Posted by KathiAZ on 11/2/06 1:04am
Msg #156787

Who signs Borrower Contingency/Settlement Ack?

Maybe I am tired, but this form has me stumped right now. The form states:

"I, The Closing Agent, certify this Acknowledgement was delivered and explained to the Borrowers on the Settlement Date."

________________________ ______________________
Closing Agent's Signature Settlement Date

This is followed by an acknowledgement
State of________
County of_________
Subscribed and sworn to (or affirmed) before me this.........

Is this for the "loan closer: to sign, or the Notary?

Thanks in advance.

Reply by MistarellaFL on 11/2/06 6:13am
Msg #156792

We're the signing agents. IMO this will be signed by the TC's closing agent upon settlement of the loan (settlement date=funding date).

Reply by Ernest__CT on 11/2/06 6:21am
Msg #156793

MistarellaFL is correct.

Notary Signing Agents are NEVER the Settlement Agents.

One firm has lately been requiring NSAs to sign above the words "Settlement Agent" attesting to having seen the borrowers' ID. Always cross out "Settlement Agent" and write in "Notary Public" or "Notary Signing Agent" or your favorite title and initial.

As always, this is not legal advice. Check with the entity that is paying you.

Reply by Poppy on 11/2/06 9:09am
Msg #156813

Kathi, don't forget we can't notarize our own signature.

So when you see one of these forms and there is an ack/jurat attached. You know you can't sign it since there isn't another notary present to notarize your signature.
Have a great day! "smiles" Poppy

Reply by KathiAZ on 11/2/06 9:28am
Msg #156820

Thanks for the replys

That is what I thought, but sometimes you get those strange documents and you begin to question yourself.
Thanks
Kathi