Posted by Cara Zamora on 11/10/05 7:23pm
Msg #75787

Need an attorney

I am doing a signing in san diego california, and have been told that an attorney needs to be present because the property and loan docs are in Georgia. I told them that it did not matter where the property was or where the loan docs were from the law follows the borrowers, and since they are signing in California and California is not an attorney state then we would not need one..The escrow company then came back to me and said that the investor required an attorney to oversee and sign a Gerogia affidavit. I still beleive I should follow California law, any help would be wonderful...Thanks

Reply by DonR_NYC on 11/10/05 7:29pm
Msg #75791

As far as notarizations are concerned you follow your state laws. If the lender wants an attorney there that is their choice BUT do not let the attorney tell you how to perform your duties as a notary public.

I did a signing a few weeks ago that the property was in SC. The lender wanted a SC attorney on the phone to comply with SC laws. He spent 2 minutes on the phone and told the borrower if she had any questions to call him. Lender was Ameriquest.

Reply by Cara Zamora on 11/10/05 7:35pm
Msg #75792

Thanks for your reply....The escrow company said that the attorney needs to oversee and fill out and sign a Georgia affidavit, that the affidavit is a requirement of the investor.. but i'm sure an attorney from California can sign an affidavit since Ca. is not an attorney state, most attorney's i've called don't do this b/c we are not an attorney state...

Reply by Sylvia_FL on 11/10/05 7:57pm
Msg #75793

Cara
It should not be up to you to call an attorney. If Escrow want an attorney there, then they need to arrange it with an attorney themselves.

Reply by hcampersFL on 11/10/05 8:21pm
Msg #75797

I own a home in Ga and just did an heloc in Florida for that property. I did not need an attorney but I did need 2 witnesses because they are a witness state.
I agree with Sylvia that if anyone requires you to have an attn. present they need to be supplying one.
Just my thoughts don't know if it will help.
Beverly

Reply by Anonymous on 11/11/05 6:53pm
Msg #76026

Ga has some of the most harsh laws for loan signings. By Ga. state law it is not legal for a notary to notarize any real estate documents. therefore in that state an attorney is always required. When it comes to witness only closings it can go either way. It is not against the law for an attorney to complete a witness only closing however it is unethical for an attorney to close documents in which he did not pull title. I hire attorney's all day long in ga for witness only signings. Some will do it with out a problem, others will tell you its against the law and hang up in your face. as far as being in ca, one MUST always follow the laws of the land in which the property is located.(as far as whom can perform the service not how its preformed) there are some states in which lenders prefer an attorney, however is not required so an notary could be used, however there are states like ga and ny which and nj in which it is state law that an attorney be present at the closing. I book attorneys in ca all of the time to cover out of state properties that require an attorney. The company that hired you is the one that needs to find the attorney, any time I do hire an attorney that is not a notary, I always inform them that I will hire a notary to meet them at the closing to do the notary work. where it gets tricky with these state laws is that even though a notary can not do this work on there own, they can notarize a loan if the attorney signs as the witness.(alot of attorney's that their paralegal do the notary work and just sign off)

Some states like me require to sign in the attorney's office, buy state law can not be in the borrowers home. NJ will allow a 1st to be signed @ the borrowers location, however a 2nd must be in an attorney's office. If you are doing an out of state property you it would be a good idea to ask (the signing service if your not a member of the nna or another group that could answer you questions) if there is any special laws for that state.

oh yeah one more thing in the state of Ga in order to complete the lone there are a few pages that are not required in other states( Ga borrowers waiver of rights, and an Attorney Statement of Information) just to show how wrong this state is the Statement of information, needs to be notarized proving that the attorney is an attorney, however the state will allow an attorney whom has a notary stamp to notarize his own statement of information. go figure...

hope through all my confusing rambling I could shed a little light on the subject.

Reply by Anonymous on 11/11/05 10:37pm
Msg #76064

Call the state bar

Call the state bar association and ask to find an attorney licensed in ca and ga. Tell the title company to call that attorney and arrange the attorny's fee.