Posted by Luana Lonergan on 2/7/10 2:46pm
Msg #321821

Lost DOT

Got a call from one of my biggest co's to do a deed signing. Thought the name of the bo. was familiar so looked back 6-8 weeks and sure enough, I did the closing. Got to the bo's and they said Lender called and said that the disbursements had all gone thru but the deed had never been recorded. I asked the bo if he had kept his copies of the closing docs that I left with him. The DOT was in there, so obviously had been signed and sent back with docs. First time I ever saw that in 15 years. Lender and title co. very upset that deed had not been recorded.

Reply by KimWmsVA on 2/7/10 3:14pm
Msg #321826

Luana,

The same thing happened to me. Was it in Lunenburg CC? I got a call from a signing I did in November. The DOT was never recorded so they wanted me to go back and get it resigned. I was booked, so I could not do it; however, they found someone else to do it.

What is up with the circuit courts lately?

Reply by CopperheadVA on 2/7/10 3:24pm
Msg #321829

I've gotten called to do a DOT resign three times that I can remember. None of them was I the original notary. On one, the original signing had been two years earlier! An audit showed that the DOT had never been recorded. Things happen.

Reply by CopperheadVA on 2/7/10 3:26pm
Msg #321830

Oh, just remembered another one. The borrower said that the city courthouse was moving to a new location and some records got lost. On that one, I was the original notary.

Reply by Luana Lonergan on 2/7/10 3:33pm
Msg #321833

I have done a lot of re-signs and parts of signings that were done by a previous notary, but this one was just really strange.

Reply by CopperheadVA on 2/7/10 4:11pm
Msg #321837

Well thank heaven they are not trying to blame you for it! LOL!

I can just see it - six weeks later they call and tell you that you missed getting the DOT signed and they need you to go back for free, and oh by the way they need it dated for the original date...

Reply by John_NorCal on 2/7/10 4:40pm
Msg #321840

Sure would have been interesting......

had the property been sold or conveyed. With no DOT on record someone would have been SOL!

Reply by Linda_H/FL on 2/7/10 4:57pm
Msg #321843

Or had the borrowers defaulted - and lender

decides to foreclose! Oy...can you imagine..

Reply by Yoli/CA on 2/8/10 10:42am
Msg #321904

Re: Or had the borrowers defaulted - and lender

Had a DOT re-sign a few months ago where the borrowers kept putting me off to schedule -- first going out of town for the week, then had to go renew their driver's license and then 1 of them was sick. Finally, it scheduled and come to find out, this was for an investment property they had refinanced about 5 years ago and now they were facing foreclosure on that property. EXCEPT, it was found the DOT had not recorded. Their counsel had advised them to stall as much as possible.

Reply by MikeC/NY on 2/8/10 2:03pm
Msg #321930

Re: Sure would have been interesting......

Had something like this happen to me a couple of years ago - owner was trying to refinance or something, but the original mortgage had never been recorded. They sent me in more than a year after the fact to get the mortgage signed and notarized - and the owner was really annoyed at ME. I politely told him I had no involvement other than to bring them the document, have them sign it, and then notarize their signatures. That finally calmed him down, but he was pretty nasty about it at first.

Reply by MW/VA on 2/8/10 8:19am
Msg #321889

DOT's do get lost & it has nothing to do with the notary. If the loan disbursed, the tc obviously had it & something happened that either it didn't get sent off for recording or got lost at the recorder's office.
Things happen. I have some tc's that want two signed DOT's in every package--it's a safeguard in case one does get lost.

Reply by Notarysigner on 2/8/10 12:07pm
Msg #321918

I've noticed duplicates of DOT all last month. I thought wierd but obviously someone wants their own copy?

Reply by CopperheadVA on 2/8/10 12:36pm
Msg #321923

Yup, an extra 14 - 20 pages for us to print!

Reply by MikeC/NY on 2/8/10 2:10pm
Msg #321932

Duplicates

I had one client that wanted wet-signed copies of just about EVERYTHING. These packages were all CEMAs (consolidations), so there were already a ton of papers to sign without getting the duplicates signed as well. Typical packages was about 5"-6" thick. The one good thing was that the package was sent directly to the borrower, so at least I didn't have to print...

Reply by MW/VA on 2/8/10 2:34pm
Msg #321940

Re: Duplicates

I remember a tc in NY state that did a complete duplicate package. It's a PIA. Some feel there's an issue with duplicate "Notes" unless the 2nd is clearly marked "Certified copy".

Reply by MikeC/NY on 2/8/10 2:57pm
Msg #321951

Re: Duplicates

"I remember a tc in NY state that did a complete duplicate package. It's a PIA. Some feel there's an issue with duplicate "Notes" unless the 2nd is clearly marked "Certified copy"."

Might be a NY thing - we have some strange laws and regulations here.

As far as the duplicate Note is concerned - it's not a certified copy if it's stamped that way BEFORE it's signed, so what would be the point?

Reply by SharonMN on 2/8/10 5:10pm
Msg #321966

I get calls to resign DOTs (called "Mortgages" in MN) all the time - never got one of my own signings, though. I think they get lost at title, in the mail, or at the recorder. Seems kind of inevitable when you consider the volume some poor clerk has to deal with. Of course, the resign gets the proper date - no backdating.

Reply by Teresa/FL on 2/8/10 7:02pm
Msg #321975

I've done a few of these

It's been a while since anyone has called for a Mortgage resign, but a local TC used to call me to do these pretty regularly.

They usually discovered that the check for the recording fees had not been deposited by the county, therefore the mortgage was not recorded. It was either lost by the county or just never received. They would print or copy the mortgage from their files and type something like "Replacement for Mortgage originall signed on (date) but destroyed or lost and not recorded."

Sometimes the borrowers had questions and would pull out their copy package from the original closing to compare the documents, but it was usually a quick and easy appointment.

Reply by Teresa/FL on 2/8/10 7:04pm
Msg #321976

I meant to add..

maybe they are handling these by scanning and submitting them to the county electronically now. Orange county can accept documents to be recorded electronically now, so there may not be a need to have a Mortgage resigned if they have a scanned copy available to submit.