Posted by Linda_H/FL on 6/16/10 5:31am
Msg #341086

Curiosity Killed the Cat...wonder what would happen

Was scanning the recordings at the court clerk's office this morning...found a mortgage recorded from Jane Doe and John Doe to lender, signed by Jane Doe and John Doe... *however* acknowledgement reads it was acknowledged by Mary Smith and Joseph Smith...

It's obvious to me that the doc preparer didn't change the preprinted certificate when preparing the package, but no one picked it up and the mortgage recorded as signed by two parties and acknowledged by two others. Wonder how that will impact the mortgage.

Too many thoughts for so early - happens when you're awake at 4am..

Reply by aurelio/FL on 6/16/10 6:45am
Msg #341091

Sounds like a good way to get a foreclosure thrown out n/m

Reply by BobbiCT on 6/16/10 7:06am
Msg #341095

But Satisfaction Brought Her Back ...

General Rule: Borrowers sell or refinance at least every 7 years. As long as the payments are made, nobody will notice.

The FUN begins if this "debt" goes into default. What "claim" for security for debt if Mary Smith and Joseph Smith don't own the real property securing the loan? What claim if Mary and Joseph Smith own the real property; however, the printed text lists Jane and John Doe as the owners? Whose real property secured the debt? Boring part is we'll probably never know.

Reply by Michelle/AL on 6/16/10 7:19am
Msg #341097

I'm so glad to know that I'm not the only one who

finds this sort of stuff interesting.

Reply by Grammyzoom on 6/16/10 7:24am
Msg #341098

Re: I'm so glad to know that I'm not the only one who

In my many years as an escrow officer and manager I saw a lot of stuff that just boggles the mind. I had an escrow once where the Deed of Trust was reconveyed the same day the document was recorded so when title did their search there was no lien on the property. Did the seller have to pay off the lien that no longer existed? Yes! I am not a lawyer but I believe those types of lawsuites fall under a catagory called unlawful enrichment and this covers a multitude of errors.

Reply by Grammyzoom on 6/16/10 7:37am
Msg #341100

Here is another one just for fun!

This is not notary related but this early in the morning I thought this might be a fun post.

I had a escrow once with a lovely husband and wife. Everything went smoothly until the day we closed escrow. Mrs. Seller came in and picked up the proceeds check. Two hours later husband came in to pick up check. When he was told that his wife had picked up the check he became enraged. Huge man, Parole Officer, very scarry! He left, came back 2 hours later, dissheveled, bloody, and very upset. The story was that when Mr. got to the house Mrs. was in her car. He demanded the check, she refused, he picked up a rock to throw at the windshield and she ran over him with the car! He wound up in the hospital for a week, I took back the money and threatened to send it to the court if they did not give me instructions on how to divide the check. What they never told me was that they were in the middle of a divorce.

And a side note to this story was a phone call I received from the buyer of this house. It was their first home and even though they were thrilled something happened to dampen their spirits. Mr. Buyer called and said that he had found something that would prevent his wife from ever moving in if she found out about it due to their religion. The sellers had left Mom behind. She was in an urn in the garage.

Reply by MW/VA on 6/16/10 9:54am
Msg #341127

Re: Here is another one just for fun!

Great stories, Carol! Anything can happen--just ask attorneys because they deal with human insantity all the time!

Reply by Julie/MI on 6/16/10 7:26am
Msg #341099

state specific

#1 As a former recorder and 500 papers are dumped on your desk, a few will slip through
#2 The recorder is a recording agency only and it's up to title to determine if it needs to be rerecorded
#3 In Michigan, (the only good thing) notary error does NOT invalidate the notarization, which I think is a very very good law!

Job security for the lawyers!

Reply by Linda_H/FL on 6/16/10 9:07am
Msg #341112

Re: state specific...probably Janet

BUT - not blaming the recorder here - this closed at a local title office - and their in-house notary didn't catch it - that's what bothers me most - the names in the cert are pre-printed in bold caps...how could she not see the names in the cert were not the names in the doc - title co rep and the person who prepared the docs missed it too...

Unreal...

Reply by Julie/MI on 6/16/10 9:16am
Msg #341114

Re: state specific...probably Janet

"this closed at a local title office - and their in-house notary didn't catch it - that's what bothers me most - the names in the cert are pre-printed in bold caps...how could she not see the names in the cert were not the names in the doc - title co rep and the person who prepared the docs missed it too..."

This nails the point I have been trying to make for the 10 years that I've been a mobile closer: Notarial acts are merely a necessary evil required to close a loan. Title companies don't care about this the way ya'll do because the docs that need to be notarized are small peanuts in the loan closing process. Construction liens and mortgage payoffs are much more important......

To those that are mobile notaries and close loans, it IS big peanuts because it's the only part ya'll do. KWIM?

Reply by dickb/wi on 6/16/10 3:09pm
Msg #341237

i just wish that lenders and title companies would....

stop pre filling notary blocks and let the notaries do it. it is the notaries block and is prescribed [i believe in most states] to be filled in a certain way.....i have many pre filled blocks where i have to make changes to correct it....if it had been left blank i could have done it right the first time.....jmho