciated. I indeed am curious.

I don't think it was an error in the mortgage, as I have been doing these WaMu signings for a number of months, and I think the mortgages are pretty much the same. And again, I did think it was a preference, until I was told that a mortgage for one of the signings I had done had been rejected because it was in blue ink.

Reply by Julie-MI on 5/8/05 9:25pm
Msg #36581

Re: Attn. - MI notaries (in particular)

WaMu is misinterperating the statute. As I stated you can sign in blue, but if they are paying you to go out again, no big deal.

Reply by Nd_WA on 5/8/05 5:05am
Msg #36497

FYI: Washington recording standards

Washington documents recording standards RCW 36.18 and 65.04:

"Common Problems for Document Refusal - Seals in margin, signature or initials in margin, missing parcel number, something other than the return address in top 3" margin, one-inch margins are not one-inch."

Though color is part of the standards format, but might just be an institutional preference as mentioned by Ted. The local TCs here are awared of the very strict guidelines about the 3" and 1" margin. Back in my RE years, I have seen EO uses sticky pad, ruler or just about anything to keep that 1" margin clear of any ink mark during signing.

This is a must to watch out for should anyone ever run accross a WA mortgage.

Reply by Victoria/FL on 5/8/05 8:43am
Msg #36505

Re: Attn. - MI notaries (in particular)

I frequently do the WAMU HELOCs and noticed in late April that the special instructions had changed to say, "WAMU in Michigan REQUIRES BLACK ink and recommends black ink for signings in other states, although blue ink is okay at this time." It had never been written before. I sign all my loans in blue ink, unless specifically asked for black.

I suggest you call your county recorder's office and see what they have to say. If Michigan is now requiring black ink, they would be one of the first ones to know.

Reply by Sylvia_FL on 5/8/05 9:08am
Msg #36510

Re: Attn. - MI notaries (in particular)

I do a lot of weddings, and the instructions on the licenses are to sign in black ink, but every time the recorders office that issues the license has everything filled out and signed in blue ink.
I still sign the license in black ink as that is the instructions. The last marriage license I walked through the recorders office, I pointed this out to the clerk. She said "we always use blue ink and until the higher ups tell us different that is what we will do, it is easier to distinguish between the photocopy and the original"

Reply by Markita-MI on 5/8/05 10:18am
Msg #36514

Re: Attn. - MI notaries (in particular)

Hi there Ted. I am not sure why but of late I have run across maybe three that specifically say sign in blue or sign in black. I keep both ink colors with me for such occassions. Since these companies advise you that one may not be paid unless signed in the desired ink color, I play along.

I was told that the companies that require originals prefer blue because it just makes it easier ito distinguish copy or not as opposed to black ink. However, overall most of the companies are not that picky blue or black is fine.

Markita

Reply by Maureen - MI on 5/8/05 2:11pm
Msg #36541

Re: Attn. - MI notaries (in particular)

There is nothing in the Michigan Compiled Laws Stating a specific color ink.
I have done many Signings with "Blue Ink" -- None have ever been rejected.

This must be just a requirement for WaMu. Or, someone has mistakenly read another State's requirements (another state which starts with "M"), and accidentally put Michigan.

Call Oakland County on Monday and see if they rejected it. (I really doubt that they did).

Let me know how this turns out.

Reply by Ted_MI on 5/8/05 2:28pm
Msg #36544

Re: OK; will do n/m

Reply by Julie-Michigan on 5/8/05 9:19pm
Msg #36579

Michigan recording laws

I have not read the other responses, forgive me if someone already responded correctly.

Our recording laws changed a while back You can sign in blue ink, but additional writing such as adding our venue or adding the date, must be in black. If you use a stamp, it must be black ink.