Posted by Rhoda/CA on 3/29/06 1:58pm
Msg #109442

Re-Acknowledgement

I did a search and couldn't find my answer. I did a signing last night, refi on a first, and they included a Re-Acknowledgement asking that I notiarize it in the event the deed needs to be re-recorded; they need this and would rather not send it to the borrower. What does anyone know about Re-Acknowledgements and signing them during the initial signing? Thanks.

Reply by SarahBeth_CA on 3/29/06 2:13pm
Msg #109450

Never heard of it before. Sounds fishy. I will await TitleGals response to this. I have my ideas on what this is and they aren't good. There is no such thing as a Re-Acknowledgement notarial cert. They seem to want 2 acks for one doc (why? uneccesary? legal?). Or they may want an extra for thier paper work (wrong answer not legal). Re-recorded, huh? There's a big difference in what they think they "need" and what is legal. The person you spoke with may just be repeating what they were told and not doing a very good job of it.

Reply by Rhoda/CA on 3/29/06 2:16pm
Msg #109451

I agree with your thinking... fishy. It doesn't sound right, which is why I haven't signed it. I would love to hear TitleGals response as well. They actually included a brief write up about why they "need" it.

Reply by SarahBeth_CA on 3/29/06 2:26pm
Msg #109455

Would you care to share thier full explaination? If you'd rather email it that would be fine. Click on my link.

Reply by dickb/wi on 3/29/06 4:05pm
Msg #109484

never send an extra ack for any one........re-recordings don't need a new ack as a rule.....they are re-recorded to correct a legal usually......it's putting your commision on the line..not theirs..

Reply by Jules on 3/29/06 4:55pm
Msg #109498

They are asking you to break the law.

If they need to re-record a Deed of Trust the borrower needs to have their signature acknowledged by a Notary. What this lender is trying to get you to do is send in another acknowledgement so the borrower doesn't have to resign and appear again before a notary. If you sent in this extra acknowlegement it would give the lender full license to make changes to the Deed of Trust without the full knowledge and consent of the borrower.

When I worked in Post Closing the most common error that required a borrower resigning and having the Deed of Trust acknowledged a second time it that the original Deed of Trust was recorded without a legal description. I won't notarize a Deed of Trust or Grant Deed without the legal description either, because I know it will often need to be re-recorded and in California if the legal description is not attached that means it is incomplete and the law doesn't allow us to notarize an incomplete document.

Reply by Rhoda/CA on 3/30/06 5:27pm
Msg #109897

Thank you very much. I went with my instinct and did not sign it.