Posted by Shoshana/AZ on 6/4/10 12:49pm
Msg #339788
BOA Loan Mods
If you do them do you remember that the notary is supposed to sign where it says "by"? In AZ and possibly in other states, that is illegal. Signing your name on that line makes you, the notary a party to the transaction. You might check with your SOS to be sure.
Shoshana
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Reply by MrEd_Ca on 6/4/10 12:54pm
Msg #339791
What is the title of the document you refer to? (It has been a while since I have been the notary on a BofA modification & I don't recall this particular document; please enlighten me  )
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Reply by Shoshana/AZ on 6/4/10 2:00pm
Msg #339800
It is just 2 copies of that same document that need to be notarized.
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Reply by MrEd_Ca on 6/4/10 2:07pm
Msg #339801
Does the same document have a title? "by" ... , what? I don't follow.
I have been the notary on a couple of BofA modifications but it has been awhile now, & I cannot remember the document(s) you speak of.
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Reply by Riley/FL on 6/4/10 2:10pm
Msg #339802
It's the Home Affordable Modification Agreement. Some TCs instruct you sign where the borrower signs. I've spoken with 2 LOs from BOA and they told me only to attached a loose ack to the document.
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Reply by GWest on 6/4/10 2:18pm
Msg #339803
I am looking at the last one I completed and on the Multistate Home Affordable Modificatin Agreement form, above the "By:" it states:
"The Lender and I have executed this Agreement.
Mortgage Electronic Registration System, Inc. Nominee for BAC Home Loans Servicing, LP."
followed by the By: line
I have only been asked to attach an acknowledgement and if asked to sign on that line I would refuse.
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Reply by Alz on 6/4/10 8:11pm
Msg #339863
I have completed a host BOA Loan Mods; however, because I am in CA, a certificate of acknowledgement is alwyas used/attached.
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Reply by JanetK_CA on 6/7/10 3:21pm
Msg #340064
The last one I saw had a line across the page underneath the "By __________". Below that was a statement advising the notary to attach an Acknowledgment certificate. So it seems to me that spot is intended for someone else's signature. Fortunately, with this version, we don't need to worry about that.
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