Posted by Shelly_FL on 2/28/12 10:33am
Msg #413344
Follow up to marital staus on certificate
I never heard back from the SS about how they resolved it with title about their fixation on the marital status in the certificate. I (cautiously) assume they found another notary to rectify it or resign, which is a pity after all that the B has been through.
Just to be sure there was/is no conflict with the best practices I've adopted, I made a trip to the Pinellas County Court House, yesterday. I visited the recording office to personally ask them if they had/would have rejected such a notarization. The clerk said she “could care less” what the borrower’s marital status was and that no one there would have a problem with recording it.
I sent the SS an email to that effect and quoted Florida Statutes and the opinion of our beloved Paul Williams (Msg #377031) in my support. If they still have doubts, I want to know it now. They have mixed reviews on SC and there is no justification in shorting my fee or not paying because title is anal retentive.
If they don't pay, I will definitely keep you posted
| Reply by bagger on 2/28/12 12:46pm
Msg #413360
There is a new form in Illinois that annoys me.
"Are you party to a civil Union?"
| Reply by Clem/CA on 2/28/12 12:58pm
Msg #413363
In Ca. Its the domestic partnership paper. I always tell the husband that now would be a good time to tell the wife about Fred
| Reply by Linda Juenger on 2/28/12 2:02pm
Msg #413382
bagger, I've been seeing this form a lot also. Believe it
or not, some borrowers don't even know what that means. lol
| Reply by jba/fl on 2/28/12 2:08pm
Msg #413385
Re: bagger, I've been seeing this form a lot also. Believe it
Some have no need to know...it does not pertain to them.
| Reply by FlaNotary2 on 2/29/12 8:31am
Msg #413478
Now just because a clerk will record anything, doesn't
mean that an instrument complies with recording law. Deeds, as we all know, have to be acknowledged - but clerks don't care if there is an acknowledgment on it or not. They will record whatever you put in front of them as long as it says "Deed" on the top.
I don't have any problem putting marital status in a certificate but I never do it. The deeds that I notarize are prepared by myself at the law office where I work, and marital status is NOT necessary in the certificate. The person is acknowledging the deed as an individual, not in their CAPACITY as a married/single/divorced/widowed person.
Title companies get fixated on very silly things. Try as we might they are not going to allow us to "school" them - they are going to continue to do things the way they do them whether they are wrong or not.
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