Posted by Ted_MI on 5/10/05 2:33pm
Msg #36967

Re: Attn. MI notaries - update - important !!

Hi all,

This is a follow-up to my prior message and the subsequent thread. By way of background and this is something that I unfortunately neglected to put in my prior post, this is what was communicated to me by the ss in an email relative to a mortgage that was signed in blue ink as part of a HELOC signing:


"Need deed resigned due to new BLACK INK requirement in MI."


The emphasis is not mine, by the way. The word "deed" was used, but actually she meant mortgage.

OK, so I called the local register of deeds office. Was the ss totally correct? No. Were they by in large correct? Yes, they were !! Now could the signatures have been in blue ink? Yes, that would have been permissable. But everything else, like what I put in the notarization block, the dates, etc. that all had to be in black ink. And It wasn't, and that is why the mortgage got rejected.

I suppose this does comport with what Julie - MI set forth in a prior email, as to the specifications of a certain MCLA section (Michigan Compiled laws Annotated).

And yes, this is not just peculiar to the Oakland County Register of Deeds office, but it is a state-wide requirement as I had suspected. Did I ask when this requirement was implemented? No; I forgot to.

And the interesting aspect (to me) of all this is that I have a signing tonight, and I have been instructed to use blue ink. I wonder whether they will listen. We shall see.

Reply by Charm_AL on 5/10/05 3:02pm
Msg #36975

Re: Attn. MI notaries - update - important !!

that's interesting, I'd like to see what happens in the blue ink request case...I have a choice here, but I always do it in blue so the lender finds it easier to determine originals from copies, and several SSs request blue as well.
Are you going to call the SS back and tell them your state's law on the matter?

Reply by Ted_MI on 5/11/05 11:20am
Msg #37097

Re: Attn. MI notaries - update - important !!

Charm,

Yes, I did that - shortly after I got off the phone from talking to the woman at the register of deeds office. They told me they would contact the lender, but if I didn't hear anything back from them to just go ahead and use blue ink. Didn't hear anything back so I bit my tongue and just followed directions.

Well, you know what they say about new tricks........ and old dogs.

Reply by Art_MD on 5/11/05 11:31am
Msg #37106

Re: Attn. MI notaries - CYA

What's wrong with printing an extra copy of the DOD, have it signed 2 ways. Send both back with note saying "I a great signing agent, I covered you butt, now pay me what I'm worth and give me lots of business".

(I was going to say just make extra copy of signature and notary pages but don't think that is quite right.)

Art

Reply by Julie-MI on 5/10/05 3:08pm
Msg #36979

Ted, don't worry about tonight!

Just use a blue pen for your signature on the mortgage and for the borrowers. If you need to hand write info in your acknowledgement, use a black pen on the mortgage only.

On all other docs, just use the blue ink, they are not recordable and you could use pink ink if the lender allowed it.

As I said, this went into effect in 1997 as a state statute. It just depends on how picky the recording clerk is at the time the document comes across the desk.

Reply by Ted_MI on 5/11/05 11:28am
Msg #37104

Re: Ted, don't worry about tonight!

Hi Julie,

Thanks for your thoughts. Man I can't believe that statute has been on the books that long; that's like seven/eight years. I really got the impression that this was something relatively new.

I agree it probably does depend upon how picky (and also knowledgable) the recording clerk is. Well the signing last night was down in Detroit. I will leave it at that.

I agree with you that your suggested approach would have been the best way to go. I just basically said OK and used blue ink all the way through. If I had been in Oakland County, hopefully I would have done exactly that.

Reply by Maureen - MI on 5/11/05 1:30pm
Msg #37138

Office Of The Great Seal said.........

Ted,

I spoke with the Office Of The Great Seal just a few minutes ago. First I spoke with a lady named Rose, she then had me talk to Robin at the Office Of The Great Seal.
Robin (who has been at the Office Of The Great Seal for 2 years) stated that there is NOT a color that has to be used. The Office Of The Great Seal "recommends" using "BLUE INK" - - this is only a recommendation and is Not required. They only recommend Blue Ink because, you can tell the difference between the photo copies and the original.
Even our stamps (with our name, when our commission expires, acting in County of ___ etc.) don't have to be a certain color.
Robin said to refer everyone to MCL 55.287 -- which is in reference to "Signature of Notary Public" - which does NOT stipulate any color whatsoever.
Robin also stated that no one can impose requirements on Notaries that aren't in the Acts.
She also stated that Oakland County Register Of Deeds is breaking the Law, by telling the Notary to use certain color ink.

As we all know, Notaries can't draw up the documents -- so if there is a requirement for the documents..... we as Notaries are not concerned with that part (up to the Lenders etc.).

So, that's the info I got from the State Of Michigan.