Posted by SarahBeth_CA on 9/23/05 6:50pm
Msg #67027

loose acknowledgement

I was told by a certain lender that now a loose acknowledgement is "required for funding". This is someone I've worked with before. She did say to call the ss and have him explain it because she's not a notary so she's not sure as far as the notary part of it goes. I told her it was a no-no. So I am looking in the handbook. This is what I want to quote:

Civil Code 1188-Certificate of Acknowledgement-An officer taking the acknowledgement of an instrument shall endorse thereon or attach thereto a certificate substantially in the form prescribed.

Also I am going to quote what the handbook says is required to be entered in the journal for each notorial act performed.

How have you all handled this when faced with this?

Reply by SarahBeth_CA on 9/23/05 7:05pm
Msg #67029

just got a call they do not require it. Don't worry about it. It is now a non issue.

Reply by TitleGalCA on 9/23/05 8:47pm
Msg #67045

SaraBeth...just FYI - even if they did require it, don't do it. I'm seeing a lot of loose ack's in packages now. If it's not part of a document, ignore it.

Reply by SarahBeth_CA on 9/24/05 12:31pm
Msg #67127

This was just a simple case of the LO not knowing notary laws. I tried to explain it to her. She said that since she didn't know notorial law just to ask the ss. I spoke with the ss and let him know that I just couldn't do it, must be attached to a document and recorded in journal. He agreed and said don't worry about it. I didn't feel that the LO was telling me to do something wrong. I've worked with her before and she's real nice. She was just doing as she was told to do and didn't know any better.