Posted by Leon_CO on 3/15/08 5:32pm
Msg #239414

Deed of Trust Quiz

I would like to invite you to take part in a quiz. It involves the use of some graphics which is why I can't post it here.

http://activerain.com/blogsview/424233/Deed-of-Trust-Quiz

There isn't a "right" answer. There are many answers. I think it would be interesting to see the responses, and how various people would handle the situation. It could be good learning material.

Good luck.

Reply by Frenchie/TN on 3/15/08 7:13pm
Msg #239423

Notarial certificate is missing

Reply by OR on 3/15/08 8:44pm
Msg #239428

I would say that the Notarial Acknowledgment was missing. Which is something that a mobile notary should always carry to every signing. JMO

Reply by MelissaCT on 3/15/08 8:55pm
Msg #239430

How do you know the document holder doesn't want a jurat? Just because 99% of these are one way, a notary cannot decide what format is used on a document. The previous poster was correct about the notarial certificate wording specifically used in the response.

Reply by Leon_CO on 3/15/08 10:16pm
Msg #239441

I appreciate everyone's responses, but they are out of context here. You need to add them to that post. And the important thing is the solution. It's not as simple as many people are making it. Thanks.

Reply by dickb/wi on 3/16/08 1:01pm
Msg #239466

a jurat would be out of place on a mortgage or dot as......

in a jurat an affiant is swearing that everything on all [15-16-17] pages is the truth, whereas a mortgage or dot is a security instrument that lays out the rules of performance and secures the note [which is the promise to pay] jurats are usually reserved for those documents in which the affiant can swear or affirm that every thing in the document is the truth. my .02..

Reply by Maureen_nh on 3/15/08 10:46pm
Msg #239443

I do no deal with DOTS, we have mortgages, but I would wait until Mon AM and get the ack page from the sending entity.
Of course you have already had them acknowledge their sig on that day. Now big question do you have to go back, I don't think so. Might be wrong.

Reply by JanetK_CA on 3/16/08 12:57am
Msg #239447

Here's another question...

Here's another fun one. This will be very state specific, BUT...

Suppose you have a Trust Transfer Affidavit with no-longer-correct jurat verbiage at the bottom. It comes to you with a strike-through across the verbiage and handwritten next to it, a note saying to please attach an acknowledgment certificate. What would you do? (What if you couldn't reach anyone?)

Reply by Susan Fischer on 3/16/08 1:09pm
Msg #239468

The "written instruction" notwithstanding,

rather than simply attaching a loose ack, I'd make a copy of the doc, have both signed, attach loose jurat to one, and loose ack to the other. If handwriten note was in error, then a proper (in my state) jurat would comply, and if the note was a valid request, then the ack would comply. Either way, unused doc and cert could be shredded by receiver of docs.

Reply by BrendaTx on 3/16/08 6:49pm
Msg #239487

Re: Here's another question...Janet...

I'd like to know the answer. Is a Trust Transfer Affidavit a recordable document? If so, my guess is that you need both a jurat and an acknowledgment. I am not familiar with that document, even though I work in a firm which has a trust section of which I am only a part of in a pinch. I look forward to learning.

Reply by JanetK_CA on 3/17/08 1:52am
Msg #239508

Re: Here's another question...Janet...

Yes, this goes to the County Recorder - and it would be a jurat in CA. The hand written instruction was from an EO who was trying to be "helpful" because the jurat verbiage was no longer correct but wrote down the wrong information. Sharon hit the nail on the head. If you can't reach anyone, do both on a loose certificate to cover your bases, then find out the next day and only return the right certificate.

Reply by BrendaTx on 3/17/08 8:00am
Msg #239515

Re: Here's another question...Janet...

In Texas, it is "required" although not always enforced that a recorded document be acknowledged. Hence, an affidavit will be both sworn to and acknowledged when it is going to be recorded.

Thanks for the insight!

Reply by BrendaTx on 3/16/08 8:03am
Msg #239450

I don't know, Leon....Should I attach the new coversheet to the TPS report?

From: http://en.wikipedia.org/wiki/TPS_report_(Office_Space)

I'd need more data before giving a reasonable answer from a notary's perspective.

It looks like the acknowledgment page is missing but it's hard to tell. Exhibit A can technically be inserted before or after the acknowledgment page. I know this because I do doc prep. Like I said, more data is needed.

Reply by JK/TX on 3/16/08 10:58am
Msg #239458

Deed of Trust Quiz or Loan DocumentS Quiz..... both listed as an issue.


Based on the 2 maybe 3 vague questions and the 2 partial images.

__________________________________________________________________

<<<<<<…….this Deed of Trust problem.>>>> ?


I have only received 2 pages of the deed of trust. And;


“Which page of the loan documents (and its contents) is missing, and how do you solve the problem?”

Which page of the loan documentS is missing?….. Page 1 thru 39 and page 42 thru 105. Along with the title docs, HUD, notary instructions, confirmation of payment agreement to notary from hiring company, and any other docs or instructions I would be expecting if I was expecting them from a conversation I might have had with the hiring company that told me to expect them….


How do you solve the problem?...... if you have no one to contact? Contact the signor, inform them you only received 2 pages of their pkg and cancel the assignment until further notice.

Or (again, assuming) if part of the documents missing is the signors name, address and phone number (and since it is Saturday), I’d take a walk or clean house.

?

Reply by MichiganAl on 3/16/08 6:29pm
Msg #239486

This quiz is too vague to be of any value n/m