Posted by MA_SA on 6/9/06 9:59pm
Msg #125054

Request for Deed Prep.

In a confirmation for a closing today i was given a request to prepare a deed for the property. seemed weird, i just had the borrwer sign a signature page, with nothing on it, and told the escrow company i would do a deed for an extra charge, if not, they have the sig. page, they could prepare the first page, the deed, themselves.

Seemed weird, anyone else ever have to do this, and how did you handle it?

brian

Reply by Pat/IL on 6/9/06 10:27pm
Msg #125058

Brian,
I would never ask anyone to sign a page with nothing on it. Especially knowing that a deed was to be attached. For crying out loud, that property is likely the biggest investment those people have ever, will ever know. They ought to at least see what they are signing away.

I am going to take a guess that Mass would require a deed to be prepared by an attorney or, at the very least, the grantor of the interest being conveyed. I am not an attorney and not from Mass. I bet there are some signing agents from Mass that could say for certain, but it seems to me that Mass is a pretty heavily attorney-driven state. It would surprise me if the state were to mandate attorney-supervised loan signings but allowed laymen to prepare deeds.

Reply by droman_IL on 6/9/06 11:36pm
Msg #125065

Did they mean a Quit Claim Deed? If so, I've known attorneys who charged upwards of $250 to prepare a deed - it's really very simple and you can even buy pre-made ones at like Office Depot (I notarized one that was filled in by hand by the family members to avoid the attorney's fees.) I would prepare one if asked, and charge accordingly, but I've never been asked.

Reply by droman_IL on 6/9/06 11:56pm
Msg #125066

Forgot to add one thing...

In Illinois, I would only be able to prepare a QCD if I was NOT the person notarizing it. If I did both, it would be considered UPL. Best to check w/ your state to see if you're allowed to prepare such docs AND notarize them as well.

Reply by Paul_IL on 6/10/06 1:15am
Msg #125071

Re: Forgot to add one thing...

That is incorrect. You as a notary cannot prepare a Quit Claim Deed. Doing so if you are not a principle is considered UPL. To truely transfer property a Warranty Deed or special warranty deed is used. I could give you a Quit Claim deed to the Brooklyn Bridge and it would be perfectly legal but also totally worthless.

Quit Claims are normally used to clean up issues on title or to transfer title from an individual to a trust.

Reply by Ernest__CT on 6/10/06 6:27am
Msg #125082

Surely you're kidding. Please tell us you're kidding!

You had the borrower sign a blank page?! And you NOTARIZED it??!! AND you're planning on drawing up a deed? I hope you're pulling our legs.

Reply by BrendaTx on 6/11/06 1:21pm
Msg #125261

Re: Surely you're kidding. Please tell us you're kidding!

**i would do a deed for an extra charge, if not, they have the sig. page, they could prepare the first page, the deed, themselves. **

I had the most issues with this statement. That's why I made the post which I made.

Reply by BrendaTx on 6/10/06 8:02am
Msg #125092

Re: Request for Deed Prep. Ok Brian - If I did not already

know you were a real person I'd say you were not--that this was a joke.

You need to relinquish your notary commission work until you learn what notaries do.

You cannot draw docs without working for a lawyer who is telling you what exactly to prepare and then notarize them.

I won't even comment on doing the signature page.

=======Kind of "an aside"=======
My mother's boyfriend asked me to type a will for him the other day. He's got it all written out in longhand.

I said, "I cannot prepare legal documents. I should not even notarize it for you, nor should my mother or my son be your witness (as you have requested)--ya'll might have a fit of passion and decide to get married--then, that would kind of put your will into question. That's not legal advice! Talk to an attorney!"

Yes, I know holographic wills are acceptable and do not need witnesses or a notary in Texas, but that would be legal advice, wouldn't it? My experience has been that a Texas Lawyer will tell elderly clients that right off the bat (assuming the same is true!).

Reply by NCLisa on 6/10/06 9:40am
Msg #125109

Do you know what the laws are in your state for preparing deeds and other legal documents. You need to know that before you prepare anything for anyone. And if you are permitted to prepare those types of docs, are you then permitted to notarize them?

Here in NC, only attorneys can prepare deeds, etc. I have an attorney's office that I do deed prep through. I prepare the deeds, they review them, and then they go out, but only after an attorney reviews it. Now I don't make mistakes on deeds, as I've been doing this forever, but I would NEVER do one while not working for an attorney in some capacity. The deeds clearly state "prepared by the law firm of so & so". The last thing I ever want is for the NC State Bar to slap my wrist. They don't bother slapping attorneys in this state, but they will slap everyone else.

Reply by Janlee_MI on 6/10/06 11:04am
Msg #125115

Even at Title Companies it must be prepared by an Attorney.

Title Companies use deed that they have purchased from an Attorney.

Reply by Janlee_MI on 6/10/06 11:09am
Msg #125117

One more thing. Quit Deeds are valid Deeds.

Quitclaim Deed, real estate, real property deed for transferring only that interest belonging to the seller (Grantor). Quitclaim deeds were developed as a means to transfer interest and title to real estate quickly, thus the reference to "quick claim" deed. When a seller (Grantor) quitclaims, all rights or interest in the property are transferred to the buyer (Grantee).

Reply by Pat/IL on 6/10/06 11:53am
Msg #125123

Re: One more thing. Quit Deeds are valid Deeds.

Janlee's description of the quit claim's effect would apply in Illinois also. It would convey any interest that the grantor may have in the propery, or as specified (ie partial interest).

Paul/IL's reply above, I think, gives an inaccurate impression that the quit claim would not convey property between strangers. While it is so that the deed would be ineffective if the grantor had no interest to convey, ownership would transfer if the grantor did have ownership interest in the property. In the case of a fee simple sale, a warranty deed is customary in that it warrants marketable title free of encumbrances except as noted. I am sure that Paul knows this with his extensive experience in the title industry. I just got a different impression from his post.

Droman_IL, you are not allowed to prepare a quit claim deed unless you are an attorney (many are prepared by paralegal in the attorney's office) or, as Paul pointed out, a party to the conveyance.

Janlee, I believe that the term "quick claim" is simply a mispronunciation of the word "quit claim".

Reply by BrendaTx on 6/10/06 12:07pm
Msg #125125

Re: One more thing. Quit Deeds are valid Deeds.

Texas doesn't even use quitclaim deeds any longer.

Reply by Janlee_MI on 6/10/06 12:28pm
Msg #125130

Pat. I copied that from a legal website. n/m

Reply by NCLisa on 6/10/06 8:16pm
Msg #125180

Re: One more thing. Quit Deeds are valid Deeds.

In NC a Quitclaim deed is a deed that does not warranty clear title to the property, it is used mostly between family members. We are an entireties state, so unless their is specific language in the quitclaim deed, (language that is not normally in them) not all the interest is dissolved between spouses. So depending on state laws, quitclaim deeds can mean all kinds of things. I never use them, I use non-warranty deeds. I wish we had Interspousal Grant deeds like we had in CA when I was there.