Posted by natogan on 2/2/08 1:01am
Msg #233751

Loose Certificate

Let me share our discussion on the other forum regarding Loose Certificate. When I attach loose certificate, at the bottom of the page(not within certificate) I always ask the borrower to place initials. I don't think it is optional, because signature is left on the previous page.
When I get the package from attorney states and certificate does not fit the signature page, the bottom of the certificate is always placed with initials.

Reply by WDMD on 2/2/08 5:28am
Msg #233754

What is the purpose of having the borrower initial a loose certificate? What does attorney states have to do with it? Is this another of those CA requirements?

Reply by TRG_wy on 2/2/08 9:31am
Msg #233784

This post is a bit confusing.
A loose cert is not attached anything - it is loose. I personally never complete one even though several TC put them in the package as a "just in case".
If my acknowledgement is on the page following the signature page it almost always states what form it is part of. I see no problem having the signer initial the bottom of this page, especially if they have initialed previous pages. You see this often on mortgages/dees.

Reply by WDMD on 2/2/08 9:59am
Msg #233785

"If my acknowledgement is on the page following the signature page it almost always states what form it is part of. I see no problem having the signer initial the bottom of this page, especially if they have initialed previous pages. You see this often on mortgages/dees."

I was just curious because the original poster said he/she felt it is not optional to have the loose cert initialed implying it was mandatory. I had never heard of that before, as there is no requirement in Maryland for that. I thought maybe it was a CA thing or something.

Reply by GF_CA on 2/2/08 10:43am
Msg #233794

No is not mandatory in Ca. n/m

Reply by Ernest__CT on 2/2/08 10:27am
Msg #233787

NEVER supply Loose Certificates!

There are a number of offending Title Companies out there that claim "just in case" and include blank certificates to be notarized. Some even attach "helpful" stickynotes saying "Just use the borrower's name, not the non-obligated spouse" or "Please use both husband's and wife's names."

Bottom line: It is _probably_ illegal in your state to give somebody a notarial certificate that could be attached to _any_ random document. Just think of it as signing your name to an otherwise blank check....

Reply by WDMD on 2/2/08 11:19am
Msg #233800

Re: NEVER supply Loose Certificates!

"Bottom line: It is _probably_ illegal in your state to give somebody a notarial certificate that could be attached to _any_ random document. Just think of it as signing your name to an otherwise blank check...."

Who said anything about providing loose cert not attached to a document?

Reply by natogan on 2/2/08 11:47am
Msg #233806

Re: Detail is a great trait

There is no such code portion in CA handbook regards loose certificate (initiaals). As I told that I've conducted several assignments for Attorney office (New York), I might thought it is legal detail.

Being a teacher for 23 years probably made me very detailed, and I really thought it is mandatory requirement of Title, Escrow, and Mortgage companies, because a borrower's signature is left on the previous page.

Thank you everybody for being responsive. I feel proud of being part of NR.

Reply by Frenchie/TN on 2/2/08 11:49am
Msg #233807

Re: NEVER supply Loose Certificates!

I think Ernest CT is referring to these loan packages that sometimes include an extra loose certificate that will be used "just in case". I just return these blanks with a sticky note to the effect that it is not legal to complete/notarize blank certificates that are not part of a specific document.

Reply by Ernest__CT on 2/2/08 12:27pm
Msg #233810

Frenchie/TN is exactly correct. n/m