Posted by LeeH/IN on 5/10/11 10:25am
Msg #382720

Quit Claim

I received a request to notarize a signature on a Quit Claim Deed. The Deed was drawn up by the person making the request, who is the sole owner of a property. I don't know if there is a mtg on the property. He is adding his grandmother to the property (Title?) What signatures are required, just his or his and grandmother? He said notarial wording is on the Deed. Would this be an acknowledgement or jurat?

TIA

Reply by Linda_H/FL on 5/10/11 10:32am
Msg #382722

That's all up to the requestor to tell you

Probably an ack but depends on state-specific requirements, as are color ink and witness requirements.

Your requestor needs to tell you what certs he wants, signatory requirements and witness requirements. The only think in your control is making sure the notarial cert is Indiana compliant. Unless, of course, this is knowledge you should have as an Indiana Title Producer - then I'd suggest you contact your state insurance agency for guidance.

MHO

Reply by Ilene C. Seidel on 5/10/11 10:39am
Msg #382723

As far as what signature's are required it depends on the who drew up the docs. I've seen where the person on title was the only signature and sometimes the legal dept has both sign the person who currently owns the property and the person being added. Not your's to decipher who is signing, that's out of your hands. And if the notary acknowledgement/jurat is already on the document just make sure it's compliant with your state.

Reply by Sylvia_FL on 5/10/11 10:40am
Msg #382724

Doesn't matter to you whether there is a mortgage on the property or not. He is adding his grandmother to the title.
He signs it, his grandmother doesn't have to.
He probably just filled in a Quit Claim Deed form as there is already notarial wording on the deed.

Sometimes signing agents tend to over analyze when asked to perform regular notary work.

Reply by Notarysigner on 5/10/11 10:48am
Msg #382725

Re: Quit Claim absolutely correct Sylvia in fact

I'm noticing that more and more on this forum and that doesn't look too healthy, getting involved like that! My .02

Reply by LeeH/IN on 5/10/11 10:53am
Msg #382726

Thanks for your replies. All confirm my decisions. Wanted to make sure there wasn't some responsibility I was missing.

Reply by MW/VA on 5/10/11 11:53am
Msg #382733

A reminder that our responsibility is strictly that of notary. We verify identification and witness the signature. You cover yourself by getting it in your notary journal.
FWIW, a Quit Claim Deed (also sometimes called a Grant Deed or Gift Deed) changes the names on title vesting. It is usually signed by the person making the change only (grantor) and not the grantees.
That's all you need to know. To analyze too deep crosses over to UPL, IMO.

Reply by LeeH/IN on 5/10/11 1:12pm
Msg #382753

Turns out signer is a single guy in the military owning property. He needed an additional name on the peoperty in case something happens to him. Here's remembering Dan and all our military personel.

Reply by pat/WA on 5/10/11 1:23pm
Msg #382755

Sometimes it is signed by both the grantor and the grantee. Also there are usually at least six excise tax forms to be completed and signed.

Reply by Saul Leibowitz on 5/10/11 1:34pm
Msg #382757

In Indiana there is likely a form to be filled out at the County Building--Assessor's Office and brought to the Recorder's Office with the QC. They will help him out; no excise tax and this is not the Notary's responsibility but rather the Grantor's.
That form is not notarized.
Good Luck!

Reply by jba/fl on 5/10/11 2:06pm
Msg #382762

What you are talking about is a state-specific item. Not all states will require such.

She is in IN, I'm in FL so I won't bother telling her FL requirements. WA requirements are of no consequence to her either.

Reply by Saul Leibowitz on 5/10/11 2:58pm
Msg #382776

Relying on my experience with Indiana Title Producers license and experience recording docs in Indiana for a Title Co.

Reply by jba/fl on 5/10/11 3:16pm
Msg #382779

my post was not in response to you...I saw you might know. n/m

Reply by Saul Leibowitz on 5/10/11 6:58pm
Msg #382811

Re: my post was not in response to you...I saw you might know.

Apologies; didn't mean to seem snappish.

Reply by jba/fl on 5/10/11 7:49pm
Msg #382815

Saul: I didn't take it that way - we're good. n/m

Reply by Stephanie_CA on 5/10/11 3:53pm
Msg #382789

I notarize the signatures on documents that are

brought to me.
I do not attempt to get into their business and try to figure things out for them.
As a notary I simply identify the signer, fill out my journal and complkete Notarial Document.

I don'tthink it's our role to determine issues as far as who is required to sign docs.
I keep it simple - bring a signed doc to me with proper ID and I will notarize your signature.

It is my belief that the person/entity that draws up the doc, determines what type of notarial wording is required. This can be very touchy and I don't makle it a habit to work on the fringes of violating the UPL notarial law.

Reply by jba/fl on 5/10/11 4:55pm
Msg #382798

Re: I notarize the signatures on documents that are

I agree with you and if the person(s) bring the wrong stuff, how am I to know? This is not my business and I cannot advise or give advice.

Reply by FlaNotary2 on 5/10/11 6:30pm
Msg #382807

You have to learn to separate your signing agent duties

from your notary duties. The signing agent determines that the appropriate signatures are affixed on the document, that the appropriate number of copies are prepared, etc. The notary's only responsibility is to administer an oath or take an acknowledgment. The contents of the document are not the notary's business. As a notary performing general notary work, you can not determine who is supposed to sign.

Reply by Stephanie_CA on 5/11/11 11:22am
Msg #382858

The contents of a loan is not the Signing Agent's

business either.
Again, I simply notarize the signatures in the loan package.
I do not make any determinations; other than if I have valid identification that is not tampered with.
My responsibility is identifying the signer, completing the notarial certificate and having the signer sign my journal.
When printing docs, I do make sure I print a copy for the borrowers.
It is not my beeswax [] what the terms of the loan are or that the right notarial certificate is included; I am there to notarize signatures only.