Posted by Grace Gully on 9/14/07 7:42pm
Msg #211127

I need a little help here in CA

I have a Heloc for Saturday, on the BO signature line it has the name printed and next to the name printed is Individually, I have seen trustee, trustor but never individually. What does this mean and should my signer sign XXXXX individually? The BO is a single woman. The loan orginated out of PA. I called the SA and they have never heard of the term and JPMorgan is closed for the weekend. Anyone?

Reply by Linda Spanski on 9/14/07 7:51pm
Msg #211128

Their signature is all that's needed, no "individually" should be added. Usually you see this when a trust is involved. It just means they are signing in the capacity of an individual.

Reply by DellaCa on 9/14/07 8:55pm
Msg #211149

I was told to have them sign their name only not individually.

Reply by Grace Gully on 9/14/07 9:18pm
Msg #211157

Re: Thank you n/m

Reply by JanetK_CA on 9/15/07 1:27pm
Msg #211296

It means you need to call your client and ASK them exactly how they want the doc signed. Unbelievably, I at least once have been told to have the borrowers sign the word "Individually" after their name in that space. I can't count how many signings I've done with properties in a trust, but I've learned that unless I know how that closing agent or escrow officer wants it handled or they have provided instructions, when I see a trust involved, I check. And I am still getting different responses once in a while from everything I've ever heard... Go figure!

But if you can't reach anyone today (or it's too late...), I'd agree with what was mentioned above as a default.

Reply by BrendaTx on 9/15/07 1:52pm
Msg #211299

Yep...Janet, as usual you are correct. There are a few dinosaurs around who still want to see "individually" in the signature.

Sometimes the signer is signing off in a matter both as a Trustee, or as an Administrator, or Executor/Executrix and in an individual capacity. Old school lawyers have been known to want to see the individual capacity stated just as we see "...as attorney-in-fact..." in day to day signings.

Either way is probably correct but........as Janet states it's always better to call the client.

Reply by Ernest__CT on 9/16/07 2:57pm
Msg #211411

BrendaTx is right, as always.

I've even seen trust docs where the same person had to sign twice, once as an individual and once as trustee.

You'll see some ack forms have a "Capacity claimed:" section, with individual, trustee, officer, etc. as options.

Reply by JanetK_CA on 9/18/07 3:01am
Msg #211704

Re: BrendaTx is right, as always.

Except in CA, we can't include any capacity in an acknowledgement. If it is typed in, we must strike it out. But I agree re: the trustee part. In fact, more often than not, the packages w/ property in a trust have the person sign two or even three times. (Sometimes at Trust Settlor, as well.)

Reply by BrendaTx on 9/18/07 7:06am
Msg #211707

"Call the client" is the right part of my answer, as Janet

states, capacity in the acknowledgment is not allowed in California.

In Texas it doesn't matter whether marital status or capacity is added to the ack. It's the signer the notary is identifying and many statutory legal and transaction forms contain stated capacity or official position with an entity, or even marital status (which is not capacity).

That's not the notary's problem in Texas. Lawyers are presumed to have created mortgage related documents because it's a part of Texas law that attorneys draw the critical docs. So I don't argue with the attorneys who created the forms or the documents before me.

But, back to the question I was addressing with my response about capacity, rarely yet sometimes the client wants to see "Jane Doe, Individually" in the signature. It's best to call the client to make sure you get it signed like the client wants...in case they want the *signature* to contain "Individually"...rare, but not a "never" situation.