Posted by Leon_CO on 3/2/06 7:45am
Msg #101278

need some advice

I wish I had someone here who could go over these documents from a signing I did yesterday. From the moment I opened the packet I felt uncomfortable.

The signing was yesterday -- March 1st. The documents were dated February 21, 2006. The 3-day RTC was dated February 24, 2006 -- transaction date of February 21, 2006. I called the signing service. He said it was okay to go through with the signing. The title company said they could be signed up to 10 days after the transaction date.

There were blank affidavits that I was supposed to notarize. I called the signing service back and told him, "There are blank documents for me to notarize. I can't notarize blank documents." He said just fill them in with "N/A". I told him I can't fill in the information either.

Obviously there are a lot of things I haven't experienced as a notary. Are there illegal things that title companies ask you to do? Is it okay to go through with a signing with documents that are 10 days old? What do you do when they send you blank affidavits that they want you to notarize, and insist that, as a notary you have the "power" to fill in the blanks? I'm not talking about the venue and the notarial wording. I mean the entire document.

I haven't sent the packet in yet because I need to get some answers about what to do with these blank affidavits and a lot of other answers.

Here's an example of one of the blank documents:

AFFIDAVIT OF NOT ONE IN THE SAE

STATE OF ARIZONA }
County of _________ }

The undersigned being first duly sworn, on oath says that the foregoing information is true and correct statement, and further states THAT he/she is not the one and same person as ______________ referred to in that certain _______________ Recorded on ______________ in Docket __________ Page ________ or Instrument No. ____________ Records of __________ County, Arizona.

THAT this affidavit is given in order to induce Stewart Title & Trust of Tucson and Stewart Title Guaranty Company to delete Requirement No. _____ from the Commitment for Title Insurance and to issue Stewart Title Guaranty Company's ___________ Policy of Title Insurance covering the following property:


(blank)

SAID AFFIANT, knowing full well that ...


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It goes on, and then finally there's the certificate. What do you do? What do you say to the signing service? This is one of the documents where he told me to just write in "N/A" in all of the blanks.

Reply by MelissaM_FL on 3/2/06 7:56am
Msg #101281

As to dates, so long as you change the dates on the RTC to reflect the current dates (i.e. March 1, 2006 for signing date and March 4, 2006 for recission date) and have the borrowers initial those changes AND the SS/TC is telling you that it is fine to do so, I would not be uncomfortable with that issue. Make sure you get something in writing authorizing you to use docs that old, though, as a CYA measure.

As for the blank affidavits, does the SS realize what information the affidavits are asking for? If so and they still said to fill in the blanks with n/a, I would have the signer complete blanks in an affidavit with the information the signer believes to be true. In your case, I would ask the signer to complete the blanks in the affidavit with whatever s/he feels is appropriate, including n/a if needed. Keep in mind that I am a Florida notary and Colorado may have different laws. I am assuming that you would complete your notarial certificates as your state law requires.

Reply by Leon_CO on 3/2/06 8:01am
Msg #101284

Thanks Melissa. I did change the dates on the RTC. That I know I can do. And I went ahead with the signing. I'm just a bit uncertain about how to handle these blank documents. The borrower lives just a couple of miles away. I could take them back and have him fill them in with what he thinks is appropriate, as you suggest.

Yes, the notarial certificate is no problem filling out. But I just didn't want to put a stamp on a blank document.

Thanks again.

Reply by Leon_CO on 3/2/06 8:11am
Msg #101291

BTW -- you guys are great

I have gotten so much information from this board that I could put together a nice sized training manual. It's one thing to know how to do all of this. But there are always situations where you could use the advice from more experienced people who have done this a few hundred times.

Thanks.

Reply by SatomiCO on 3/2/06 7:58am
Msg #101283

For the incorrect February 24 and February 21, 2006 dates on the RTC, change date to March 1 and have BOs initial. Change the February 24 date to March 4 and have BOs initial. Make sure signatures are dated the date signed, and not date of docs.

Reply by Leon_CO on 3/2/06 8:05am
Msg #101286

** For the incorrect February 24 and February 21, 2006 dates on the RTC, change date to March 1 and have BOs initial. Change the February 24 date to March 4 and have BOs initial. Make sure signatures are dated the date signed, and not date of docs. **

Yes, I had the borrower initial the dates on the RTC. I explained to him his 3 day RTC, and showed him on paper how we arrived at that date. Yes, I had him put the date of the signing next to his signature. All of that I had no problem with. It was just the blank affidavits.

Reply by SatomiCO on 3/2/06 8:09am
Msg #101289

If BOs feel uncomfortable with filling in the blanks, or don't know what to put in the blanks, I return the particular docs unsigned and have them write a note to include with package that as soon as docs are filled in, they will sign. Never had a problem.