Posted by SLP_VA on 11/29/05 2:25pm
Msg #79050

Another case of Identity Affidavit...

I did closing last Friday. In the package was an Identity Affidavit that required my signature along with notarization. The borrower did not have to sign this. Only me. I did what I normally do. I signed and did not notarize (scratched out the notarial wording)and placed a stickie on sheet that said, 'Sorry, I cannot notarize my own signature'. Today, I received a call from the title company that stated the lender requires this to be notarized. She said I am not notarizing my signature, but notarizing the information regarding the identity of the person and info filled out on the form....?????? Sorry, I have never heard of this and VA law specifically states that under VA law, a notary may not perform any notarial act that the notary is a party to on the document.

If anyone has any input on said subject, please advise. The title company stated she would call lender and get details on what needed to happen and call me back, but as far as I'm concerned, I cannot and will not be notarizing that document that has my signature on it.

TIA

Reply by BrendaTx on 11/29/05 4:06pm
Msg #79067

I have seen the ID affidavit you refer to but I have never run into being pressured to do this. I just sign without my notary info. You were correct not to do it.

What about faxing the Va. state rule to the title company?

It's possible that the lender will not require it once they talk. I don't know of many states (Maybe Pa.) which allow this type of notarization. You'd think they'd be accustom to the notary's refusal by now.

Reply by LynnNC on 11/29/05 6:14pm
Msg #79085

You cannot notarize information, only a signature.

Reply by Becca_FL on 11/29/05 6:49pm
Msg #79091

Most of the time I do just what you did. I do business with one Co. that wants this doc Notarized period. So what I do is draw a line (or Two) on the aff, have the borrower(s) sign the doc and correct the Notary Cert. to comply with Florida laws.

Reply by SLP_VA on 11/29/05 7:09pm
Msg #79093

Thanks all...Becca, if I perform another signing for this particular company, I will more than likely do that. But the title company never called me back, which may mean that lender was not that concerned with it as title company stated.

Reply by Anonymous on 11/29/05 8:00pm
Msg #79100

how about a sgnature affadavitt? there always seems to be a problem with the identity aff. they always want it to be sealed, i tell them i cannot. what about loose acknowledgements? i have a ss co tell me to send a loose acknowlegement that states the borrowers signed a compliance agreement and sgnature affadavitt when i already had the sig. aff signed, then they want me to write my comm # on the acknowlegement.

Reply by Joan Bergstrom on 11/30/05 12:40am
Msg #79156

If anyone wants a copy of what I use just email me

[e-mail address]