Posted by Barb25 on 5/3/12 11:11am
Msg #419749

My Fellow Florida notaries

I need the benefit of your knowledge. Have had lots of situations but this one is knew to me. I don't want to lock horns with TC/lender if I don't have to of course. I received docs where the Mortgage acknowledgement is already completed as follows (names and date of course changed)

State of Florida, XXXXX County
The forgoing instrument was acknowledged before me this xxx x, xxxx by JANE DOE, SURVIVING SPOUSE OF JOHN DOE, WHO DIED JANUARY 1, 2000.

who is personally know t me or who has produced ______________________as identification.


I just called the TC and said I have to either cross out the surviving spouse stuff and initial or they have to send me another Ack with just the borrower name as that is who I am IDing. Any comments. I was doing a search and I see some people have different ideas. Thanks.

Reply by Barb25 on 5/3/12 11:14am
Msg #419751

Re: My Fellow Florida notaries - This is a HELP rush BTW n/m

Reply by Barb25 on 5/3/12 12:43pm
Msg #419757

Hmm. Thanks. I have a call

into the TC and am waiting for a call back. I am hoping it is as simple as okay Barb, just cross it out or we will send a new page... it is a software issue. I just want my ducks if a row if that is not the response I am going to get. Do I go ahead and leave it as is or not... Am I doing any harm, I don't know the circumstances. Yes it does come from the vesting on page one of the mortgage. The first person I spoke to says that is what they want. I don't know why they should care what the notary acknowledgement block says. Afterall she is not signing all this info. She is only signing the mortgage with her name.

I am just anticipating worse case scenario. I went thru a situation in the past with a formerly known as where the borrower had nothing in that name and by the way nothing on the loan was in the formerly know as name so what was that all about but it did get ugly for while. I don't want that to happen. Maybe I am just overreacting. I hope. I need to win the lottery.

Thanks for your input and the "shoulder to cry on"

Reply by Teresa/FL on 5/3/12 1:45pm
Msg #419763

I've had some interesting issues with names lately too

I had a short sale signing where I was signing the seller only.

She purchased the property before she was married, so her ID, which showed her married name, did not match how her name was shown on the documents. An additional complication was that her first name was incorrectly spelled on the documents and was how her name showed in the county property records.

I let the title company know that I had to notarize her signature with her current last name as shown on the ID and we came up with "Gwyn Ann Jones FKA Gwyn Smith AKA Gwynn Smith" and that is how she signed all the documents. The only name I put in the certificate was Gwyn Ann Jones, they did not insist on all the other language being in there. I could have inserted "who represented to me she was" right after her name, but the TC was fine with only her current name.

Reply by Barb25 on 5/3/12 2:51pm
Msg #419767

Re: I've had some interesting issues with names lately too

Bless their little hearts

Reply by Linda_H/FL on 5/3/12 11:43am
Msg #419752

I would presonally line through that language.

Just like I lined through the "a single woman" in my cert last night.

That being said, if they insist I leave it I don't think I'd refuse to notarize providing all other ducks are in a row, like ID and such.

Reply by HisHughness on 5/3/12 11:59am
Msg #419753

An alternative is to insert "represented to me as the" before "surviving spouse." In that fashion you get in capacity without the notary certifying it.

Reply by Teresa/FL on 5/3/12 12:32pm
Msg #419756

I always line through and initial this type language

and have not experienced any "push back" from a lender or TC.

Most times this is a software issue where the information from the vesting on page 1 of the mortgage is copied over exactly to the notarial certificate. Occasionally I see the information handwritten, but I still cross it out.

Reply by Barb25 on 5/3/12 12:59pm
Msg #419758

Okay it seems like all my craziness is unnecessary

I just got a call back from the TC. Just cross it out....

I get a little paranoid.... I realize that. However, after all these years I find it much better to get these things straightened out beforehand. What is that they say (whoever the heck they are): An ounce of prevention is worth a pound of cure. I think in this case is was my Irish Grandmother.

Thanks again,
Barb

Reply by Linda_H/FL on 5/3/12 1:32pm
Msg #419760

True..but sometimes that ounce of prevention

raises issues that just cause more trouble..sometimes questioning just leads to more grief.

I've learned that when I'm prepping the package, I just prep the cert to comply with Florida law - without a call to title/ss - I do it MY way according to my laws (unless it's a Provident loan, then you KNOW there's a problem, though I think it's been said that can be resolved with a loose cert). I don't contact title/ss unless there's a huge, glaring problem with the notarization (no ID, wrong names, etc etc).

In any event, glad you got it resolved.

Reply by Barb25 on 5/3/12 2:12pm
Msg #419764

Re: True..but sometimes that ounce of prevention

You are so right.

In this case, Past experience made me believe that I might get some flack. But I was wrong. I was told that a closer would get back to me and my call was returned by a reasonable and knowledgeable person and all was good.