Posted by Anonymous on 1/8/06 7:44am
Msg #86949

Deed of Trust with blanks - sample included..please assist

SAMPLE:

This Deed of Trust is given by FANNIE MAE, MARRIED, as Borrower (trustor), to __________________________, as Trustee, for the benefit of Mortgage.....


THIS DEED OF TRUST is made this 8th day of January, 2006, among the Grantor, FANNIE MAE, MARRIED (herein "Borrower"), ______________________________, whose address is _________________________ (any one of whom may act and who are referred to herein as "Trustee"), and FUNDING.....


QUESTION: Can I notarize the signature page on this Deed of Trust with the above blanks not filled in.

If not - what would you do with the document?

Reply by Janlee_MI on 1/8/06 2:29pm
Msg #86993

You must have all blanks filled in otherwise it can not be recorded.

Reply by TitleGalCA on 1/8/06 8:14pm
Msg #87007

Re: Deed of Trust with blanks.......This is a Wierd One.

Anon, this is just plain different and out of the norm, don't feel like you are lacking.

Never have I seen a TD with the trustee listed as a blank, to be filled in later. Never, ever, and - as I'm as old as dirt, and as old as dirt to the industry - that is saying something. As a title company employee, I've seen more docs than I care to admit to.

Normally, I'm pretty liberal about notarizing docs that are "incomplete" because the definition of "incomplete' varies to so many degrees, depending on title and lending experience of the examiner. What is incomplete to a new notary may not be incomplete to me. In this case however, I'd have a struggle.

The "recording" part is not defined by you as SA, it's up to the title company. (Note to super-hero notaries...don't ever do the title company's job).

I'd call your TC (escrow officer) and see what the deal is - find out why this particular lender has no Trustee listed on their forms, other than a blank. Like I said, it's wierd. After you get an answer, use your best judgment as a notary.

Good luck.

Reply by Janlee_MI on 1/9/06 6:23am
Msg #87027

Re: Deed of Trust with blanks.......This is a Wierd One.

I agree with you however the trust document must be followed that is why I said you can't notarize a blank document. Always ask when in doubt. I too have been in the title industry for years.