Posted by droman_IL on 9/30/05 2:10pm
Msg #68173

All-Purpose Acks - ILLEGAL??

I was taught that filling out an APA when it's not attached to any specific document is ILLEGAL. Why is it then, that I keep getting requests from lenders to provide such a document? Any one else experiencing this, or believe this to be legal?

Reply by Sylvia_FL on 9/30/05 2:19pm
Msg #68175

Would you give someone a blank check????

If you provide an all purpose ack that is not for any particular document, then they can use it on any document they like. They could attach it to something that was never signed by the borrowers, but according to the ack you sent them the borrowers appeared before you and acknowledgd they signed that document.
You could be risking your commission.

Sure, lenders etc will ask you to provide one "just in case" - these same lenders etc would also likely be the same ones who would ask a notary to backdate.

Reply by Rebecca_TN on 9/30/05 2:30pm
Msg #68179

Sylvia is right. If a company has no problem asking you to do something wrong, they will not hesitate to use that piece of paper illegally. Just tell them you can't do it.

Reply by NotaryinCA on 9/30/05 2:34pm
Msg #68180

Yes I know Countrywide puts one in every package I get from them, I just take it out and toss it... You are correct .. Illegal... I wont ever do it....

Reply by LMP on 9/30/05 5:58pm
Msg #68204

Just had a signing with Countrywide doc's, the acknowledgement was the last page of the form being notarized it was in number sequence therefore part of a document even thought it seemed to be separate, I made a note of this.

Reply by SignerCA on 9/30/05 6:40pm
Msg #68211

I noticed that with Countrywide as well...

there was a blank Ack just stuck within the doc package. The last page of the DOT was a blank Ack form as well. There was no mention that it was part of the DOT. How do you reference that it belongs to the DOT? I just threw their copy away and added a CA Ack of my own with the optional info on the bottom filled out. They were not happy with that.

Reply by droman_IL on 9/30/05 8:46pm
Msg #68223

Re:I know it's illegal

and I explained that to the SA. Just wondered how common it was for others since it's happened to me a few times now. Thanks for the feedback.

Reply by NY_TaxLady on 9/30/05 10:17pm
Msg #68235

Re: Re:I know it's illegal

I just mark in small print on top right what it is for.

Reply by MelissaCT on 11/25/05 4:52pm
Msg #78658

Re: Re:I know it's illegal

I've had many recently & always leave them out of the package. My son uses them for scrap paper (he's 4), then I shred. I called the NNA a couple days ago for their opinion & it was that "it opens up the chance for fraud". They said (don't know if true or not) there was a case where a notary got sued because a bwr lost their house from one of these "all-purpose acknolwedgements" being attached to a document that the bwrs did not sign -- forged signature. They recommend either sending it back not completed (I don't do this because it's an excuse to not pay -- the package wasn't completed --) or to chuck it altogether. If a lender truly needs an acknowledgement for a document that is rejected or whatever, they should send back the original to you & you would then complete another acknowledgement & ATTACH to the document. I always write on the form (in a place where it can't be cut off or altered without being obvious) the property address, bwr name(s), loan number, escrow number, document title or description, date -- anything & everything so it can't be attached to anything else.

Sending back a completed all-purpose acknowledgement is like sending back a loose certificate. It's the exact same thing.

Reply by TitleGalCA on 9/30/05 10:25pm
Msg #68238

Re: All-Purpose Acks - ILLEGAL?? DROMAN

In it's simple form...and all purpose acknowledgement is NOT ILLEGAL. It is sometimes necessary for a variety of reasons, and should be attached (stapled) to the document you are affixing it to.

What you have to look out for is the request for the all purpose. Is it requested as just "an extra document"? In that case, don't do it. However, you must use your knowledge of your job as to when and why and all purpose is required.

In and of itself, it is certainly and absolutely NOT illegal. Look at the reason for the request - there's where the "illegality" issue lies...and even then...don't go looking for problems where they don't exist, or fall for the "chicken little" syndrome...Aka...."The sky is falling and everyone in real estate is out to illegal things". That's just plain foolish and indicates a lack of understanding of the purpose of the document.

Reply by Sylvia_FL on 9/30/05 10:33pm
Msg #68242

Re: All-Purpose Acks - ILLEGAL?? DROMAN

Susan
She did indicate "when it is not attached to any document"

Reply by TitleGalCA on 9/30/05 10:37pm
Msg #68244

Re: All-Purpose Acks - ILLEGAL?? Sylvia

I just re-read the original post and you are right. If not affixed (as I said in my post) it is not acceptable, that's a given.