Posted by ssqu/ky on 10/24/06 3:03pm
Msg #154736

Reviewing doc's for signing...

and came across Affidavit of proration of recording fees and taxes. It states: Before me, a notary Public, did personally appear (borrower(s) names) ...and the agent for XYZ. However the agent is not personally appearing before me. I wonder why they would type it that way? I can not notarize this form unless the agent is appearing before me too.

Reply by Charm_AL on 10/24/06 3:07pm
Msg #154737

maybe attach an ack with the borrowers only? I haven't seen that one yet. You learn something new everyday

Reply by LisaWI on 10/24/06 3:44pm
Msg #154740

My take on these forms is they are the ones used for "in house closings". Call the company up and tell them to get with the program this is an outside closing!! (just kidding folks). Seriously, there could be a number of ways to handle the situation, just give them a call so you are confident you are doing it correctly.

Reply by dickb/wi on 10/24/06 4:11pm
Msg #154742

i agree...i would attach an ack with only those who appeared before me and no others.....the least i would do is to cross out the name of the person who didn't appear......they hate it when you do that, but i always tell them the notarization is in my ball field--not yours....i just hate it when some one behind a desk always figures they will put in all the names they want to see notarized whether they appear before us or not....and believe it or not i have seen notaries just attest to what ever is pre written in the ack or jurat with out a clue as to what they are doing.....any wonder we are some times under the scrutinous[spelling?] eye.......

Reply by Charles_Ca on 10/24/06 5:04pm
Msg #154746

Re: Reviewing doc's for signing...I wouldn't cross anything

out, I'd handle it as a split signing which in fact it appears to be; the borrower signs at one time and the LO at another, but crossing out or changing the docs except as directed is not the notary's job!

Reply by Roger_OH on 10/24/06 5:27pm
Msg #154748

I'm with Dick here...

I think Dick was referring to other names in his notary certificate that didn't appear before him; I'd absolutely cross them out too. That's OUR area to complete properly, no one elses.

Reply by Charles_Ca on 10/24/06 6:04pm
Msg #154755

Re: I'm with Dick here...You're right,

I should have gone back and read the original posting more carefully. If its within the wording of the notarial certificate it should absolutely be changed to reflect actual situation.

Reply by Ndwa on 10/24/06 6:38pm
Msg #154761

And I add that...

always line through any blank space (just like writing a check) to prevent it from unauthorized name(s) insertion to your certificate.

Reply by Charles_Ca on 10/24/06 6:49pm
Msg #154764

Re: And I add that...You could put half my town in some of

those spaces on the pre-printed forms - That's a good idea Andy, I've been doing it for years.

Reply by ssqu/ky on 10/24/06 9:34pm
Msg #154783

After talking with..

the ss I will attach an Ack that I recently purchased from NotRot (BTW I ordered my goodies from NotRot and I had it in 2 days- I'm pleased!) Thanks everyone.

Stephanie

Reply by LisaWI on 10/25/06 8:31am
Msg #154835

Re: Stephanie....Warning

If you already know the answer to this, then ignore this post, but I would like to send a gentle warning. I, too, bought the wonderful loose acknowledgements from here to find out later our state only accepts 8x11 or 8x14 for recording and scanning purposes. I only found this out because it was rejected by a county and the very nice lady at that recording office pointed me to the statute where it was dictated. If you have any doubts, just call your local recording office, and they can tell you.

Reply by MistarellaFL on 10/25/06 9:05am
Msg #154839

Re: Stephanie....Warning: A solution

I print my loose acks on both sizes, and I keep both sizes in my road file.
If the mtg (or DOT, depending on your state) is on legal size, I choose the legal sized ack and vice versa.
That should solve the issue for recording.

Reply by ssqu/ky on 10/25/06 12:02pm
Msg #154877

Re: Stephanie....Warning: A solution

I agree with the correct size to match the existing document but this is not a mortgage. It is a Proration of recording fees and taxes.. I pretty sure those do not get recorded at the County Clerk Office. Maybe I am wrong. Does anyone know?

Reply by MistarellaFL on 10/25/06 5:03pm
Msg #154983

Re: Stephanie....Warning: A solution

No they don't. But just wanted to let folks know that for recordable docs, they should bring both sizes just in case.
Sorry, I didn't mean to confuse the issue.

Reply by faceynotary on 10/24/06 10:05pm
Msg #154788

Yes these ss companies can be slithery. I agree with what everyone has said- there are many ways to skin this cat. SSQU you are in the right hands here. I've been reading some of the forums and I must stay that I am pleased and proud of our fellow and knowledgeable NSA's.

I take my commission seriously, and I scrutinize anything that I place my seal on. I also agree that you should tell the SS about the redflag. I also agree don't leave any spaces unattended.

This is also parallel to those infamous contracts the Signing agencies administer- my all time fave- "place a copy of your seal/stamp here." I see red like a bull. I instantaneously tell them that NY is a state that doesn't require an inked seal/stamp (this is true can you believe it?), and I also tell them that unless something is being notarized a seal should not be placed.

I recently seen a request for "sample copies of your seal." What the O&*(&*(&*(&*O&*&*(&U?

Anyhoo, good job NSA's in answering this question. Proper notarization is a very pertinent topic to me.

Have a good night all. It's always a pleasure.

Savvy Brooklyn NYC Gal