Posted by MonicaFL on 6/5/09 5:02pm
Msg #291392

Get a load of this one

I just received a call from a N.Y. attorney's office who are also the title company to do a closing in 1 1/2 hours (but it is very close to me), but, get this, they wanted 40 pages faxed back, were wanting to pay $105.00 (I told her and she agreed to $175.00) BUT the REAL KICKER is this - she said "I am enclosing a bunch of NEW YORK AFFIDAVITS because NEW YORK will not accept FLORIDA affidavits and everything has to say New York. I told her that I was not going to do something illegal just because they were having a bad day. She said "well the property isn't even in Florida, its in New York" and I told her "well, the borrowers are in Florida and it has to be done according to Florida Notary laws! She said, well I don't have time to argue with you about this because this has to close tonight. Now, she called my sister but didn't tell her about the fax backs and the New York Affidavits that she was to use and offered her quite a bit less than what I told her I would do it for (if it had been a legal request). I have never been asked to do something so illegal - by a law firm, in my life. Thanks for letting me vent. P.S. My sister called me and I told her what was going on and she then immediately called her back and told her she couldn't do what she wanted do. She got really nasty with her and slammed the phone down.

Reply by Cari on 6/5/09 5:05pm
Msg #291397

get back at them and list the law firm here! n/m

Reply by sue_pa on 6/6/09 6:56am
Msg #291485

"get back at them"? Really ...

get a grip. Do you think this was some master minded "plan" for some type massive subterfuge ... or just a $12 an hour employee innocently trying to get the job done the only way she knows how. It certainly doesn't mean she is right but there was probably nothing "sinister" in her request. A company REQUIRING you to do something wrong/illegal and unknowingly REQUESTING it are entirely different. I know ... about the CA requests and going to jail ... that's not what I'm talking about.

Reply by BrendaTx on 6/6/09 8:54am
Msg #291486

Re: "get back at them"? Really ...

I am speculating but I think it is more a problem with the difference between the property venue (top of affidavits or conveyance documents) and the notary venue on the certificate. Some title companies and lawyers are very serious about this...adding the venue to the certificate, I mean, and leaving the other to the venue/location of the property.

Reply by pcooper on 6/5/09 8:48pm
Msg #291462

I have notarized other state's affidavits after correcting the state and county. Some title companies just have their defaults and templates set up that way. I hope I was not breaking any rules!

I cannot understand what they were asking you to do? To claim the documents were signed in NY? It does not seem a FL notary stamp would fly with a NY address anyway? It seems if the title company were willing to act illegally, why not just hire a courier to get the docs signed then the title company could notarize it themself?

Reply by Linda Juenger on 6/5/09 9:28pm
Msg #291470

I've been asked to just ID and witness the signing, but not do the notarizations. They will notarize with their own notary when they get them back. What???? I declined to be a part of that.

Reply by Susan Fischer on 6/5/09 10:29pm
Msg #291475

An Ode to the Notary Public, thanks, Linda. n/m

Reply by BrendaTx on 6/6/09 6:41am
Msg #291483

Could it be property venue vs. notary venue?

At the top

Property Venue:

State of New York

County of WherePropertyIs



Then an affidavit; signer signs.

Then a jurat at the bottom with or without a notary venue.

Just add the notary venue at the top of the jurat and leave the title doc's top venue as it is.

Reply by MonicaFL on 6/6/09 9:03am
Msg #291487

Re: Could it be property venue vs. notary venue?

I was very specific when I asked about the NY affidavits. She was very specific when she stated: The Affidavits must show NEW YORK I told her affidavits that I notarize must show FLORIDA. She got angry and the rest is history.! End of story.

Reply by MikeC/NY on 6/6/09 11:12am
Msg #291496

She's probably just a confused clerk

NY's Real Property Law requires specific wording for acks that involve real property, and that's most likely what she was thinking of. If it's notarized HERE, even if the property is in another state, that form has to be used. Obviously, NY can't and doesn't dictate what format to use when the notarization is done out of state, but she doesn't know that.

Either that, or her boss doesn't really understand notarial law or real estate law, and she was told to insist that it be done that way.

Reply by BrendaTx on 6/6/09 10:18pm
Msg #291516

Yep. After reading all the comments, I vote for confusion. n/m