Posted by Ali/IL on 3/30/08 1:59pm Msg #241409
quit claim deed question
I conducted a signing where the borrower had submitted a quit claim deed. The title company told me that he had not added sr. to the end of his signature. And, that I needed to have him add that to his name and they enclosed an all purpose acknowledgement.. I am wondering. I had him just add the sr. to the end of the signature on his deed. Should I have had him cross out the whole name and resign and initial it? And, how should my venue read?
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Reply by SReis on 3/30/08 2:47pm Msg #241422
IMO, the whole thing should have been re-signed & then ack w/the correct name & new date of signing. I'm surprised that title did not just send you a blank one to re-do, although they may not have because of processing of the orig loan. Your new ack HAS to read the new date that was signed, although that is even difficult to do seeing he actually did not sign the entire thing in front of you again.
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Reply by Teresa/FL on 3/30/08 2:52pm Msg #241425
An acknowledgement does not require the document be
signed in front of you, only that the document signer acknowledge that they signed the document. I would have had him add the "Sr." to his signature, not resign his entire name.
What does the venue have to do with this scenario? The venue, as always is where you are at the time of the acknowedgment.
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Reply by SReis on 3/30/08 2:57pm Msg #241426
Sorry, Teresa is right....
Typing & not thinking. Your right that the ack does not have to be signed in front of you but I still would have had him re-sign entire thing (assuming that is that I had a clean copy to work with), the ack still would have had to read the new ack date, however.
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Reply by Teresa/FL on 3/30/08 3:01pm Msg #241427
It would have made sense to provide a new QCD, but
maybe there was more than one signer and the other signer was not available to re-acknowledge.
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Reply by Ali/IL on 3/30/08 3:34pm Msg #241433
Re: It would have made sense to provide a new QCD, but
I just had one signer. He divorced wife and he quit claimed. Title company wanted aka plus sr added to his signature on deed. I am just concerned that this may later cause questions to be asked as to why there is an extra ackowledgement attached.
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Reply by Teresa/FL on 3/30/08 3:55pm Msg #241434
Nothing for you to be concerned about as long as you
got proper ID from the signer.
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Reply by Cari on 3/30/08 8:55pm Msg #241455
Re: Nothing for you to be concerned about as long as you
the extra ack was for the new date of the second signing (i.e., for the correction)...you should be okay and you really shouldn't worry about it....
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Reply by MikeC/NY on 3/30/08 10:14pm Msg #241463
Did he have "Sr." on his ID? If not, how can you do an ack for the changed signature?
Technically he should sign it again, but I don't think there's any harm in him just adding "Sr." to his existing signature - you have to notarize again either way, because the signature has changed. And that goes back to the first sentence above...
As far as venue - the venue is always where your feet are when you notarize. Why would that be an issue here?
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