Posted by AngelinaAZ on 1/8/07 7:52pm
Msg #169918

RTC... update on the intoxicated signer...

... I went and checked at the Recorder's office and found the DOT. The loan was signed on 2/23/06 by the husband only (the wife's name was crossed off in the acknowledgement section and initialed by the notary), Release of the old Deed was recorded on 3/8/06, the new DOT was recorded on 5/8/06 with the wife crossed off the first page of the DOT and the word MARRIED written in. No initials were there on the change to the Vesting.

The 60 day delay from when the old loan was paid off and the new one recorded is interesting. There is a letter in the package from the TC on 2/28/06 to the husband and wife asking them to "Sign the Enclosed Paperwork Again" and they didn't do it.

I asked the people at the county why they would have recorded a DOT without the wife's signature or a disclaimer deed and they said that it doesn't matter because he is the only one on the loan. (How they would know that I don't know?). So I asked if a borrower was allowed to encumber the property without the consent of the other owners of record. She told me I was asking the wrong person. I asked "Who should I ask?" and she said she didn't know. She also made the statement... "We don't care whose name is on there... we just record it." Am I crazy??? Isn't the county SUPPOSED to care about that????

Reply by CaliNotary on 1/8/07 8:24pm
Msg #169928

Why are you getting so involved with this?

It seems pretty clear to me that this is the type of mess that it's going to take a lawyer to straighten out, if that's even possible. Which would probably cost more than paying a prepayment penalty.

The simple fact is that these borrowers screwed up big time and are more to blame for the mess than anyone else involved in the situation. They chose not to bail out on a crappy deal when they had the chance, they chose to get drunk when they knew they had to sign documents, they chose to not read over the documents during the recission period, now they have to pay for their bad decisions. Understanding the basics of a loan is not a difficult task.

Some lessons in life are more expensive than others.

Reply by PL on 1/8/07 8:53pm
Msg #169932

Isn't the county SUPPOSED to care about that???? No not really. The folks that are concerned about it, should be the signers and the mortgage company. The county recorder is just that, the recorder. The county will supply the document when requested by either or both parties if it goes to litigation.
I like Calinotary, wonder why so much concern on your part? My Dad said it best: "the school of hard knocks has high tution" and I think your friends have paid an Ivy league bill for a community college education.

Reply by AngelinaAZ on 1/8/07 10:03pm
Msg #169947

LOL...

***My Dad said it best: "the school of hard knocks has high tution" and I think your friends have paid an Ivy league bill for a community college education.***

SO true!

Reply by Lee/AR on 1/8/07 9:12pm
Msg #169935

Cali's first two sentences pretty well sum up my opinion of this mess. They need a lawyer...who will probably cost 'em as much or more than just paying the prepayment penalty & getting out of this loan ASAP. They are going to have to bite the bullet. It will be painful.
And, no, County recorders only care that the margin is correct, there's enough 'white space' to enter their recording data and that they can 'file' it somewhere and somebody's notary stamp is on it. A few other picky little details, but they don't care--nor is it their job to care-- about the terms, who should have signed, who shouldn't have signed, when they signed, etc. That's what a Title co. does. I've been told (never tested this, but do believe it) that I can record my grocery list if I'll pay the recording fee. They'd file it under "Miscellaneous".

Reply by TitleGalCA on 1/8/07 9:27pm
Msg #169939

Re: RTC... update on the intoxicated signer...Angelina

Angelina...you have to understand one thing - the recorders office is NOT the end-all, be-all in these transactions. They have guidelines, outlined in a manual. If a document meets those guidelines? that's all they care about.

They don't care about initials. They don't search ownership before they record a document. If a document is presented with someone encumbering a property (albeit the wife name lined out) and the acknowledgment matches? That's it.

You were asking the wrong person by questioning the recorder - and they have no responsibility for that. If the doc matches their guidelines, it's recordable. They AREN'T supposed to care about it, and they don't.

The 'rightness' or 'wrongness' isn't about them, it's about the lender. It's always about the lender. To charge the recorder with wrongdoing is placing the blame in the wrong place. Folks....it's ALL ABOUT THE LENDERS....they make the rules in this game.

For the others that say...."why are you so concerned"? forget it...you're so concerned because you are YOU and you have more knowledge now than you've ever had and you know something is amiss. But it's not the recorder's fault.

I for one think it's pretty great that you care. There needs to be more like you - just know that it's never, ever the recorder's fault.

Muuuuuah. You're great at what you do!!

Reply by AngelinaAZ on 1/8/07 10:00pm
Msg #169945

Re: RTC... update on the intoxicated signer...Angelina

Thanks for the info. I wasn't placing fault on them, I just remember getting started as an NSA and being paranoid of the 'REJECTED DEED'. I thought they looked more closely at everything... including changes and intials to them. Oh well, you learn something new every day.

As far as the "why are you so concerned?"... I don't let that bother me... I fully admit that I found the situation interesting. I can be interested can't I? If I can read the OT stuff, political garbage and stupid newbie questions on this site... I can certainly take an interested look at an interesting situation.

I already turned the mess back over to my friend after I took the inital look at it... I went and pulled the DOT because I was going down there anyway... AND I was interested in what I would find. I'll let him know... and he can do with it what he wants.

I thought I'd post what I found... since I posted the first part of it... alas I will leave the rest of you to the wonderful interesting questions of all the newbies...

And to TitLegal... Muuuuah right back atcha sista!

Reply by TitleGalCA on 1/8/07 10:28pm
Msg #169956

Re: RTC... update on the intoxicated signer...Angelina

***alas I will leave the rest of you to the wonderful interesting questions of all the newbies***

Uh...please don't Angelina. The newbies need to read your perspective...now that you've done the NSA thing...and now well involved in the lending industry.

If I could tell newbies one thing....pay attention to what Miss A has to say. Unless, of course, she's lamenting about government workers. That's only venting.

Reply by AngelinaAZ on 1/8/07 10:36pm
Msg #169959

LOL....

I'm not huffing off FOREVER... just for TONIGHT. Y'all can't get rid of me that easy... who will tell all the dirty jokes?

I just have a date to watch Little Miss Sunshine...

Me... Little Miss Sunshine... and Theraflu!

Reply by Gary_CA on 1/8/07 11:08pm
Msg #169961

I'm just a dumb ol' Okie...

certainly not a lawyer, and it's obvious that's what's needed in this mess... but if it were me I'd play the angle that the wife DOES NOT agree to this loan and DOES NOT agree to have her property encumbered...

I'm glad you shared the story... just for *** and giggles... not that you can do anything about it.

Of course none of this matters much as long as they keep making their payments... if it went to foreclosure and all this was discovered you'd see some loan underwriters and some escrow officers messin' their pants.

Reply by LawrenceOK on 1/9/07 8:15am
Msg #169976

Re: I'm just a dumb ol' Okie...What gives you the right

to call yourself a "dumb ol' Okie"

Reply by Gary_CA on 1/9/07 10:07am
Msg #169994

oops...

I'm really only half... well, um... maybe not...

Maternal grandparents, and several family members came to California 1936-1939, really, I didn't just read the Steinbeck book (good book though). I'm told I'll someday be an heir to grandpa's property outside Colgate that's split up among so many people now they don't know what to do and so there it sits. But I've been there once, nice big trees. Pecans I think, but not sure.

It's my dad that likes to call himself a "dumb old okie" but he's not, he's from Missouri. Mom says he's a flatlander making airs.

I meant "dumb like a fox"

So now you know way more than you needed about that dontchya?