Posted by SignerCA on 10/8/05 8:45am
Msg #69529

Need help with Ditech loan - wording on a certain page

It's called an "Indemnity and Affidavit as to debt, liens and possession". Instructions say "To be filled in personally by seller or borrower in his/her own handwriting, use separate form for each party". So I am assuming that the borrower's need to fill this out. If you look at the venue area it states "County of___ before me, the undersigned authority, on this day personally appeared ______________ personally known to me to be the person whose name is subscribed hereto and upon his/her oath disposes and says that no preceedings in bankruptsy have ben initiated... blah blah blah. So, if the borrower(s) are adding his/her own name to the "personally appeared" area then why the "personally known to me" addition afterwards.

It has a second signature page in which they each sign and I notarize. I hope this makes sense.

Reply by Anonymous on 10/8/05 9:13am
Msg #69532

On occassion, the notary language start at the top of the page and sometime the notary stamp is on the second page below where the borrower signs. Read it again and see if it makes sense from that view point. You start off certifying the county you are in who you saw the seller/borrower, they fill in there portions in the middle, then seller/borrower signs and you stamp at the end.

Reply by B__CA on 10/8/05 9:18am
Msg #69536

This is one of those that has wording at the begining then generally a Jurat at the end of the 2nd page. Let them fill it out, you take care of the Jurat on the second page.

Reply by ILNot on 10/8/05 9:48am
Msg #69544

*So, if the borrower(s) are adding his/her own name to the "personally appeared" area then why the "personally known to me" addition afterwards.*

IMHO, I believe the borrower only fills out the sections where he would write if there are liens or debts against him other than what the lender is already aware of then you fill out the borrowers name under personally appeared. To me that part is for the notary to fill out. In my past experience the borrower just writes 'none' and i filled out the rest. Please correct me if I am wrong.

Reply by Anonymous on 10/8/05 10:01am
Msg #69549

Make sure the jurat part comforms to CA new Jurat.

Reply by SignerCA on 10/8/05 10:11am
Msg #69551

ok, so...

I know the second page where the borrower's sign, I also notarize, that's obvious to me. It's the notorial wording within the text that confuses me. If it states at the top that this must be filled out in the borrower's handwriting then why is there jurat wording within the text for them to fill out.? I know this sounds confusing but...

Reply by DogmongerCA on 10/8/05 10:17am
Msg #69553

You fill out the Venue at the top

Borrower fills out their name and address and answers the financial questions, if not applicable I believe you put None or NA per the form. You fill out the Jurat, most Ditechs have now upgraded their docs to the new CA compliant. You used to have to attach loose leaf jurat certificates throughout the package, Have done oodles of these over the years, and never had a problem.

Reply by SignerCA on 10/8/05 10:29am
Msg #69554

...on the top

it asks for a GF#. What it that?

Reply by BrendaTX on 10/8/05 10:35am
Msg #69556

Re: ...on the top

Look on the SS/HUD 1 for a GF#.

Reply by SignerCA on 10/8/05 10:45am
Msg #69558

On SS/Hud, I see an OMB# and Loan# only, hmmm n/m

Reply by PAW_Fl on 10/8/05 12:02pm
Msg #69563

Look for "File No." (n/m)

Reply by SignerCA on 10/8/05 12:26pm
Msg #69565

Nope, just an OMB# and Loan # on Hud 1A /SS

I guess Ditech can fill in the GF#. I have looked through the whole package and I see no GF#.