Posted by JAM/CA on 7/16/09 10:30pm
Msg #296178
South Carolina question
I did a signing for a South Carolina property today. The signer is a traveling nurse in California at the moment. Re-fi on her primary residence. She was not informed about the requirement for the two witnesses on the Mortgage. Attorney called and said I could be one of them and since we met at a restaurant to grab any waiter/waitress to witness. Nobody in the restaurant wanted to witness, they were afraid. I ended up calling my husband to drive to the restaurant to witness, to get this loan closed.
Question #1-Do you feel this deserves extra compensation?
Question #2-This looks like a jurat on the Mortgage. Is it a Jurat or Acknowledgment? The attorney wasn't sure. TIA
|
Reply by Lee/AR on 7/16/09 10:38pm
Msg #296179
Extra comp. for providing a witness? Sure... unless you're running a 2 for the price of 1 sale this week or hubby doesn't mind using his car, gas & time for nothing. It's the B's job to provide their witnesses, not yours or hubby's, so that should be compensated. Will it? Let us know.
|
Reply by MikeC/NY on 7/16/09 10:44pm
Msg #296183
"Question #1-Do you feel this deserves extra compensation?"
I would think so - it's usually the signer's responsibility to provide a witness; if you're going to go out of your way to provide one, additional compensation should be required.
"Question #2-This looks like a jurat on the Mortgage. Is it a Jurat or Acknowledgment? The attorney wasn't sure. "
The attorney wasn't sure???? Was this his first real estate deal? Every state has different requirements; I've never done a signing on a property in SC, but I've never seen a mortgage yet that required a jurat. Still, if it looks like a jurat (requires an oath), you should treat it as such - ours not to question why, etc, etc....
|
Reply by Linda_H/FL on 7/16/09 10:59pm
Msg #296188
Re: South Carolina question...whoa
if he doesn't know if it's an ack or a jurat..and it IS a jurat (which I doubt but that's neither here nor there) he's gonna be totally blown away when he gets the CA mandated type jurat...LOL
Good Luck, Joan..
|
Reply by Jim/AL on 7/16/09 11:01pm
Msg #296189
Should have called SS or TC BEFORE calling hubby and let
them make the decision and hopefully approve fee increase. Always better to get the commitment from them prior to putting extra time, money etc... into a job.
Scenario: If I said I will charge you $200 to install your dishwasher and then I gave you a bill for $300 when I was done and tell you I found out I had to have a helper so I am charging you more....would you want to pay the extra $100?
People and/or companies do not want to have an increase after the fact. Tread softly IMO.
|
Reply by JAM/CA on 7/16/09 11:12pm
Msg #296191
Re: Should have called SS or TC BEFORE calling hubby and let
Thank you all for your comments. Title company in Maryland was gone for day. I always figure it's best to try to save the loan, if you can't get hold of anyone. Title didn't even know witnesses were required. Called after hour cell phone for L.O. twice with no response.
I will not ship till I know this is correct. I have till 5:15 p.m. tomorrow to ship.
|
Reply by Maureen_nh on 7/17/09 1:45am
Msg #296195
Re: Should have called SS or TC BEFORE calling hubby and let
Been a while since I did one, but SC was totally whacky.
Lawyer state and you notarized witnesses and not the borrower. You should have had a lawyer in the mix somewhere to ask the borrowers if they understood all that lovely paperwork so we can charge you an extra fee.
|
Reply by JAM/CA on 7/17/09 11:12am
Msg #296242
Jim, your scenario doesn't work here
In this situation, a necessary part was missing. Also, called Title this morning and they did compensate me for having my husband come.
As far as SC signings being whacky. That is an excellent word for them. Trying to follow California law and please the attorney on the phone at the same time.
Thanks again you guys, we'll see if this flies.
|
Reply by A S Johnson on 7/17/09 10:45am
Msg #296236
I have done some SC Real Estate papers. Yes they are different.
1st and most important, an att'y has to be involved in the signing, if out of state, by phone.
The att'ys I've worked with have generally called before the signing to tell me they have gone over the docs with the Br and everything is go. At the signing the att'y is called to witness you verbally ID and administer the oath to the Brs and have them verbly ack what they are doing.
You can be one witness and their must be another person to witness.
Just an aside, the above is the way it is suppose to be, but you are dealing with an att'y and how it gets done can be somewhat shorten.
|
