Posted by Reba Shaw-Silva on 4/19/12 9:48am
Msg #418272

acknowledment

Please confirm...I am located in NY and have a loan signing assignment for a FL property. Would you recommend adding a NY all-purpose acknowledgment form? If so, should it be used as one for the complete set of documents or one for each place I notarize.

Or should I just cross a line through the FL (venue) (if wording is consistent)and write in NY…Any advice would be appreciated.

I understand this may be considered Loan Signing 101 :-), but its been a few months along and I have not yet encountered a use for my loose acknowledgment sheets. Am I missing something?

Reply by jba/fl on 4/19/12 9:56am
Msg #418274

Re: acknowledgement

You can cross through the venue, put where you are, initial and be on target. The only problem with adding your own ACK is possibly the mortgage as it may impact the recording fees already figured. If NY has special wording that is significantly different from FL, then you can replace to conform to NY laws, which are the ones by which you operate.

We do not require witnesses in FL, except on Deeds and conveyances of property, although your lender may do so. Follow their instructions regarding that.

Reply by SharonMN on 4/19/12 10:13am
Msg #418279

Re: acknowledgement

You DEFINITELY cannot attach one ack for the whole loan package! Each document you are requested to notarize must have its own, NY-compliant certificate. You can either amend the pre-printed one, write in your own certificate on the same page, or attach a loose certificate.

FYI - I think loose certificates are mainly used in those states (like CA) that have very specific wording restrictions. The only time I ever use them in MN is if the document presented has no pre-printed certificate and no space to write one it.

Reply by bpn/NY on 4/19/12 10:45am
Msg #418288

Re: acknowledgement

I cross out FL & write NY

Reply by dutchcloser on 4/19/12 11:39am
Msg #418298

Re: acknowledgement

I do the same. I don't think there is a need to add an addl' cert page. I've never been asked to do so.

Reply by VT_Syrup on 4/19/12 11:04am
Msg #418295

See http://www.dos.ny.gov/cnsl/npforms.html

It appears you have a lot of freedom if the signer is an individual, but you must use the form in section 309 of the Real Estate Law if the signer is a corporation.

Reply by Reba Shaw-Silva on 4/19/12 12:13pm
Msg #418302

Thank you everyone for your rapid responses.

Reply by Luckydog on 4/19/12 1:29pm
Msg #418320

You notarize your documents for the state you are located in. If they put FL in, cross out, initial and write in your state. Leave the rest alone, just correct your acknowledgment.

Reply by MikeC/TX on 4/19/12 4:10pm
Msg #418342

You can use the FL acknowledgment on a conveyance document (the mortgage or DOT and any riders) as long as the wording is consistent with the NY requirements. Technically, that's the only time NY specifies the acknowledgment wording. As long as it's essentially the same, just change the venue and you're good to go.

If the wording is not compliant and you must attach a loose certificate, be aware that some county recorders will have problems if the certificate size is not the same as the rest of the document. After getting burned once by this (it was a FL property), I started carrying loose certs on both letter and legal size paper.