Posted by NCNotary on 4/19/07 11:04am
Msg #185940

Where is the line

between signing agent and title? Recently it seems that more title work is expected of the notary, especially in the area filling out trust certs, S.I.'s etc. I recently was chastised by a title officer for not properly instructing the borrower on how to change draw amount to include the payoffs. It is my opinion that any changes to docs other than RTC are the responsibility of title, not the notary. Also, any requests for additional items or documentation (especially trust certs, SI's, certified funds and ID copies) should not come from the notary, but from the entity rquiring them. We should remain neutral and not place requirements on the borrower.Your opinions please.

Reply by SharonMN on 4/19/07 12:18pm
Msg #185948

I agree that none of the things you mention are the responsibility of the signing agent, and certain activities may require licensing as a title agent depending on your state. The only exception would be I think it is reasonable to check the HUD to see if there is an amount due. However, I would ask title or LO about whether bwrs need to provide a check and whether or not the bwrs have been informed of this. I wouldn't just demand a check in the absence of an instruction to do so. Maybe the bwrs already mailed it. (If I couldn't get in touch with title or LO, I might say, "Did anyone say anything to you about bringing a check to the signing?)

Reply by Anthony Fernandes on 4/19/07 12:45pm
Msg #185954

I have been chastised by SS and LO on more than one occasion for not explaining to the bo about interest rate, etc.
I usually tell them to call the SOS for CA and tell them what they have just told me!

Reply by CaliNotary on 4/19/07 2:27pm
Msg #185985

It's our job as signing agents to point out the terms of the loan to the borrower. It's not our responsibility to tell them WHY their interest rate is 6.5% and that the loan will adjust in 3 years, but it is our responsibility to make sure they're aware that their interest rate is 6.5% and the loan will adjust in 3 years. If you're not doing that much, you deserve to be chastised.

Reply by Susan Fischer on 4/19/07 12:19pm
Msg #185949

Agree with you! n/m

Reply by Keystone/PA on 4/19/07 1:11pm
Msg #185956

I had a Signing Agent call me last week and requested the recording information and prinicipal balance that goes in the MD Refinance Affidavit, rather than let the borrower sign it with blank lines.

I happily provided the info to her and mentioned it was good of her to call ahead and request the information before she scheduled the re-signing (it was a loan modification). I should have filled out the form before I sent it out, and apologized for leaving it blank.

Reply by NCLisa on 4/19/07 1:14pm
Msg #185958

**disclaimer, I'm not an attorney and not rendering legal advice**

Trust certs are not acceptable on NC properties. A licensed NC attorney is required by law to review the title search, trusts, and all "title related" documents and issue a "opinion of title" on a NC property before a title committment/prelim title report is permitted to be issued. At one law firm I worked for, we tried to come up with a way that the attorney did not have to review the full trust, and I being from CA mentioned a trust certification, after much research we found that it was not permitted in this state.

Reply by Tim_Mphs/TN on 4/19/07 7:19pm
Msg #186042

The only thing I fill out is Notary Certificate (ack or jurat) and ID Certificate (the Patriot Act one or the TC version), as these are being signed by me as the Notary or the Signing Agent.

Okay, I will complete the dates or correct the dates on the RTC and have the BOs initial the completion or correction, but only if they are missing or wrong.

I do not make any changes (or fill in any blanks) on any of the other docs without specific instructions from my client. It could get into the UPL if you do. Some of these TCs and SSs seem to consider a Notary some sort of junior paralegal and paralegal to be a semi-attorney. We have to make them aware that our role is different from the attorney (or a closer). We do not advocate for anyone; we do not advise anyone; we make sure everyone has been protected by being an impartial witness to the transaction. And we can pass along info from the TC or the Lender, within limits.

I always call my signers before I print docs or before I go to the signing to make sure that they have copies of their ID to go in the package (all of my clients want this, so it is standard for me to ask the BOs to provide it), and, if I see the HUD-1 before I speak with them, I will let them know if it shows I am supposed to pick up funds.

I have had some odd situations on the funds (had one this week who paid $166.05 in cash; TC instructions were to get it in a check form, personal check is okay up to $500, certified funds after that, call the TC if funds not available. I could not get the TC on the phone when the BO told me that the LO told him cash would be okay. The SS that sent me out agreed that the HUD-1 does say "Cash from Borrower" so they are pretty much stuck taking it if the BO offers it. I also believe a federal case could be made over the refusal to accept cash -- it is LEGAL TENDER FOR ALL DEBTS PUBLIC AN D PRIVATE and states so right on the bills.) In any case, I have never had a signing where there were not specific instructions from the TC or the SS about getting funds from the BO if the HUD-1 showed that they were due. Sometimes, the BO has paid them in advance; they will tell me that and I will call it in to the TC and/or the SS, and I have then done my job.

Basically, anything that makes you uncomfortable, you should ask your attorney about it to be sure that you are not straying into UPL.