Posted by Shelly_FL on 2/24/12 10:31am
Msg #412869

Warning...vent a coming

OK, borrower adds the first name of her mother to her name to take title of an inherited property, then can not present ID in the said name to refi. To top it off, the marital status is inaccurate. Docs are redrawn. Title includes marital status in the notarial certificate. I cross it out and initial. Now, title insists on signing another mortgage, because it will not record. Not satisfied even when I offer to speak directly to the clerk to explain how I may not certify marital status in the notarial wording. Title says if they dictate it so, that should be enough.

She had the gull to ask me to notarize the new mortgage with the original date, but refused to admit she was asking me to do something illegal. Then SS as much as asked me to do the same when he qualified that he does signings in Florida all the time and never has a problem with such a situation. Whatever! Just don't ever call on me again!

Anybody in Florida leave the marital status in the wording?
Vent over

Reply by Linda_H/FL on 2/24/12 10:41am
Msg #412870

Yes, you can leave it...

There's nothing in Florida law that I know of that prohibits us from putting capacity in our certs - and no proof required.

However, that name thing is a whole other issue. I'd have notarized with name on ID "who represented that she took title as"

It's all do-able - but PITA..

Reply by Shelly_FL on 2/26/12 5:37pm
Msg #413123

Thanks, Linda. I offered to word it as "took title as",

or AKA, but their attorney decided to revise the Quit Claim Deed to alter the version of her name on title, as well as transfer ownership to both parties. They had her sign as FKA.

Reply by ReneeK_MI on 2/24/12 10:47am
Msg #412871

Boy, this is so similar to a situation I had where the wife and mother did have the same name, and it appeared that marital status was wrong. I caught on before they signed, but it turned out the WIFE was not on title, the MOM was not at the closing ... total fraud.

I do feel your pain about the marital status included in the notarial cert. There's TWO entities that will back you up - the SOS (as it applies to a notarial cert) and the recording clerk.

Caveat - I did once have a recording clerk reject a mtg, because the "name" on the cert didn't "match" the front & signature line. The name DID match, but my cert did not include marital status. You can have a lot of fun arguing with someone who thinks the word "married" is a part of a person's NAME.

Reply by Jillian Hinrichs on 2/24/12 11:48am
Msg #412884

I wouldn't have left the "married" part in the notarial certificate either, it isn't up to us to determine that and I think anything within the cert should be something we know to be true. I was told that if there were other documents showing that wording that you could leave it in, but that it is not best practice to do so.

Reply by LKT/CA on 2/24/12 5:22pm
Msg #412936

Renee

How do you handle the situation when the signer(s) are perpetrating a fraud?? Do you remain silent and give them the "evil eye"....letting them know that YOU know that they are slick slicksters trying to put one over on a seasoned professional and you won't have it on *your watch*!!! LOL!!!

Reply by ReneeK_MI on 2/25/12 8:19am
Msg #413001

No evil eye ...

I've twice encountered orchestrated efforts of intentional fraud. The one I mentioned above, I caught on but played dumb, telling them that title would have to make corrections to the documents, got out of the house in 'good graces' - THEN I made sure all he77 broke loose. The really enjoyable part was going back out with new loan docs, with the MOM there (the one the daughter-in-law had attempted to present herself as). Not my call to pursue fraud charges - they attempted it, and I just made certain both title and lender knew. Oh, and Mom definitely knew, too!

The second time was heart-breaking, pathetic, I cried all the way home. Desperate situation involving a RM, and so sad, it's hard to blame people who are just trying to survive - but fraud is fraud, and I still feel the L/O involved should've gone to jail for his part in the pain he caused them (and the situation he put me in).

Reply by Barb25 on 2/24/12 3:00pm
Msg #412917

I would be interested in hearing

the outcome of this.

Reply by Shelly_FL on 2/27/12 10:14pm
Msg #413318

Follow up to OP

The title company was not able to send a new mortgage to me for them to resign in time before I left town for the weekend and the borrower could not drop everything to meet with me anyway. I offered to meet with them Sunday evening, but when I refused to back date the second notarization for the original signing date, they said they'd send someone else. I haven't heard back from them, so I suppose they got someone to go out and get'er done.

Today I happened to be in the vicinity of the Pinellas County Court House and visited the recording office to ask them directly if they had/would have rejected such a notarization with the marital status lined through and initialed. The clerk said she could care less what their marital status was and that there would be no problem with recording it.

For those who are interested in knowing the opinion of our late, great Paul Williams about this issue, search for Msg #377031.