Posted by Christy/Ca on 10/25/05 1:40pm
Msg #72229

Going back to message#71806

Ok...So, on Saturday I went to go do the signing with the brw that had no ID. He was able to get to credible witnesses for this signing which I logged into my notary book. Unfortunately, things did not go well and the signing was not completed. Now, Escrow has re-drawn the loan docs and want me to go back and do the signing. I can still use the credible witnesses that he provided on Saturday or should the CW be available today for this new signing? The BRW seems to be giving Escrow a hard time and he says that he doesn't have CW's available for today. HELP!

Thanks in Advance!

Reply by davidK on 10/25/05 2:14pm
Msg #72239

It seems to me that since you have already properly identified the borrower, IMHO you could now identify him for the second signing as "personally known". Did you have the credible witnesses sign your notary journal on Saturday when they identified the borrower?

Reply by Christy/Ca on 10/25/05 2:17pm
Msg #72240

Yes, I did. And I also had them put there thumbprint in book!

Reply by Blueink_CA on 10/25/05 2:23pm
Msg #72242

Christy, I would take this opportunity to "bow out" of this signing. No assignment is worth risking our commission over. Just my opinion.

Reply by Christy/Ca on 10/25/05 2:30pm
Msg #72244

You're absolutely, right! But my problem is that this company has given me a lot of business and until now I am having problems with a signing. I'm gonna call the SOS and see what they say.
Thank you!

Reply by Giselle_CA on 10/25/05 2:51pm
Msg #72249

Christy, I was goign to suggest calling the SOS. I had a similar situation and they told me I needed two cw each time, even if they are the same cw.

Reply by Christy/Ca on 10/25/05 3:05pm
Msg #72251

Great! Thank you so much for the valuable information!

Reply by Kelly M Robertson on 10/25/05 3:07pm
Msg #72253

Christy! R E A D the Acknowledgement !

It says, .. " on this date so and so personally appeared before me and proved to me ..."
Christy - you will HAVE to get CW's again so that you can complete the Ack properly and legally.

Reply by B__CA on 10/25/05 3:42pm
Msg #72259

I totally agree. Personally known is a personal relationship where you socialize with the person. Just because you met someone once, does not qualify in CA per the SOS as having known the person. I would you credible witnesses again. Been there, done that. They understand the requirement and generally are very good about it the second time.

Reply by BrendaTX on 10/25/05 10:13pm
Msg #72332

And, that's the dumbest notary rule on the books for a notary to have to pretend he/she's got amnesia and does not know the person from personal knowledge. We can do it in Texas with personal knowledge. However, the lender's / title co's need ID in order to make it just right for their purposes.

Really weird IMHO to have a double dip of the CWs.

Reply by Jon on 10/26/05 12:05am
Msg #72348

"...IMHO you could now identify him for the second signing as "personally known". "

I suggest that you read Civil Code 1185(b), as it has the definition of "personally known" according to CA law.

Having used CW to ID the borrower is not sufficent to meet the criteria for "personally known".

Reply by CaliNotary on 10/25/05 3:53pm
Msg #72262

"The BRW seems to be giving Escrow a hard time and he says that he doesn't have CW's available for today. HELP!"

Just remember the old adage, a lack of planning on their part does not constitute an emergency on your part. If he doesn't have the CW's today, then they'll just have to do it another day, not your problem.

Reply by Christy/Ca on 10/25/05 4:24pm
Msg #72270

Thank you all for your great advice and suggestions! You guys ROCK! I love that old adage it made stop and realize that it really isn't my problem. "Hey buddy, this is your house we're talking about not mine! You want it or not"? I called the BRW and of course, he tried to give me grief but I told him "Hey, I called the SOS and this is there policy". So, he said that he would call me back as soon as he found his CW's.

Geez...what a headache this siging has turned out to be! That's it I'm charging double! hehehe

Thanks Again!