Posted by Hugh Nations Signing Agents of Austin on 10/26/06 1:46pm
Msg #155227

Query

I sometimes get a deed with venue information - State of _______, County of _________ - above the body of the deed. The notarial certification will have its own venue statement.

I know, of course, how to fill in the venue information for the notarial certification, but what should be placed in the venue blanks for the body of the deed? Should that also be the venue where the deed is executed? Or should it be the venue where the land lies?

Sub-query: What if there is no venue information preceding the notarial certification, but there is one preceding the body of the deed? Again, is it the county of execution or the county where the land lies?

If you choose to answer, please give me your authority for your answer; or, if you are unable to give authority, the reasoning behind your response.

Thanks.

Reply by Blueink_CA on 10/26/06 3:05pm
Msg #155237

Query - Where the notarizing took place
Sub-query - Where the notarizing took place

My authority for answering? Absolutely none, but I'm not the one questioning my knowledge.

Reply by ReneeK_MI on 10/26/06 4:01pm
Msg #155262

Let's play the Full Circle game ... =)

I think this is one of those things that doesn't have a definite answer, Hugh. Might be one of those gray areas that even the powers-that-be don't know what to do with. Whenever this question crops up - there's several very knowledgable folks who will state absolutely ... both ways. Two camps.

When I was 'the lender' and I was the compliance person for that lender - we had to have the top venue match the notarial venue. If the notary did not correct the top, we'd send it back to be corrected. All I know is - that was how HQ legal dept. deemed it should be. That's how I do it now (never posed an issue, either).

But ... you'll see, there'll be others who provide just the opposite answer, and they'll be experience and credible people, and THEY will say they've never had one come back.

I think there might be one small area of confusion amongst those a little less experienced, though - in being able to decipher what, exactly, is the "top venue" that we're talking about, and what might be text towards the top of a document that is actually NOTING the property location, and NOT intended as a venue.

Ha! So. Got another question you want answered?? lol

Reply by Hugh Nations Signing Agents of Austin on 10/28/06 2:24am
Msg #155697

Re: Let's play the Full Circle game ... =)

Thanks for the response, Reneek. What makes the issue really aggravating is that the venue heading on the body of the deed itself is completely superfluous; it adds nothing to the document.