Posted by Anonymous on 1/30/06 12:22pm
Msg #92338
Was I suckered?
A while back, I did a slightly complex closing. Father and daugher had bought property together years ago as they needed combined credit strength.
Now refinancing, the daughter wants off the transaction. Father had married all along. So documents came mixed up. Father on note, father mother and daughter on mortgage. Names mispelled so docuemnts had to be redone.
However, since the initial purchase, the daughter had gotten married. I told title company that daughter's new husband had a marital interest in the property and would need to sign the quit claim deed.
New documents arrived. Father on note. Father and mother on new mortgage. Quit Claim deed typed out quitting daughter's interest away. Quit claim deed typed out quitting daughter's interest to father and mother. However, quit claim deed did not mention daughter's marital status and no mention on her husband.
I notarized all the documents. I told the out of state LO and out of state title company that the Quit Claim likley needed to mention daughter's spouse, but did not. They said do not worry about it.
I have heard nothing. Quit claim deed should have been rejected by county.
Now I worry that after the fact, someone might have typed after the daughter's name on the Quit Claim Deed Jane Doe to Jane Done, A SINGLE WOMAN. Thus, I might have been suckered.
I do not think I did anything wrong per se, but it still bugs me. Perhaps the county did reject and another notary had to get invovled. I do not believe we are responsible for drafting documents in my state. The notary space on the quit claim deed is not like a mortgage where the name reads Jane Doe and John Doe, husband and wife ....or Jane Doe, a single woman.
I am sure that loan officer and title company understood what I said about the daughter's husband's marital interest. Still they did not seem to care. It bugs me!
I always get good feedback here. Please let me know your thoughts.
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Reply by CaliNotary on 1/30/06 12:26pm
Msg #92341
That type of thing is not your concern. You're not verifying capacity, you're simply identifying the person. If Jane Doe was on the deed and Jane Doe was the person who signed the deed, you did your job correctly and anything that happens beyond that isn't really your business.
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Reply by Anonymous on 1/30/06 12:29pm
Msg #92345
Thanks Calinotary. I think they did not want to delay transaction and pay fee to have it re-done again. I only like to do good business. Not into anything shady.
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Reply by Paul_IL on 1/30/06 12:32pm
Msg #92348
If anonymous is in CA you may be correct but if from a different state your advice may be incorrect.
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Reply by Paul_IL on 1/30/06 12:29pm
Msg #92344
Since you are Anonymous and do not list your state it is difficult to comment. Try correcting this and you may get informed comments
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Reply by Anonymous on 1/30/06 12:49pm
Msg #92354
I am in Minnesota.
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Reply by Janlee_MI on 1/30/06 1:03pm
Msg #92362
It also depends on if she lived in the property or if it is an investment property wether her husband needs to sign or not.
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Reply by BrendaTx on 1/30/06 1:23pm
Msg #92373
As long as it was not the home of the daughter's husband (and it sounds like it was actually the place dad was living in) it should not be a problem.
I agree with Cali...you cannot MAKE them do docs the way that's correct (though I think they probably were this time) and you cannot control what happens after the docs leave your possession.
Do post yer state fer better answers.
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DISCLAIMER: I might be a male trustee watching over lock down in the Tx Dept. of Corrections...I might be a heroin head...I might be Rikki Lake or Phyllis Diller...any of those would be more likely than me giving good legal advice...I don't do it and I am not a lawyer. Do not ever, ever take my advice.
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Reply by Stamper_WI on 1/30/06 1:25pm
Msg #92375
Brenda....
Excellent discalimer!
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Reply by BrendaTx on 1/30/06 1:36pm
Msg #92381
Re: Brenda....
And every word of it was meant in the spirit of deceptiveness....truth/lies...hard to keep them straight any more.
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Reply by davidK on 1/30/06 1:43pm
Msg #92383
Re: Disclaimer
Don't forget "I might be playing a doctor on TV".
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Reply by BrendaTx on 1/30/06 3:50pm
Msg #92410
Re: Disclaimer
***Don't forget "I might be playing a doctor on TV".***
David, it would send the wrong message! I might get that chance to play a doctor on TV someday, you know. It's possible. Either that or a bounty hunter's wife...Dog's wife is my hero, you know.
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Reply by Julie/MI on 1/30/06 2:16pm
Msg #92398
you're blowing this out of proportion
Why do you think someone is out to sucker you? Sounds a tad parnoid to me.
You are not issuing a title insurance policy and you are hired to be a notary, period.
Can't speak for your state, but our county recorder's are only required to have the male's marital status.
I think you are assuming way too much.
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Reply by Nate_MN on 1/30/06 3:58pm
Msg #92414
Re: you're blowing this out of proportion
Minnesota is one to buy two to sell, regardless of whether it is primary residence, secondary residence, or investment property.
As for what the Quit Claim Deed reads and what the county will think. I doubt it would get rejected. If anything, there would be a problem the next time they go to sell and someone is doing a title review. If it gets caught then it would very like delay the transaction while they try to get the proper deeds filed.
I do agree there is no way you got suckered since you are concerned with properly indentifying the signers, not making sure their marital status is correct, or that they have properly prepared the Deed.
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Reply by JanetK_CA on 1/30/06 4:14pm
Msg #92419
If anyone got suckered it would be the tc or the lender, but not you. Is there any state where the notary is responsible for the contents of the document? You did your part by notarizing properly and went a bit above and beyond by bringing a potential problem to the attention of the tc. The rest is their problem.
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