Posted by Shoshana/AZ on 11/27/12 3:41pm
Msg #444768

A question about survey affidavits.

I do understand that in some parts of the US, people actually have surveys. My experience goes only as far as NY, CA and AZ. NY has them because a couple from Albany, NY (snowbirds) brought one to their refi signing which took place here in AZ. Otherwise in 10 years, I have never seen one.
The type of survey affidavit I am referring to is one that has specific verbiage mentioning the survey of the property. I always call on those because some clauses mention the "attached survey" and others don't. The response that I get is to have them line through and initial the clauses that they can attest to. This is a document which has a jurat cert on it. I followed instructions when I conducted the signing. Today I got a call from the LO that the title co. says they can't cross out and initial on this document. Has anybody else ever had an issue with this?

Reply by VT_Syrup on 11/27/12 3:53pm
Msg #444770

I can't offer any suggestion about whether there should have been changes on the affidavit for your signing.

I'd expect a survey to be more likely for a purchase than a refi. Title companies usually exclude from coverage anything that would be revealed by a survey. So if the old survey says 2 acres and the new survey says 3 acres, the buyer is certainly going to want to use the new survey and make sure that is what the title company is insuring. Also, in my state, if a legal description mentions a survey (after a certain date) and the survey isn't recorded together with the deed, the deed can't be recorded. (It's also acceptable if the survey was recorded before the deed.)

Reply by C. Rivera Chicago Notary Services on 11/27/12 4:16pm
Msg #444781

I've seen more and more of these with refi's...

There are two types that I've seen:

1. indicates that the BO have received a copy of their survey, and

2. the other indicates that they are entitled to one.

Them signing the latter is just so that they've acknowledged receiving the Survey Aff (disclosure).

The 1st survey aff should have the survey attached, and if not, I have the BO call their LO at the table to discuss what they should do i.e., to sign or not to sign, or indicate on the Aff that they've not received their appraisal.

Survey affs, for whatever reason, are not being included in most refi's that I've seen. Depends on the TC and Lender though.

Same is said for the Appraisal disclosure.

Reply by Pat/IL on 11/27/12 4:32pm
Msg #444784

Surveys are conducted in all states. Since they can be expensive, the requirement for a new survey each time property owners refinance a mortgage is typically waived. In order to waive the survey requirement, the survey affidavit is used to find out if there have been any changes to the property that might be discovered in a new survey.

Such changes might include a sale of part of the land, or a permanent structure (fence, gagage, etc.) built on the property, since the last survey was conducted. Chances are, the last survey was conducted when the owners first acquired the property, so they would know of any changes since that survey. If there are any changes, such as a fence built near the property line, it is likely a new survey will be required (unless the lender is willing to accept a title policy subject to a possible encroachment upon neighboring property.)

I don't know the context in which the "attached survey" is mentioned in the document you are looking at, so can't speak to it unless you care to type out the entire clause.

Reply by Ronnie_WA on 11/27/12 4:44pm
Msg #444786

So they are instructing you to tell the borrowers to lie under oath and you participate in the lie by saying they have sworn under oath that this is true? .... They gave you that in writing no less?? Some of these folks just haven't got a clue. I would very diplomatically point out, in writing, that this is what they are asking of you. They will back off immediately. I always have the borrowers note, "no survey attached", initial it and then sign the document.

Reply by Shoshana/AZ on 11/27/12 4:50pm
Msg #444787

That's exactly my point! n/m

Reply by Beverly Kinlaw on 11/27/12 5:22pm
Msg #444792

Re: That's exactly my point!

I know the form you are talking about where it says about "copy of survey attached".
Have not seen it in a while the "copy of survey....part" but I think before the borrower
wrote n/a on it.
Have not known of a refi case where a survey was done but generally when the property was purchased survey, of course, was done.

I think that what you did, Shoshana was appropriate at the time.

Reply by OR on 11/27/12 5:27pm
Msg #444795

Re: I always have borrowers put a ...

I alwayhave the borrowers just put a "?" mark in blank spot. Sometime they have book and page I have tnem put a "?" in both blank spaces. It leaves room for some one elce to add information later if needed. However the borrowers and title knows the borrowers did not know what to put there. Never have had one come back on me.

Reply by BrendaTx on 11/27/12 6:17pm
Msg #444802

Thoughtful suggestions in these threads (Survey Affidavit)


Legal Description (Exhibit "A") is required
Posted by PAW of FL on 6/15/07 4:35pm Msg #195395

Re: Exhibit "A" Please Advise
Posted by PAW_Fl of FL on 12/1/05 1:35pm Msg #79620

Re: Example of "harmless" Blank
Posted by PAW Notary Services of FL on 9/1/04 9:05am Msg #7126

Re: Affidavit of survey matters
Posted by PAW of FL on 11/27/06 9:00pm Msg #162371

Reply by CentralNY on 11/27/12 6:23pm
Msg #444804

Survey Affidavit

in a refi a survey affidavit basically says that because it is a refi, the bank did not resurvey the property and you have not made any substantial changes to property, easements, encroachments, etc. since purchase of the property. i have never seen anything about a "copy of the survey" in the affidavit.