Posted by Jess/CT on 6/25/09 8:36am
Msg #293511

Another question re lost mortgage...

I posted earlier this week about the mortgage co losing the mortgage doc that was signed on 5/13/09. The signing co asked me to have it signed again, backdating to 5/13/09, I declined.

Now, I have been asked to have the mortgage signed again using the current date. The borrower is concerned about the fact that they would have signed 2 docs.
Should I include a jurat with the 2nd doc signing, noting that this is replacing the original form 5/13?

Any thoughts on this?

Reply by sue_pa on 6/25/09 8:39am
Msg #293512

thoughts are ... do your job. You do not create or change anything on your own ... EVER. The discussion regarding their concern is between them and their lender. When they work it out, you go out, get it signed, notarize and return.

Reply by Jess/CT on 6/25/09 8:40am
Msg #293513

Thanks for that!

Reply by MW/VA on 6/25/09 10:57am
Msg #293545

I agree. Don't read too much into this. Every now & then a DOT pops up that need to be resigned, usually when they discover that the original was never recorded. Whatever date the borrowers sign with, we notarize with the current date. If the borrowers have questions they should speak with the tc directly. Be careful about not getting into UPL (Unathorized Practice of Law)--a notary's worst threat. Reminder--we don't prepare documents, interpret them, make decision regarding them, etc.
We verify ID, witness signings & notarize--that's the limit of our capacity.

Reply by Jess/CT on 6/25/09 12:25pm
Msg #293563

Thanks, you all are always helpful!

Reply by PAW on 6/25/09 2:34pm
Msg #293584

They can sign a gazillion Mortgages. It doesn't mean a thing except that there is a lien on the property (and the other stipulations in all the legal rhetoric). They are not obligating themselves by signing the Mortgage. As long as there's only one Note, then they have nothing to fear.