Posted by BrendaTx on 8/15/06 12:34am
Msg #138712

Faxing back - wait! It's a new twist

Did a popular ne'er on time lender package today. It was supposed to happen at 10 am. Hardy har, har, har!!!

Okay, so the docs are dropped to me via email at 3:45 pm. Bear in mind, this is no big metropolis I head off to. No, I am going to a place where deer walk around in yards so plentiful that they had to open season on them this past year and thin them out.

In other words, this is WAY back away from everything. It will be 5 pm before I am there if I don't get lost somewhere around North Zulch, Jewitt, or Normangee.

The phone rings while I am printing and title tells me to make sure and fax the docs back immediately after signing for funding today. Impossible, I tell them. It's going to be after 7 pm...maybe 8 pm before I am back to civilization.

--WHAT??? But, it is an investment property!!

Well...the lender should have given that some thought before piddling around all day with them. I will fax them asap when I get back to my office, but it is going to be late.

--I KNOW!! You can fax them back from the bwrs' house. She's got a fax machine at her house.

I am struck completely dumb. (This would have been 48 legal size sheets of paper on a letter-sized flatbed scanner with no cut sheetfeed--this is what I found out the bwr had. 48 tops, 48 bottoms placed on the scanner one at a time.)

Umm...literally biting my lip...umm...uh...tell ya what. I will go do the signing, fax it back when I return or you can find another notary and I won't even charge you a print fee...but I cannot see myself spending the entire night with these people faxing back a package.

--Oh...it won't take you that long.

Biting my lip again. I laugh. No...that's not going to work for me. You've got my bottom line...willing to fax, not willing to hang out with the bwrs for that long...other things to do tonight. Won't work...in fact, to be honest, you probably won't get these faxes until midnight.

--Okay...HOLD ON THEN.

I start looking through the docs and the Hud is scanned in with half of it missing.

---(She comes back on...meekly) Well, I guess that will be okay.

So, got the hud resent to me..found out this lady had also sent the bwrs to town (14 miles) to the nearest notary and had a back date done for July 23 on a R.of Lien before I got there.

Whew...glad that one was not left for me. At least they knew better than that one.

Guess what I am doing right now...faxing back, of course.

Reply by BrendaTx on 8/15/06 12:39am
Msg #138713

Re: Faxing back - wait! It's a new twist and I forgot this.

The bwr's name was spelled wrong. Just the Mrs.

The same charming young lady said, "Do not strike. Mrs. to initial changes to her name. Only Mrs. We will change when docs return to us."

New one for me. Is that common?

Reply by Ndwa on 8/15/06 1:37am
Msg #138718

Re: Faxing back - wait! It's a new twist and I forgot this.

How would you ack her name on your certificate if she didn't cross out and write in the corrected? I had same one last week where Michael was spelled Micael. Lender said, have bwr initial and they will make the change. I said NO, I will not notarize a signature (different from ID) if they don't allow bwr to cross out and write in the correct spelling on ID.

Surprise, surprise...Redrawn, 2nd trip = 2x fee

Reply by MBCA on 8/15/06 2:10am
Msg #138719

I just love that you guys don't take any of their guff! n/m

Reply by BrendaTx on 8/15/06 2:56am
Msg #138720

Re: Faxing back - wait! It's a new twist and I forgot this.

Andy, you are probably right. However, she signed Lynda (not Linda) and her signature was very plain. I corrected all the acks myself. In other words, I notarized the signatures LYNDA, not Linda. I did not like the instructions. That's why I asked you guys your thoughts.

She was fine with leaving the initials without striking. I hated it...did not feel it was my call since I ID'd her with the correct name.

Someone wiser, tell me what they will do to magically fix this to be perfect??

Reply by ReneeK_MI on 8/15/06 3:20am
Msg #138725

Re: Faxing back - wait! It's a new twist and I forgot this.

They might just be typing the corrections - some lenders won't accept hand-written corrections. That's just one possibility though, and if you have the lender's closing instructions, you could check just to confirm.

But ... I'm still stuck on the 48 pages of fax-backs!! 48 pages is insane! They shouldn't need anything beyond hud, til, signature pg of note/riders, first page/signature pg of mtg/dot & riders, maybe ID aff. No RTC since it's investment. Beyond that is just over the top, IMHO.

I did one last night that stated in the instructions "absolutely no hand-written corrections OR THE MTG WILL NOT BE RECORDABLE!" (Their caps). On what planet wouldn't it record?? It might not be pretty or preferable, but I never heard of NON-RECORDABLE. (And I welcome anyone who knows if this is actually true?!) Maybe whomever came up with this is the same person you're dealing with?!

Reply by ReneeK_MI on 8/15/06 3:22am
Msg #138727

Oops - and pg 1 & 3 of 1003, they can have that too. n/m

Reply by BrendaTx on 8/15/06 9:08am
Msg #138742

Re: Oops - Renee...now you understand Tx Fax backs.

I thought it was funny when you posted it took you three minutes or so to do yours. I chuckled at that.

Reply by BrendaTx on 8/15/06 9:12am
Msg #138744

Re: Faxing back - wait! Renee - this time there were no

lender instructions in the package. Good idea, though to look at the lender instructions.

Reply by Ndwa on 8/15/06 3:21am
Msg #138726

Re: Faxing back - wait! Brenda

It doesn't matter how she sign. Her name PRINTED on the signature line clearly did not match her ID at time of the act for notarization. Therefore, the correct spelling must be acknowledge right then, not later.

Reply by Ernest__CT on 8/15/06 3:24am
Msg #138728

Sorry, Andy, I disagree.

Her signature is being notarized, not the printed name. If she signed as her ID shows, the Brenda is in the clear.

Reply by Ndwa on 8/15/06 3:27am
Msg #138730

Re: Sorry, Andy, I disagree.

We are to "id" the signer and her signature in an "act" we're notarizing.

Reply by Ernest__CT on 8/15/06 3:48am
Msg #138733

A distinction without a difference.

Brenda performed a notarial act and completed the notarial certificate with the signer's name as it was listed on the signer's identification. The printed name is irrelevant, except that it should be corrected. Yes, I agree that it should have been corrected at the signing table.

Reply by Ndwa on 8/15/06 5:46am
Msg #138734

Re: A distinction without a difference.

**Yes, I agree that it should have been corrected at the signing table.**

Exactly my point, otherwise, the whole id'ing process have failed from the getgo as the name listed on the document (before signing) did not match up.

What if the mis-spelled name was intentionally there by fraud?
How can you prove by having properly id'ed the signer against what's on the document before she signed it?

Reply by BrendaTx on 8/15/06 9:11am
Msg #138743

Re: A distinction without a difference.

Andy, I am hearing you, but what I am saying is that the signature I notarized was the correct one and my notarial certificate bore the correct name of the signer who appeared before me.

I feel the documents should have been re-drawn but that's not my call. My decision was to correctly fix the notarial certificate to reflect the signer before me.

Reply by BrendaTx on 8/15/06 1:19pm
Msg #138763

Andy, there's been a RE-DRAW. Waiting on the HUD

which is STILL wrong. They sent it, but it is not correct yet.

This is not stupid people, this is a file having been "snake bit."


<grin> Cha-ching, cha-ching.</grin>

Reply by patricia on 8/15/06 6:19am
Msg #138735

Re: Faxing back - wait! It's a new twist and I forgot this.

sometimes I get one where mistakes are not to be changed but initialed, I think some lenders are going to sell the packages and dont want hand written corrections on the paperwork, just because they can become very messy looking, typed will look better.