Posted by LKT/CA on 2/6/08 6:16pm
Msg #234372

Strange (and illegal) Request

Just had a request to have 3 docs notarized, but one of them was completely blank. Had 8 lines of fill-ins and many boxes to check....nothing filled in and nothing checked. Called the SS to ask who the borrower would call if he had questions about filling out form since I'm not able to assist him.

SS: Borrower "may" know some of the answers but I know he doesn't know them all, just leave blank what he doesn't know and TC will fill in later.

Me: Sorry, I cannot notarize blank or incomplete docs. They have to be filled in and there is nothing filled in on this entire page.

SS: Where did I hear this about not notarizing if doc is incomplete? From NNA? Don't know how long you've been a Notary but I've never heard this in 5 years. I can get someone else to do this. Where did you hear this?

Me: From the California Secretary of State who governs notary rules and regulations. Yes you can, and they'd be committing a crime.

SS: I just need to get this done. And thanks for calling me because I would be mad if at the signing, this couldn't be done. Shall I remove you from the signing?

Me: I can notarize the other two docs as they are completed.

SS: Well, I need that form notarized. You know that loan docs typically are incomplete and have lots of blanks, right?

Me: Not the loans I've done.

SS: Ok well, thank you for your time and I appreciate you letting me know this. Have a nice day.

Reply by Dawn Anderson on 2/6/08 6:26pm
Msg #234373

I agree with your handling. What is the company name?

Reply by LKT/CA on 2/6/08 6:31pm
Msg #234375

24-7 Nationwide Notary Network of San Clemente, CA. Just looked them up....they're slow payers so the cancellation worked out.

Reply by KBLedgard_CA on 2/6/08 8:45pm
Msg #234398

So if you know the company name, why not link the thread to start with? Is that to hard for you, or anyone who creates a thread with pertinent info about a company, to do?

Reply by Rachel/ORWA on 2/6/08 6:41pm
Msg #234376

Not illegal in Oregon...

We may notarize a document with blanks in it, as long as the signer is aware of them and is deliberately leaving them blank. I make a note in my journal of the blanks. The difference in state laws is interesting at times.

Reply by Merry_CA on 2/6/08 6:58pm
Msg #234379

What was the document?

Reply by LKT/CA on 2/6/08 7:09pm
Msg #234381

Certification of Trust

Reply by Linda Spanski on 2/6/08 7:14pm
Msg #234383

Often, the info the bwr needs to fill out a trust cert can be found elsewhere in the loan package -such as on the Deed of Trust.

Reply by LKT/CA on 2/6/08 7:18pm
Msg #234384

There were only 3 papers emailed to me ...Certification of Trust and two Confirmations of Conveyance.

Reply by Glenn Strickler on 2/6/08 7:31pm
Msg #234386

Sounds like they are going to try to pull a fast on on the BO. All the LO has to do is call the BO before you go and fill out the form before you get it. Then the BO can review it before signing.

Good Job ...... I am really getting tired of being asked to break the law.. ..

Reply by Calnotary on 2/6/08 7:30pm
Msg #234385

" Often, the info the bwr needs to fill out a trust cert can be found elsewhere in the loan package -such as on the Deed of Trust."

You won't find this info in the DOT, you need to see the trust documents that the borrower got from their attorney.

Reply by CaliNotary on 2/6/08 7:42pm
Msg #234389

The DOT will usually show the name and date of the trust, and the other questions can usually be answered without having to drag the trust documents out as most of the answers are just the borrower's names repeated over and over again.

I see these forms all the time, I'm surprised that this was the first time LKT encountered one that needed to be completed at the table.

Reply by kathy/ca on 2/6/08 8:31pm
Msg #234396

I agree with Cali on this one! n/m