Posted by kcg on 5/31/07 4:23pm
Msg #193014
You Want Me to Sign What?
Today I get an email re a closing done last week with an attachment from title. Email says the attached form must be signed and notarized by notary in order for deed to be recorded. Here is the document:
I affirm under penalties of perjury, that I have taken reasonable care to redact each social security number in this document, unless required by law.
_________________________
Signature of Declarant
_________________________
Printed name of Declarant
What?????
I called the gal (5 calls since she had no number on the email) and she said the lender needed this.
I said, but I don't sign this page - I did not redact the SS numbers, this would be the person at lenders who verified numbers.
She said I know but lender wants notary to sign and notarize it.
I said first of all I cannot sign my name and THEN notarize my own signature and secondly, THIS IS NOT FOR THE NOTARY TO SIGN.
She said she KNOWS but lender wants it done this way.
I said well, that's too bad - you need to go back to lender and have them READ the sentence.
She said ok she would.
Now, I can guarantee that if a newbie who just fell off the assembly line at XYZ had gotten this, he/she would have signed it, notarized it and FedEx'd it back on their own dime, by the way.
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Reply by Linda_H/FL on 5/31/07 6:26pm
Msg #193036
Considering the definition of "redact" 1 : to put in writing : 2 : to select or adapt (as by obscuring or removing sensitive information) for publication or release; broadly : 3 : to obscure or remove (text) from a document prior to publication or release
I'd say that's a direct responsibility of the Settlement Agent or title or escrow prior to recording the security instrument - certainly not the notary...IMO
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Reply by Dennis_IN on 5/31/07 7:38pm
Msg #193055
Linda, you are correct. The lender, or whomever created the document (usually a Mtg.) is required to sign this doc saying the persons ss# is not in the recorded doc.
It's a IN thing...some legislator tried to protect consumers from identity theft.
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Reply by Stamper_WI on 5/31/07 8:17pm
Msg #193061
I looked at my first mortgage. From the 1970's. Every page had me SS# at the bottom. Including the mortgage.
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Reply by PAW on 5/31/07 9:58pm
Msg #193066
In FL, it's illegal to include SSN on most recorded docs
Florida Statute 119.0721(5)(a) effective October 1, 2002 - any person preparing or filing a document for recording in the official records shall not include a social security number, unless required by law.
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Reply by Becca_FL on 5/31/07 10:06pm
Msg #193072
Thanks for posting that Paul
I couldn't remember if that was a Fed or a State law.
I do remember cleaning up after the old timers with my black sharpie, as a post closer in 2002 . Old habits die harder for some. An update for the DisplaySoft fixed that problem.
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Reply by Becca_FL on 5/31/07 10:01pm
Msg #193069
Not the norm now. Because a mortgage is public record and public records are available online, all personal and private identifying information, such as SS#s must be stricken prior to recording. This is one of the reasons some counties are taking forever to post public records on line. Well, that and funding issues.
We didn't have identity theft in the 70's like we do now. You might want to make sure your SS# is not viewable in the public records.
http://www.usdoj.gov/oip/privstat.htm
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