Posted by closingpro on 3/16/12 1:08pm
Msg #415142

They want me to send a all-purpose acknowledgment....

I just had a company want me to send a all purpose acknowledgment (APA) for a closing I had in the beginning of February. They said the name of the acknowledgment on the mortgage was not correct and the probate office rejected it. That was fine and I understood why this needed to be corrected. They sent me no info other than the borrowers corrected name. I looked up the closing and got the date and what info I could. I needed more info to fill out the acknowledgment such as
type of document which I assumed was the mortgage. # of pages. Signers other than the named above....I had that one. In another email she said date the top with the closing date and put todays date at the bottom.....which made no sense, if your familiar with that form. She said I was making something easy hard I didn't need that information. That made me mad. I'm liable for what they do with the form. Who you send a (APA) with the description of document not filled out?
My answer is "No" They talked to me like I was crazy and making a big deal out of nothing. What would you do?

Reply by Arnold Mclellan on 3/16/12 1:29pm
Msg #415145

When it happens always ask for copy of first page of mortgage and the orginal acknowledgement / most of the time request is sent fia fax or e-mail/ working together eliminates future errors lol

Reply by Lee/AR on 3/16/12 3:57pm
Msg #415162

So, you're saying that the name on the mortgage...the name you ID'd (!!!) is incorrect.
And now they want you to send an APA with a different name...one you did NOT ID (!!!) and date it for today--when these folks did NOT appear before you nor sign anything.

You are so right to say a resounding "NO".

Reply by MikeC/TX on 3/16/12 5:24pm
Msg #415171

I don't see how you can legally do this without having the signers physically appear before you again and having them present ID in the name that is supposed to be on the acknowledgment.

It's possible that you transcribed something incorrectly when putting their name on the original acknowledgment - we all make mistakes - but it's not something you can "fix" by just sending them a corrected acknowledgment - it has to be redone, and you're right to tell them no.

As far as the dates are concerned - unless your state laws require that an acknowledgment be actually signed in front of you (most don't), there's no problem with the the difference in dates as long as your notarization shows the date they appeared before you. All they're doing is saying "yes, that's my signature"; in most states, it doesn't matter when they signed it. Many of us have notarized acknowledgments a year or more after they were originally signed. The key here is their personal appearance before you on the date you notarize the signatures.

Check your state notary laws to verify whether acknowledgments are required to be signed in front of you; if not, it's not an issue.

Reply by JanetK_CA on 3/16/12 6:43pm
Msg #415182

Did they fax you a copy of the offending page to prove the error? That's the first thing I would do. If they're not willing to do that, then I would be extremely suspicious of the request.

I agree with the other comments up to this point.

Reply by VT_Syrup on 3/16/12 6:51pm
Msg #415185

Alabama does not seem to have a notary manual from the Alabama government. This makes it hard to decide if you are allowed to correct a certificate after the signing is over. Even if it is allowed, you would have to convince yourself that when you met with the signer the signer proved to you that they were known by the name the company wants you to use, the signer signed using the name the company wants you to use, and the signer wanted to use the name preferred by the company for this transaction.

Also, although it is often abused, a notary should attach a loose certificate to the document with at least a staple, so the company would have to send the original document to you so you can attach the certificate.

Reply by Susan Fischer on 3/16/12 7:31pm
Msg #415192

"I'm liable for what they do with the form." Bingo! n/m

Reply by desktopfull on 3/16/12 10:41pm
Msg #415212

The very fact that they want you to back date is enough of a

reason to say NO! That's illegal in any state.

Reply by LKT/CA on 3/17/12 8:15pm
Msg #415270

I would require the company to fax a copy of the error. Unless and until they can prove there was an error on MY part, then there's nothing more to discuss. JMHO