Posted by snuzzz_CA on 9/14/05 12:37pm
Msg #65167

Borrower signed deed before I got there

Can I have them resign and notarize or do the documents have to be redrawn

Reply by Art_MD on 9/14/05 1:18pm
Msg #65172

Did he have a copy? just take his/her copy if unsigned, use that.

Call TC.

Art

Reply by Nd_WA on 9/14/05 1:37pm
Msg #65178

Depend on your state law, but as far as ack. goes a signer (with proper ID) can acknowledge before you that s/he signed the document. Just make sure you don't date the day s/he signed the paper but the actual date of the acknowledgement.

Reply by Nd_WA on 9/14/05 1:41pm
Msg #65179

One more thing

If it is a jurat then doc must be resign b/c the signer must be put under oath before signing a document.

Reply by Hampton_CA on 9/14/05 3:33pm
Msg #65209

A document that is to be notarized with an Acknowledgment does not have to be signed in your presense. Just ask them if they signed the document and fill out your Ack with the date that they acknowledged this to you; not the date that they signed it.

For a Jurat, they must sign in your presense and take an oath. I'd just have them sign it again.

Reply by snuzzz_CA on 9/14/05 4:52pm
Msg #65217

Thanks everyone for all the input. I did use the borrower's copy, however I now realize that I could have acknowledged the signature even though the borrower had already signed.
I would have dated the day I acknowledged the signature.