Posted by DD/OR on 8/31/11 7:48am Msg #395830
What's your take on this?
It's a purchase closing. Property is in California. Buyer is in Oregon. On the Acknowledgement it has the state of California on it. I was told not to cross out California or put Oregon on it because it wouldn't record if I did. Thanks, anyone.
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Reply by SouthernOK on 8/31/11 8:13am Msg #395833
The state and county must be where your feet are at time.
Are you saying they wanted it to read like you were in CA during the signing? If so that's big wrong.
Who told you not to change/correct it and that it wouldn't record?
Isn't passing the smell test.
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Reply by DD/OR on 8/31/11 8:45am Msg #395836
Re: The state and county must be where your feet are at time.
The signing service told me that.
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Reply by Notarysigner on 8/31/11 9:35am Msg #395847
They are incorrect and you really need to educate
them because they will do it again. Too back we don't know the name, I'd tell them myself!
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Reply by Bob_Chicago on 8/31/11 8:35am Msg #395835
If you DON'T cross out CA and insert OR , then if , for sure
won't record. CA recorder will not accept it with an OR notary stamp. Talk to company again. Some companies do not allow even that type of "cross out" If so, then you must attach a loose ack.
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Reply by DD/OR on 8/31/11 8:49am Msg #395838
Re: If you DON'T cross out CA and insert OR , then if , for sure
I never heard of that before. I guess I will attach a loose acknowledgment. Thanks.
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Reply by Shoshana/AZ on 8/31/11 8:51am Msg #395839
I often come across that with Provident loans....
They don't want you to cross out so I attach a loose ack.
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Reply by SReis on 8/31/11 9:02am Msg #395840
FYI - They CANNOT tell you what to do w/your notary block
That is within your SOLE discretion (within the bounds of the law, of course). The lender & SS have NO say in that.
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Reply by Pat/Ore on 8/31/11 9:18am Msg #395842
I have always crossed out California and inserted Oregon then initialed. No problems todate
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Reply by Linda_H/FL on 8/31/11 9:21am Msg #395843
DD...you know better....and you know exactly what to tell
this company...I know you do.
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Reply by Roger_OH on 8/31/11 9:26am Msg #395844
The notary block is YOUR sole domain...
and YOUR sole responsibility. NO ONE, company or otherwise, can tell you what does or doesn't go into any part of the notary block, other than your state laws.
It's YOUR signature on the notary block, attesting to what it contains - period.
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Reply by DD/OR on 8/31/11 9:50am Msg #395854
Re: DD...you know better....and you know exactly what to tell
Linda, yes I know what to do. I wanted to get feedback on what others do in this kind of situation. Also it's a good learning tool for the newbies. I have never had a problem before with crossing out. In my opinion, there is something illegal about asking a notary to notarize a document with the wrong venue on it. I don't know how they can even ask that. For instance this one document says:
State of California: County of:
This instrument was acknowledged before me on _________________________ by _________________________ (borrower name)
____________________ Seal Signature of notary
Comm. exp. _________________
To not change it would be against the law. The alternative is a loose aknowledgement. In my opinion that should be illegal too. But I will comply.
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Reply by SouthernOK on 8/31/11 10:08am Msg #395856
Is that even CA verbage? FWIW, I'm not saying it is/isn't?
About the loose ak, why do you feel that should be illegal?
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Reply by DD/OR on 8/31/11 12:46pm Msg #395890
Re: Is that even CA verbage? FWIW, I'm not saying it is/isn't?
Because I feel it's circumventing the law. (I guess that's the right word) In other words, I feel it's going around the law. I'm not saying I'm right, just that I have a bad feeling about it, that's all. I can't put my finger on it.
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Reply by MistarellaFL on 9/1/11 7:42am Msg #395967
100% NOT ILLEGAL and covered in the constitution
In a nutshell, each state must honor the public acts of other states. It's not only 100% legal, but is required by law.
Article IV - The States
Section 1 - Each State to Honor all others
Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.
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Reply by Stephanie Santiago on 8/31/11 11:14am Msg #395865
Attach a loose certificate that is compliant with Oregon
Notary Law.
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Reply by cburton on 9/1/11 10:56am Msg #395987
I cross through the California and initial.
With the doc "POWER OF ATTORNEY AND CORRECTION AGREEMENT"... I have re-created that doc using Oregon instead of California then I can type in the borrowers names which is sometimes hard to do because the line provided is so short.
Never had any complaints. Better than using a loose leaf Ack.
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