Posted by TD_CA on 2/6/06 3:48pm
Msg #94805

Occupany Agreement

What happens if the borrowers sign an "Occupany Agreement" stating that they are occupying the property as their primary residence but the really don't - what do you do? I do some work for a signing company that uses this form. TIA

Reply by Charm_AL on 2/6/06 3:54pm
Msg #94807

they are/should be swearing under oath that they are telling the truth and verifying the accuracy of what they are signing.
You are there to witness their sigs.

Reply by SarahBeth_CA on 2/6/06 3:56pm
Msg #94808

First of all are you absolutely sure they don't occupy the residence? Secondly does the lender want the doc notarized?

If your sure and the doc does NOT require notarization I would call the lender or the hiring entity and let them know that is if you are absolutely certain. Then you cannot be pointed at as a party to fraud. If the doc required notarization I would refuse to notarize.

Reply by SueW/Tn on 2/6/06 3:59pm
Msg #94810

I agree with Charm

We're not there witnessing the validity of a doc, we're their securing identity and witnessing sigs. I would think that would open a real can of worms telling someone that another does NOT occupy a dwelling. IF we're wrong I would think that person accused would have a civil suit going on against us.

Reply by cyndi_ca on 2/6/06 4:20pm
Msg #94814

O A

But we are not (in CA) allowed to not a doc if we know it contains false info. With that being said, I would not notarize.

Reply by CaliNotary on 2/6/06 4:25pm
Msg #94816

Re: O A

Knowing something and suspecting something are two very different things. Unless you are 110% positive they're lying it's best to just keep your nose out of it.

Reply by Paul_IL on 2/7/06 11:49am
Msg #95024

Re: O A

If you keep quiet about it you are then a party to the Fraud.

Reply by TD_CA on 2/6/06 4:26pm
Msg #94818

Re: O A

Thanks for the input! This particular document was an acknowledgement and not one that required an oath or affirmation.

Reply by Charm_AL on 2/6/06 4:34pm
Msg #94823

Re: O A

Am I missing something? When you give an oath or affirmation in the beginning of a signing, are you saying it only applies to certain docs?

Reply by SueW/Tn on 2/6/06 5:01pm
Msg #94837

holy smokes

Inquiring minds want to know....how can a notary possibly know if information in any document is true or false? That sounds incredibly complicated to me.

Reply by SarahBeth_CA on 2/6/06 5:10pm
Msg #94841

Re: holy smokes

I too would be very interested to know how you came about the knowledge. Now in my little mind I could come up with many scenarios. It could be as simple as one signer turning to the other and saying "let's hurry this up I need to get home".