Posted by jnew on 5/16/12 12:43pm
Msg #420996

deed in lieu notarization

I did a deed in lieu of fcl last september all according to hoyle. I get a letter from the grantor's attorney yesterday. Signer deeded to bank and bank called him afterward to take possession of condo. Turns out that last month, bank forecloses against him and condo assn sues him for past dues. Lawyer wants bank and MYSELF to defend his client against the two actions. Apparently because I was the one who presented the documents to him. I sent atty a letter of refusal today. This is scary though. The new age of mortgage lending suggests that in case of a problem, join everyone. I can only imagine the esoteric legal theory he is operating under, since I am not an atty. I remain confounded by his logic. Any similar experiences in the forum?

Reply by MW/VA on 5/16/12 12:47pm
Msg #420999

I'm not understanding. Why would you refuse to testify? You witnessed the signing of the deed in lieu. Granted, it was out of your hands after that. IMO he can't be sued for foreclosure or the past-due condo fees, since he wasn't the owner after he deeded it back to the bank.

Reply by jnew on 5/16/12 12:56pm
Msg #421003

I didn't explain it well. The letter was a threat (demand). He has not started a court action, but wants me to accept liability for the bank's screw-up. I definitely will not ignore a court action if summoned.

Reply by MW/VA on 5/16/12 1:09pm
Msg #421006

I understand. Sounds like he's looking for

someone to hang it on, and your role as a notary was just that. They often don't understand that we're not involved in the transaction. Maybe he thought you were an employee of the bank???

Reply by Linda_H/FL on 5/16/12 1:26pm
Msg #421008

Re: I understand. Sounds like he's looking for

" IMO he can't be sued for foreclosure or the past-due condo fees, since he wasn't the owner after he deeded it back to the bank."

Yes he can if the foreclosure wasn't handled properly and all parties in interest were not foreclosed out. They may also be pursuing a deficiency judgment - not sure if the deed in lieu relieves the mortgagor of that liability.

JNew...it does sound like they're tagging everyone in line who touched the paper, but I'd suggest turning this over to your attorney....he will probably suggest putting your bond carrier and your E&O carrier on notice.

Good Luck.

Reply by MW/VA on 5/16/12 1:30pm
Msg #421010

Yes, Linda, you work for an attorney & would probably have

a better take on a situation like this. I'm always careful to only give a personal opinion (IMO) that won't be construed as legal advice, yada, yada, yada. LOL :-)

Reply by Diedra/TX on 5/17/12 12:31am
Msg #421072

Re: Yes, Linda, you work for an attorney & would probably have

Personal opinions? I was told that even personal opions could be constrewed as legal advice. I have made a habit of not opining on the numbers anyway, but just curious. Could someone actually 'misconstrue' personal opnions for legal advice?

Reply by jba/fl on 5/17/12 12:56am
Msg #421073

I would think so....

We all know the opposite sex has selective hearing (no matter which sex you are) so it stands to reason any opinion can be misunderstood, and the words out of the borrowers mouth would be, "She said......."

Reply by ikando on 5/17/12 7:47am
Msg #421082

Re: I would think so....

Reminds me of those people who come into my tax accountant husband's office and tell him, "Joe Blow next door said..." Hearsay is hearsay.

Reply by MW/VA on 5/17/12 9:00am
Msg #421089

To prove that point, take the example of what I posted & how

it was misconstrued. LOL :-)

Reply by Linda_H/FL on 5/17/12 7:25am
Msg #421080

I believe Marilynn was referring to the fact that her

responses in this forum are her personal opinions on the topic at hand - not giving her personal opinions to signers.

And to answer your question, yes, people who are in a bad situation and want out of it will construe things however they want so that it looks best to/for them...giving an opinion about *anything* the signers are signing will, more than likely, be reiterated as "but the notary said .... ", not as "but in the notary's opinion..." In fact, we shouldn't even be giving signers any reason at all to quote us on anything - except maybe "what a gorgeous day!" or "man it's raining/snowing like crazy out there!!"

JMO

Reply by Lee/AR on 5/17/12 11:34am
Msg #421105

jnew...please let us know how this works out n/m

Reply by jnew on 5/17/12 12:33pm
Msg #421108

has had my response for two days...so far, so good. Thanks n/m