Posted by Cupguy/Ar on 7/1/11 5:03pm Msg #388397
No signature line on HUD
I did a closing last night the third of the day. Printed out the docs and went to the closing. The final HUD had no signature line but the preliminary HUD did. Had the borrower sign everywhere his name was printed throughout the package. Title company is ripping me saying that I should have drawn a line and had him sign. I said that somebody dropped the ball and didn't put any signature lines in. What do you guys think, am I wrong? Yeah, sitting here after the fact, I should have known. But....... if they had a signature line we wouldn't have a problem.
| Reply by Linda_H/FL on 7/1/11 5:08pm Msg #388399
You said it...You should have known
Yes they should have had a signature line - but when you noticed there was none you should have called for instruction.
MHO
| Reply by Cupguy/Ar on 7/1/11 5:19pm Msg #388402
Re: You said it...You should have known
Yes after 300 closings I should have known. But....... Signature line gets a signature. Every other line did. Thought about it and went on. No signature line no signature?
| Reply by JanetK_CA on 7/1/11 10:17pm Msg #388419
Re: You said it...You should have known - not so sure...
I'm afraid I don't entirely agree. I remember looking at the new HUD format when they were first issued by HUD and I'm pretty sure there was no signature line. The title co's make the choice to add one or not. I believe, as someone else said, that's why we so often see the HUD signature addendum or see signature lines in different places all the time. Most will want it signed, but I don't think it's a legal requirement and I don't think we should have to be second-guessing what the title co wants done.
To them, it seems obvious, because if something is their policy, that's the way they always do it. When it comes to title docs, unless they've worked for different title or escrow companies, they've only seen their own packages. We, however, get something different all the time, if we're working with a large variety of companies. Clearly, certain things we can anticipate - and questioning whether or not a signature is wanted on a HUD may be one of them - but I don't think it's fair to say unequivocally that "they should have had a signature line".
| Reply by Lee/AR on 7/2/11 1:46am Msg #388427
I'm with JanetK on this one...
I'm in AR, too, and haven't seen a signature line on a HUD since the new format began. Agree with all her other comments, too. Particularly the 'that's the way they always do it'... doesn't make it the only way!
| Reply by HisHughness on 7/1/11 5:08pm Msg #388400
I have encountered that before, and I have been told that the HUD doesn't actually require a signature. Don't know if that is correct.
I would not, however, take any guff from a client of that nature. You paid to notarize documents, and to offer explanations most of the time. You are NOT paid to identify deficiencies in documents, and if they expect that, they should pay commensurately.
| Reply by Linda_H/FL on 7/1/11 5:10pm Msg #388401
I can't say I've ever had a HUD that did not require a
signature.....some have even required initials.....
| Reply by CopperheadVA on 7/1/11 5:40pm Msg #388404
Re: I can't say I've ever had a HUD that did not require a
A few times I have received a HUD that did not have a signature line anywhere. I emailed the person who sent me the docs and said, "I noticed that the HUD does not have a signature line - is this correct?" and then they send a HUD that includes an additional page with a signature line.
If I had not noticed it until at the table, I would have called TC. If you can not get a hold of anyone then yes it's a good idea to draw a line and have them sign that particular doc. If that's not correct, then the TC can just reprint another copy of the HUD without the signature line.
On the other hand, I know that some of the BOA packages back a few years ago had a two-page TIL that did not contain a signature line and not even an initial line. When I inquired about it with the TC, they said it wasn't required that the borrower sign it, but I could draw a line and have them sign and date if I wanted to.
| Reply by bfd110_IN on 7/1/11 5:37pm Msg #388403
Alot of title companies don't ave a signature lines on their settlement statement. Was it a loan where there was a signature attachment that acknowledged that they had reviewed the settlement statement? That has become quite common now a days.
| Reply by John Schenk on 7/1/11 8:48pm Msg #388412
We don't prepare the docs. Most HUDs that come to me the sig page is on page 4. Some have no sig page. I do not draw a line, and alter the docs, when there is no line for them to sign the HUD. I don't think there is a duty to do that, nor a right to do that by a SA. If the lender and/or TC want a sig line for the HUD, they need to put it there. I've done a ton of them that had none, and I never drew a line. WE don't draw the documents. WE get the documents signed that attorneys have drafted, title and the lender have approved, and it's really not OUR job to make sure THEY have done THEIR job. You get 130 pages of docs and get a sig and initial on every page that you're supposed to get, and answer questions that the BOs ask that you can point them to a specific doc, or line, that's self-explanatory to answer their question, and place your stamp on the docs...that's our job. We don't draft the docs, and we don't give legal advice as to why someone may have messed up drafting them. We make absolutely certain that they sign every place that they should, initial every place they should, fill in everything on an acknowledgement, or jurat, identify the borrowers, fill out our notary journal correctly,and ship it back timely. We're not in the business of creating legal docs. We're not in the business of making sure that docs we notarize are in any way correct in legal form. We get docs in, we get them signed correctly in the form they are received, and we should get PAID. If the docs are wrong, not really our fault. Do the signing, get a check. If you catch something you KNOW is wrong, you should make a call. Missing RTC, for instance. Again, we don't prepare the docs, we get them signed.
A SA that gives me a perfect set of docs back will get paid 100%. If you messed up on something and I get docked, then you will get docked for your own actions. In defense of any SA I will push the Correction Agreement and Limited POA to correct any error, but errors in the signing always come back to US. Just don't miss a siggy line or an initial line. If you ever do so working for an assignment for me, and you catch it, let's fix it, quickly!
Never do a signing that after the signing that you don't review ALL the docs, while sitting at the table, to be sure all the sigs are there, initials are there, and your notary info is not all filled in. If you're 100% with me, you'll get paid 100%, and I'll fight with the TC or lender.
JJ
| Reply by LKT/CA on 7/2/11 9:46pm Msg #388493
Agree with John
I've seen HUDs that had signature lines with the borrowers names preprinted and some that had no place for signatures and no preprinted names. Those that did not require signatures were not signed. A few escrow docs were included that needed signatures where escrow hand drew lines and put an X next to each line. Returned packages with signatures where called for and there were no problems from the TC.
| Reply by JENNY/TX on 7/1/11 9:43pm Msg #388414
Lately I have had several Settlement Statements with no signature line. Instructions from SS\Title, in big bold type, said "Do Not Have Borrower Sign the Settlement Statement". I do not draw lines on any document for signatures since we are not responsible for drawing up the documents.
| Reply by Cupguy/Ar on 7/1/11 9:53pm Msg #388416
Yes there are two things that drive me crazy. Somebody not doing their job, but even worse, blaming someone else for their mistake. The lady really reamed me for this one. Luckely the borrower is close by and this can easily be fixed. The e-mail she sent me said this is a MAJOR problem that I caused. The sad part is that the wife of borrower is a lady that I have known for 15 years. Now I have to go back to correct whose mistake?
| Reply by jnew on 7/2/11 10:41am Msg #388444
If you are doing a split signing, you have the option of crossing out the non signers signature line on the signing page and have it initialed by the signer and yourself. Then when completing the notary certificate, draw a horizontal line to the end of the ack. signing line, just as you do with a check when you write the amount. It was recommended by our SOS to do it that way, so I have always been able to justify it with the closing agent.
| Reply by jnew on 7/2/11 10:43am Msg #388445
sorry posted in the wrong section.
| Reply by Cupguy/Ar on 7/2/11 12:11pm Msg #388460
No lines, no names, nothing. Almost all of the other 110 pages had places for the borrower to sign with his name underneath it.
| Reply by kathy/ca on 7/2/11 3:25pm Msg #388480
Their mistake, not yours, end of story! n/m
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