Posted by Belinda/CA on 3/9/12 1:40pm
Msg #414454

Louisiana NOTE and Mortgage info -

((Please see NC Closer’s “Note Acknowledgment Verbiage” shown a couple of items below this one.))

I had this come up recently. I explained why I could not sign the doc. Explained if they wanted the NOTE notarized they would have to choose a certificate (ACK or Jurat). Title "guessed" at an ACK so that is what I attached. Never heard anything back.

By the way, "NE VARIETUR" on the NOTE is Latin and means "lest it should be changed."

Also, Louisiana (LA) wants the Mortgage witnessed. They kicked it back at me for not having witnesses sign. CA is not a witness state. It is up to title to let borrower know to have witnesses ready. What am I supposed to do - go out and drag in strangers if there are any taking a walk in the neighborhood at 8pm? A heads-up is required here.

PLUS, the Mortgage says before the signatures, "... after being duly sworn and..." (implying a Jurat.) Mortgages/Deeds are normally an ACK.

PLUS, on the Mortgage the witness signatures are before the notarial wording. Do they want the witnesses notarized as well? That requires ID, etc.
The Mortgage says, "Thus done, and passed, on this ____ day of __________, in the presence of the undersigned Notary Public, and in the presence of the undersigned competent witnesses, who hereinto sign their names, along with Borrower, after being duly sworn and after reading the whole." Then come the borrower and witness signature lines. Then the notarial wording (such as it is.)
Sounds to me like everyone is sworn and ID'd and notarized. Title had no idea...

Title should include in LA packages an instruction sheet like some other states do so noting these peculiarities.

Reply by ikando on 3/9/12 3:44pm
Msg #414460

Whew! Sounds like Louisiana closings are a booger.

Yes, I agree with you that if a Louisiana property closing requires all that you've described, both you and the borrower should have been forewarned. If I'd had that come to me, I believe I would have turned it back. I've closed on Florida properties where witnesses are required, but fortunately the hiring party had let both me and the borrowers know, so we were all prepared. And Florida doc witnesses did not need to be sworn in. And are the witnesses for Louisiana supposed to have read the mortgage? That seems awfully intrusive on the borrower to me, not to mention time consuming.

Reply by Janet Sobers on 3/9/12 7:54pm
Msg #414471

We always require two witnesses with any docs pertaining to immovable property. We also paraph the note to the mortgage. (we have no specific requirements as to wording for our state).
Louisiana always requires two witnesses, but it is difficult to occasionally. About half the time, the person scheduling will argue and ask "Is this a new thing?" or insist that a Louisiana notary may be one of the two required witnesses. We may never witness anything we notarize here. I s always have borrowers provide witnesses, but they are only the signatures, so it is not very time consuming. Sorry but Louisiana notaries are very different. We can and do prepare all instruments in writing, no attorney required. We can and do suggest which forms are necessary to our customer's situation.
Fine line with UPL for us here!

Reply by FlaNotary2 on 3/9/12 10:17pm
Msg #414474

Been discussed many, many times

See Msg #407898, or search "ne varietur" or "paraph"

Reply by Belinda/CA on 3/11/12 10:48pm
Msg #414564

Nice to know. However, it doesn't hurt to

bring it up again. When I have a comment to make I am not going to look it up first. Besides, there are new people on the board that like a topic brought up. Things they don't even know to look up. Introducing new info for them. They are the reason I posted my reply to an earlier thread. Now when they run across a LA Note or Mortgage they can know it is something they need to be aware of.

Reply by Heidi Hager on 3/11/12 11:11pm
Msg #414566

Re: Nice to know. However, it doesn't hurt to

Belinda, I agree in not searching before asking. Yes , Louisiana Mortgage docs. are a nightmare.

1.)On the Mortgage issue, witnesses lines, are always above the Notaries signature spot... Because you the Notary are only there to witness the signatures of the parties and the witnesses...

2.) " NE VARIETUR" OR " PARAPH" in Louisiana, out of State Mortgage/ Title Co. and some Notaries are unaware of this. The Paraph is to legally secure the Mortgage and Note together to make a whole. If the "Note" does not have this it should always be made aware to whomever is handling/ preparing Loan docs. This can always be handwritten in by Notary also, but some companies prefer having everything nice and neat and have typed in.

Hope this explains a little better for you? You can contact me anytime with anymore questions.. Have a nice day..