Posted by meCA on 10/23/05 8:18pm
Msg #72016

Occupancy Affadavit - but do they live there?

I went to a signing yesterday, and although the couple didn't sign, the TC will (hopefully) straightnen out the prob and the couple will most likely sign sometime this week. BUT, I'm 95% sure they do not occupy the property they are getting the re-fi for. I am very uncomfotable with this - the Affadavit of Occupancy will need to be notarized. Anyone been through this? I'm new...am I naive? Do people do this all the time? Say they live in the property outlined as the place they are getting the loan for and they don't even live there?

Reply by John_NorCal on 10/23/05 8:35pm
Msg #72017

Can you really tell if they live there or not? In my opinion it doesn't really matter as far as you're concerned. Your signers are the ones swearing to the truth of the statement, not you.

Reply by meCA on 10/23/05 10:26pm
Msg #72021

We didn't meet at the property, we met at the home they stated that was their previous residence. And when I called to confirm the time and address (that is on the doc as the current address), she said, "no, that that was their old address."

Reply by texNcally on 11/17/06 6:55pm
Msg #160899

you are not there to verify any thing as being true or untrue you are there to verify their signature and they they swear all is ture and complete they are signing. If you see big gaps of empty space were things can be filled in later you can be suspicious.
I am uncertain if they did not sign because you refused or if it just did not happen.
As was stated they are the ones swearing to the occupancy not you, you are only witnessing them sign and swear to the document, get a thumb print.
tx