Posted by TnNotary on 10/14/05 9:07am
Msg #70450

Quitclaim deed

Good morning to all,

I am having a brain cramp, can I get some help here. Is the mortgagor and affiant the same.
I have the deed that has just the wife and is putting both her and her husband on the deed.
They have is name under mortgagor to sign and then they have another section blank for the affiant. Should I have him sign there also or does the wife?

Reply by Anonymous on 10/14/05 9:41am
Msg #70456

Neither one of them needs to sign the affiant section. You can leave that blank and someone at the title company can affiant it and someone at the title company can notariaze that section

Reply by TnNotary on 10/14/05 9:49am
Msg #70461

Thank you.

Reply by HDW_TN37323 on 10/14/05 12:14pm
Msg #70508

I asked the same question of the lady listed below. She is legal council to the Sec. of State of TN. You might want to send her an email because her answer was interesting. Below is part of her response before she answered my question. So I took her reply as gospel.

"I serve as chief legal counsel to the secretary of state TN. I've been in this position for the past 10 years and previously was in a general practice of law where I held a notary commission for 15 years.”

Judy Bond-McKissack
Legal Council
[e-mail address] <[e-mail address]>

Reply by Rebecca_TN on 10/14/05 12:19pm
Msg #70509

Would you be willing to share her answer?

Reply by HDW_TN37323 on 10/14/05 12:47pm
Msg #70513

Rebecca,
My conversations (email exchanges) with her were rather lengthy and varied on this subject. The “skinny” of it was in reference to the following.

1. Who can legally sign as AFFIANT and who cannot?
2. Can the entry be left blank?
3. Can anyone, who is not present at the signing sign as AFFIANT?
4. Can the borrower or co-borrower sign as AFFIANT?
5. Can the spouse sign as AFFIANT as long as they are not listed?
And others. She was adamant and certain of her answers.

The reason I would rather not copy and paste the entire conversation (emails) here is because it could open up a lot of “that’s not right”, “here’s they way I do it and never had a problem”, “not in this state”, and I am not into defending nor arguing a response/answer to a question that I only asked and did not state as a fact coming directly from me. I am following her directive and not having any problems, questions, or inquiries on any signings whatsoever. She is very responsive, timely, and friendly in her answers. Send her an email if you have a question, I would guess she would get back to you as quickly and she did with me. Sorry.