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Posted by enotary/va on 4/4/09 11:30pm Msg #283630
Closing instruction attachment = signing???
I need some clarification on this. An identity affidavit was sent to me tonight. With a page number of 17a of 19 on the bottom. I was told this form needs to be signed. I did this signing 4 days ago. I was emailed 4 attachments for this signing. This form is NOT in the closing package attachment with all the docs to be signed, however we found it in the closing instruction attachment for the title company. A second page was sent that clearly stated that an identity affidavit was contained in the closing package attachment and must be signed.
I went through the entire closing package attachment and the identity affidavit that they sent me was not there. However, there was a Name identity affidavit in the closing package attachment that I had signed.
I'm not accustomed to finding documents that need to be signed in the closing instructions attachment ( 19 pages ) as these are just what is stated, instructions. On a lot of signings we get closing instructions with our docs. I have never seen anything that needed to be signed in with the closing instructions pages.
Do you ever find docs in the closing instructions that needed to be signed?
| Reply by Susan Fischer on 4/5/09 12:40am Msg #283632
"This form is NOT in the closing package attachment with all the docs to be signed..." "I went through the entire closing
Sounds like it's on the sending party, unless you got the "closing attachment for the title company," failed to include Page 17 of 19, to me.
If so, it's on them for a second trip unless it doesn't require a notariztion, in which casem they could just deal directly with the borrowers. It's not like there isn't a signed ID Affidavit.
I say, we can't sign what isn't there.
As for closing instructions sigs, I've had some sneaky ones, and some for just initials, too.
Is page 17 of 19 in th borrower's copy?
| Reply by sue_pa on 4/5/09 7:39am Msg #283638
I think, from what she says, she did get it originally. She just ignored the closing instruction attachment, where the form was located. Granted, most times there is nothing for us or the borrowers in the closing instructions, but on a rare occasion, there is something.
also, it doesn't say whether the borrowers sign and/or if it gets notarized. If she is the one to sign, I don't get what the problem is.
From the way I read this, technically it's her error although one I'm guessing many could make.
| Reply by MistarellaFL on 4/5/09 8:44am Msg #283645
Was this a countrywide package?
I recall having that form in the "new" CW packages. But it's been a looooong time since I faciliated a CW closing.
| Reply by Lee/AR on 4/5/09 3:19am Msg #283637
Agree w/Susan n/m
| Reply by MW/VA on 4/5/09 8:44am Msg #283646
I have found docs in the closing instructions that need to be signed by the borrower. When I receive the pkg., I leaf through the closing instructions, looking for this. I just clip the signature page to the top of the closing instruction segment. If you overlooked an identity affidavit & they contacted you, it would be your responsibility to complete it & return it. We all make mistakes, and I wouldn't worry about it.
| Reply by Sandra Clark on 4/5/09 10:23am Msg #283662
I have found this in a few, normally I make it a point to go thru all the closing instructions when I first get the package (if there is time) but always do at the table. You just never know.
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