Posted by Carla_MD on 7/28/08 1:55pm
Msg #257296

Notarizing Deed of Trust

I just got a phone call from a signing service I did a closing for on Thursday. Turns out the title company is stating that I did not notarize the last page of the docs. I did notarize the page where the borrower's signature is. but did not notarize the last ( i never notarize the last page) of the deed which is now holding up funding. When I read the verbiage in the notarization it applies to the lender/title company not me and for the most part I don't have a problem with title companies when I don't sign. Everyone once in a while some title company will complain (a newbie). I just wanted to get your feedback on this one. Because now I have to go back to the borrower get her to initial the form and then come out of pocket to send it back to the title company!!!!

......Personally appeared the agent of the party secured by the foregoing Deed of Trust, and made oath in due form of law that the consideration recited in said Deed of Trust is true and bona fide as therin set forth, that any loan proceeds advanced for the purchase of the Proeprty at the closing transaction by the secured party, was paid over and disbursed by the party or parties secured by the Deed of Trust.................................................

Reply by Pete/MD on 7/28/08 1:57pm
Msg #257298

I recently had this problem with a particular SS. Who is it?

Reply by Becca_FL on 7/28/08 2:11pm
Msg #257304

That is not there for you to notarize, but you already knew that. What kind of MoMo are you dealing with at this uninformed and unprofessional SS? I think I would call the EO and exploit the idiotic SS.

Reply by Pete/MD on 7/28/08 2:17pm
Msg #257308

Actually, I should say the TC and lender. The SS agreed with me. I sent an Rm back with the aff. of consideration blank and the TC then jumped on the SS because it was a lender requirement. LOL

Reply by Becca_FL on 7/28/08 2:25pm
Msg #257315

Oh, Geeze. I had a Green, MoMo EO last month that wanted me to fax back (for funding) a page of the lenders closing instructions that explained the verbiage that must be used on the HUD for an FHA deal. This was a SunTrust deal and I had closed 8 Suntrust FHA purchases that month that did not have this "requirement." I refused to go back out for that signature. I found out last week the MoMo EO is no longer employed by the TC.

With so many great EOs out of work right now, why the heck would any respectable TC hire a greenhorn?

Reply by CopperheadVA on 7/28/08 2:45pm
Msg #257324

Becca, are you referring to the example of how the HUD is supposed to read? And in the example it has a signature line with "Borrower" printed underneath? Too funny!

Reply by Becca_FL on 7/28/08 3:13pm
Msg #257333

You got it...too funny is right! n/m

Reply by WDMD on 7/28/08 2:20pm
Msg #257310

"Because now I have to go back to the borrower get her to initial the form and then come out of pocket to send it back to the title company!!!!"

Why does the borrower need to initial the afiidavit of consideration? Was it because every page of the DOT was initialed?

Reply by lindetteh_PA on 7/28/08 2:31pm
Msg #257318

How can you notarize the last page if it doesn't apply to the borrower's signature. Isn't this for the TC to sign and get notarized. I would not let them bully me into something that I knew was wrong.

Reply by Carla_MD on 7/28/08 2:48pm
Msg #257325

yes, she notarized every page of the deed. It is the title company demanding this not the signing company. I am totally PO'd. Mainly because I did a closing for same borrower 3 weeks ago on a different property, with same title company and i did not notarize that page of the deed either. I was hoping that someone had a quote from somewhere that I could forward to them to get them off my back.

Reply by Loretta on 7/28/08 3:05pm
Msg #257328

Carla...

Call them and tell them that you cannot notarize a signature of someone that is not in your presence when they sign it. It's illegal and it's as simple as that.

Reply by WDMD on 7/28/08 3:17pm
Msg #257335

"I was hoping that someone had a quote from somewhere that I could forward to them to get them off my back."

Page 18-19 Part VIII paragraphs 44-46 of your notary handbook has the info you want to send them. If you don't have the handbook look at SOS website and get it off the electronic version.

Reply by Yowheelz on 7/28/08 3:18pm
Msg #257336

Tell them to call one of those $45 notaries

they will sign anything.

Reply by WDMD on 7/28/08 3:23pm
Msg #257337

Re: Tell them to call one of those $45 notaries

"Tell them to call one of those $45 notaries they will sign anything"

Maybe it was one of those $90 TPL's that I hear there is an abundance of that signed it.

Reply by Trenton Hall on 7/28/08 3:07pm
Msg #257329

Are they fairly close.? Perhaps they could fax an initialed copy. If you had copied the mailing label you would have the address for return.

Reply by Joanne_NY on 7/28/08 6:10pm
Msg #257368

I recently ran into the same thing on a reverse signing. One document was for the bank/lender to sign - which I ignored and the second had three spots to sign and notarize, one for each borrower and one for the bank. The SS/Title company called and stated that I had not signed/notarized and needed to go back out. I had them scan email me the forms and lo and behold neither was for borrower's signature but for the lender's. I called and explained and they argued with me. Finally, I had them pull up the documents and we read them together! I did get an email apology stating that they were wrong! Yipes ... must be an epidemic of this foolishness.

Reply by WDMD on 7/28/08 6:25pm
Msg #257372

"I did get an email apology stating that they were wrong! Yipes ... must be an epidemic of this foolishness."

The Maryland affidavit of consideration is always a problem with TCs and SS"s who do not know any better. Fortunately it is spelled out in the handbook, so usually they can comprehend that and it solves the problem.

Reply by Ilene C. Seidel on 7/29/08 6:51am
Msg #257433

Carla, read your notary handbook it clearly states we cannot notarize the bonafied acknowledgement. We don't know the person (which is an officer of the title company). So what are you going to do notarize a blank acknowledgement? I think not. I had that problem with Transcontinental Title and fought it. Went to vendor management and it came out it was a newbe in the title company that didn't know better. Call them back tell them it's not your job and if they want you'll send them a copy of Md law.