Posted by Dennis D Broadbooks on 5/26/09 4:27pm
Msg #289929

"No Disaster-Related Property Damage" Form...

...has anyone on the board been asked to sign & Notarize this form included in iFreedom Direct packages?

Reply by MW/VA on 5/26/09 4:30pm
Msg #289931

I haven't seen that particular one, but one lender was including a "damage from Hurricane Charley" form in their packages. Are you the one being asked to sign the form or the borrowers?

Reply by Dennis D Broadbooks on 5/26/09 4:52pm
Msg #289939

The Notary is Being Asked to Sign AND Notarize...

...the form. There are a minimum of two problems with their request & perhaps more. First of all there's no Notary certificate attached to or written on the form. The signing company sent me a loose acknowledgement expecting me to simply sign it & forward it back. After a brief conversation with the company's contact, she was informed I flat out refuse to comply with their request. Only then did she state I'm not the only Notary who's refused to do that.

Secondly, I also told her I wouldn't sign the part of the form where I'm certifying there's "No Disaster-Related Property Damage" to the borrower's property. Here's the verbiage in the part of the form I was expected to sign:

"Certification
FHA/VHA Loans Streamline Loans Without an Appraisal
Located in a FEMA Disaster Area

I, the undersigned, hereby certify to iFreedom Direct Corporation, It's Successors &/or Assigns that on the date of 05/22/2009 I was in the home at the property identified above and saw no visible signs, either internal or external, to indicate any damage associated with the FEMA Disaster Declaration for the County in which the property is situated.

My Signature/Date"

Anyone else see a bunch of red flags associated with signing this document?

Reply by Linda_H/FL on 5/26/09 5:06pm
Msg #289943

Re: The Notary is Being Asked to Sign AND Notarize...

Yeah - how about you're not a property inspector? How about how are you supposed to know what's "disaster" related and what's just plain old deterioration and/or neglect
(and boy do I see a lot of those!!)... even if the area you can see is spotless you have no idea what exists underneath or in hidden areas.

I wouldn't sign that form as it stands - they want that type of certification let them send out another inspector. MHO

Reply by Lee/AR on 5/26/09 5:12pm
Msg #289948

No way, no how, not now, not ever. n/m

Reply by Dennis D Broadbooks on 5/26/09 5:12pm
Msg #289949

Exactly!

And how about the other 5-6 rooms in the house I didn't set foot in? The ceilings could have been falling in for all I knew. The signing also didn't take place until 9:30PM...I couldn't tell you whether the home was completely brick (the front was), much less if there was any damage to the exterior. As you say Linda, if they want a damage inspector they need to pay for someone else to their work.

Reply by MikeC/NY on 5/26/09 7:36pm
Msg #289991

Re: The Notary is Being Asked to Sign AND Notarize...

Do you even know what " the FEMA Disaster Declaration for the County in which the property is situated" is?

I wouldn't sign that form. If it's that important to them, let them get an inspector out there to verify it. Asking a notary to basically say "Yeah, the house looked fine to me" is just a cheap way out for them and may actually shift any the liability to the notary...

Reply by Lee/AR on 5/27/09 6:13am
Msg #290047

Re: The Notary is Being Asked to Sign AND Notarize...

Tho' the likelihood of liability for a notary signing this form is quite remote, what other reason could there possibly be for including such a form?

Reply by MarcyLA on 5/26/09 4:59pm
Msg #289941

Yes, I had one of these the other day. Borrower was concerned because the form wasn't specific to any one storm. He had "Katrina" damage which was totally repaired, but none with last year's storm "Gustav." He refused to sign until loan officer returned call. LO said it applies to the most recent disaster declaration. It made him feel better.
I didn't take a tour of his house, but from the 3 rooms I could see, it was well kept and I couldn't see any "visible" damage, so I was comfortable signing the form.

Reply by Linda_H/FL on 5/26/09 5:07pm
Msg #289946

Marcy, how can you certify to the condition of the

entire house based on the condition of only 3 rooms....personally I don't think you should have signed off on it - you're not a property inspector or damage appraiser...MHO

Reply by MarcyLA on 5/26/09 5:13pm
Msg #289950

Re: Marcy, how can you certify to the condition of the

It was a judgment call at the time. The man was adamant about signing for form for the right storm because he had no damage for last year's storm. The form says that you're not expected to do more than "observe for conspicuous signs of damage." I've seen so much damage in these areas over the past years I guess I take for granted what's considered "conspicuous." Lesson learned...don't beat me up too bad. I'll do it myself! It was the first time I'd seen the form. So, what happens if we refuse to sign it? If enough of us refuse will it go away?

Reply by Dennis D Broadbooks on 5/26/09 5:16pm
Msg #289952

After My First Post on This Topic...

...I received a call from the VP of the company who hired me for this signing & he was very cordial. He made a couple of attempts to persuade me to sign the form (he didn't even bring up the Notarization part) & after hearing my rationale for refusing, his exact words were: "Well, I had to take a stab."

Reply by Linda_H/FL on 5/26/09 5:27pm
Msg #289960

Dennis, didn't they have a full appraisal?

Why would they want you to, basically, recertify the appraiser's report? Wouldn't the appraisal have indicated damage? Isn't that the whole point?

Reply by Dennis D Broadbooks on 5/26/09 5:33pm
Msg #289965

Don't Know...

...& to a large extent don't care. What they were attempting to foist on me isn't in the purview of what I agreed to do for this particular company. The comments made by both the company rep & their VP gave me the strong indication they KNEW this was a problem document & weren't going to push the issue with me.

Reply by Linda_H/FL on 5/26/09 5:21pm
Msg #289955

I'm not beating you up at all...just my

observations....and telling your hiring party that you're a notary and signing agent/closer (or whatever term you prefer) and not a qualified inspector or property damage appraiser OR FEMA rep....to me isn't out of line - they shouldn't be putting that on you - they can send another appraiser out of they need that info..

*IF* I felt compelled to sign the form under YOUR circumstances I'd have made a note somewhere that "..this statement is based upon limited viewing area of three rooms only (list the rooms if you wish) - no representations made as to the remainder of the property."

MHO

Reply by Linda_H/FL on 5/26/09 5:25pm
Msg #289959

Last statement was for Marcy, BTW... n/m

Reply by Dennis D Broadbooks on 5/26/09 5:27pm
Msg #289961

Linda, I Wouldn't Even Do That...

...as you're "certifying" to a federal agency about something you're really not equipped to do. Unless you're a trained inspector even what's visible to your untrained eye may not catch hidden damage. And as you stated earlier, how do you KNOW the damage occurred in the FEMA related event? There's absolutely no way I'd affix my signature to a document with wording like that contained in it, even with attaching my own caveats.

Reply by Linda_H/FL on 5/26/09 5:28pm
Msg #289962

Good point, Dennis...:) n/m