Posted by GL/CA on 11/30/05 4:20am
Msg #79161

Exhibit "A" Please Advise

I am doing signings for a local mortgage company. Differnet title companies. Tonite I got a set of ld's without an actual "Exhibit A" form. Now I'm in CA. Part of the DOT page 2 describes the property in that "III. Description Of The Property...bla bla bla....xxxxx street ave. The legal description of the property is attached as Exhibit "A" which is make a part of this security instrument. This property is called the "described Property".

Is the above..... theee exhibit A???? Should I be looking for a separate form?? Or is "as" the key word here.

Last week a different title company.....An actual form by itself called "Exhibit A". This form required notarization.


Thank you in advance

Reply by Ginger Lee on 11/30/05 4:36am
Msg #79163

One more thing. Also in this package is a "Rider To Security Instrument and Modification to Note". "Fixed Rate Option Feature."
says blah blah blah...last page..."in witness whereof the undersigned has executed this rider and modification on the _________ day of _____________.

Please sign your name exactly as it appears below.

judy smith bottom of this page says. "ATTACH INDIVIDUAL NOTARY ACKNOWLEDGEMENT".

Is borrower signing this.....just to say she acknowledges this rider? Not that she is wanting a fixed rate? correct. Boy I hope I made some sense here. Thanks in advance.

Reply by TitleGalCA on 11/30/05 8:21am
Msg #79176

You have instructions to sign and attach an acknowledgement as this is a rider to your documents. She isn't acknowledging the rider...you're acknowledging her signature on the rider, assuming Judy Smith is your borrower.

(am I missing something here?)

Reply by Anonymous on 2/25/06 1:42pm
Msg #99956

Re: Exhibit "A" Please Advise

I for one am getting pretty tired of the signing agencies and Lenders getting sometimes very upset with me and even calling me to picky when I mention that I cannot notarize the Deed of Trust or Quit Claim Deed without Exhibit A. I just got off the phone with one that told me no other notaries are so picky about having one and couldn't I just submit it anyway - she was actually upset with me even though I told her in Arizona it is against the law to notarize a document with blanks and that is considered a blank. This isn't the first time this has happened either!!

What's up? Are most of you guys not getting it? If so, why are they being so upset about it?

Reply by TitleGalCA on 11/30/05 8:17am
Msg #79175

Ginger, an exhibit to a document generally describes specific information that isn't contained in the body of the document, other than it's reference. In most deeds of trust, it is the legal description of the property (even tho it may be redundant, and contained in page 2). The clue is the statement "the legal description of the property is attached as Exhibit "A"; it tells you what is described in the exhibit. Pretty common in most deeds of trust. As a notary, I wouldn't be concerned that the exhibit wasn't attached when you sign the borrowers. Documents other than a deed of trust can use a exhibits as well, and for different reasons. Read your lender instructions, if you're not sure - lenders looooove pages and pages of instructions, fun nitetime reading material (not)

Reply by GL/CA on 11/30/05 9:52am
Msg #79199

Thank you so much. Yes I know I'am acknowledging her signature. I was just asking "just to know"....In otherwords. When the borrowers signs this rider is she "actually consenting to the fixed rate option" or is she signing to say "she is aware this rider is available to her"?? Thank you again in advance.

Reply by TitleGalCA on 11/30/05 10:17am
Msg #79210

Sounds to me like an ARM Rider - never heard of an open-ended "option" in a deed of trust. I bet if you read it through you can probably figure it out.

Reply by SSEmobile on 11/30/05 2:10pm
Msg #79284

>"actually consenting to the fixed rate option" or is she signing to say
>"she is aware this rider is available to her"??

Here in California I would be very hesitant to explain what she is doing at all. If it's not clear, I think a call to the LO would be in order. Remember, in Califonia you can't mix giving advice, especially legal advice or advice about whether the docs refer to something the BO should or shouldn't consider.

If that doc isn't clear to the BO, I would probably have them call the LO to make sure it is what they agreed to already. As notary, I am just an impartial witness to the signature, if and when it happens without my "help" in deciding.

Reply by PAW_Fl on 12/1/05 11:35am
Msg #79560

>>> As a notary, I wouldn't be concerned that the exhibit wasn't attached when you sign the borrowers. <<<

I beg to differ with your opinion on this point. As a notary, I WOULD BE CONCERNED if the exhibit wasn't attached, if there is a reference in the document that states it must be attached, as is often the case with DOTs and mortgages. Florida has very specific laws and interpretation about this and CA also states:

NOTARIZATION OF INCOMPLETE DOCUMENTS
A notary public may not notarize a document which is incomplete. If presented with a
document for notarization, which the notary public knows from his or her experience to be
incomplete or is without doubt on its face incomplete, the notary public must refuse to
notarize the document. (Government Code section 8205)

An NSA would, or at least should, know from their experience that certain documents have addendum (e.g. the Note) and riders (e.g. the DOT or mortgage) referenced in them and that those documents are considered to be a part of the base document. If there is a reference that specifically states something along the lines of, "see Exhibit "A", attached hereto and made a part hereof," I submit that the referenced attachment must be present or the underlying document is considered incomplete.

It is the same as if "Page 12 of 16" were missing. The document is incomplete so the notary must refuse to notarize the signatures on that document.

Reply by Anonymous on 12/1/05 12:45pm
Msg #79600

I wonder, what if a person brought you (in Ca or FL) a document which was hand written, say a letter authorizing a sibling to authorize medical care for a child, and the document in your mind is vague or incomplete, possibly not acceptable to a doctor. Could you notarize the signer?

Reply by PAW_Fl on 12/1/05 1:35pm
Msg #79620

You have to apply judgment and logic to each and every situation. Not all documents are obviously incomplete. However, those that are, such as those that include directives that state something is attached, it doesn't take rocket science to determine that you can't perform the notarization. I would never assume that a document would be or not be acceptable to the recipient of that document, unless I was well versed in the particulars. In your example, I wouldn't second guess a doctor in determining whether or not the document was complete or not. That would be his/her decision. But, again, if the document was obviously incomplete, then yes, I would refuse to notarize the signature. For example, I have done medical affidavits where the patient (the one signing the document) needed to provide the results of their test as an attachment to the affidavit. The signer did not have the attachment, therefore the document is incomplete.

This is very similar to survey affidavits, which I'm sure most of us are familiar with. Often then have a statement on the document that reads something like, "... survey dated ________ by _______ and attached ....". Without the blanks being filled in and attached, the affidavit is incomplete. Now had the affidavit simply read, " ... a survey dated <some date> by J.Surveying, Inc. ...", then there's no problem as the document is complete.