Posted by Elizabeth Soliday on 12/13/07 10:42am
Msg #225869

Notary to revise docs?

Have you ever been asked to do something like this? The docs were in Acrobat Reader and so I asked that they be put in MS Word. I told her I had never been asked to edit docs before and needed clarification on what exactly I was doing. She replied that she would do it herself and send it to me - I am glad. I just want to know if you have done editing before and to what extent?

Msg:

Can you please add this as I didnt change

On the signature page of the deed of trust, please retype the borrower’s names and type trustee after them and then retype and type settlor after them. They need to sign individually, and as trustee and as settlor. There will be one more page to record for your fees.

Reply by Phillip/TX on 12/13/07 10:46am
Msg #225871

That does not fall within the guidelines of a notary public. We do not revise documents, unless it is a RTC with the wrong dates that must be correct before signing. But I would never change a DOT for any reason.

Reply by PAW on 12/13/07 10:55am
Msg #225872

I would have no problem revising the docs for names to be signed as long as I was given specific instructions from the title company to do so. I would not make any changes to any content of any document, though, whether or not directed by the title company or lender.

Note to Phillip - Granted, this is not a function/duty of a notary public, but handling a loan signing is much broader than just being a notary. Under specific direction, I see no problem in completing the request as it had nothing to do with the intent or content of the document. (Therefore, I don't see an UPL issue.)

IMO, we provide a service to our customers, the lenders and title companies. The better the customer service, the more our customers will remember us.

Reply by Phillip/TX on 12/13/07 11:10am
Msg #225875

This is true PAW, BUT, what if the documents are not revised exactly as requested, then the notary is at fault. Or the TC or whomever asked you to make the change states, we sent them a set of documents that had different signature lines, these have been changed from what we show as the original documents.

I would not do it, if they want it changed they change it and send it to me (CYA). I have been a mobile notary for several years, and I have been asked to do just this same thing many times, and have requested the TC make the corrections and resend to me. The DOT is an attorney drawn document, I am not an attorney.

Reply by PAW on 12/13/07 11:24am
Msg #225879

>>> This is true PAW, BUT, what if the documents are not revised exactly as requested, then the notary is at fault. Or the TC or whomever asked you to make the change states, we sent them a set of documents that had different signature lines, these have been changed from what we show as the original documents. <<<

Yes, if the documents were not completed as instructed, then then notary would be at fault. Therefore, it is important that the notary take extraordinary care in ensuring the changes are EXACTLY as specified. That is why I said if there were specific instructions. Without those instructions, and I don't mean just a phone call, but written, verifiable instructions, there shouldn't be an issue. I'm confident in my workmanship and my ability to follow instructions.

BTW, most DOT/mortgages are not attorney prepared (at least here in Florida). They are produced by the processor sitting at their computer filling in the names of the property owners, under the auspices of an attorney. And, those processors certainly are not attorneys either.

Reply by BrendaTx on 12/13/07 1:17pm
Msg #225905

Phillip is correct for Texas.

**BTW, most DOT/mortgages are not attorney prepared (at least here in Florida). They are produced by the processor sitting at their computer filling in the names of the property owners, under the auspices of an attorney. And, those processors certainly are not attorneys either.**

The lender's attorney and/or his/her staff prepare the mortgage documents in Texas. At times, the title company will lock horns with the attorney for the lender and vice versa about document requirements. The notary has no way of knowing who has the authority to change the documents and is not qualified to determine that, signing agent hat on or not. What's good for the title company or borrower may not be good for the lender.

It's best for the notary not to edit the documents by electronic means in Texas but to request them redrawn if they need to be different so that it is assured that the lender's attorney agrees. Too many things could happen to cause the notary trouble that could be avoided by not doing the editing for the document preparer.

All mortgage documents received by a Texas notary on a Texas property are presumed to have been attorney generated and exactly as they are supposed to be. I wouldn't touch electronic editing of a document with a ten foot pole.

Changing them by hand at the table for certain things doesn't hide any changes and makes it apparent that the documents are not in the original state as provided by the lender. That's a different situation, IMHO.

Reply by Phillip/TX on 12/13/07 1:38pm
Msg #225912

Thank you Brenda!!!! n/m

Reply by Linda_H/FL on 12/13/07 11:24am
Msg #225880

Re: Phillip, I don't think this is anything more than

making sure the document is signed correctly. She has specific instructions that they are to sign individually and as Trustees, and how their names are to be under the signature lines - the only thing I DON'T like is she's been provided the doc in a format that allows her to alter the document....however, she's not being asked to change the content of the document or the vesting.

IMO This is no different than when you get to a signing and find out there's a NOBS who has to sign the Mortgage/DOT and her name is not on the signature page...you add it (after consulting your hiring party) and move on. IMO there's no problem here.

Reply by Elizabeth Soliday on 12/13/07 9:47pm
Msg #225987

FYI

Someone in the escrow office typed in the changes, but one of the names was misspelled and in another place there was a type-over. Good grief, I could have just written it in...as it was, I had two cross outs for them to initial!