Posted by Notary Signing - Premier Mobile on 11/3/12 7:03pm
Msg #442023

New Signing Agent

Hello,

I took the Mobile Signing Agent class last year, and I had my first 2 signings last week. I am completely stumped. I took an experienced Signing Agent with me, but I think I need more experience in knowing about the documents and what I should and should not do.
I have questions about the Deed and the Note. Should you notarize or acknowledge either of these documents if they do not have a preprinted space to notarize or acknowledge? I have an Acknowledgement stamp.

Should I automatically do an oath/swear in before I begin the signing to save time and should I get the borrowers fingerprint before I begin as well?

Also should you fill in the legal description on the deed if it is sent to you blank?

Reply by BrendaTx on 11/3/12 7:10pm
Msg #442024

I read this and thought that it might be from a bored person who wanted to troll a little bit. I cannot tell. Please do not be offended. I really am puzzled.

Not to diminish the efforts of a genuine seeker of knowledge, here is my answer.

1-Read your notary handbook. That will answer a couple of your questions.

2-Start reading this board every day. Read 50+ archive posts a day. Start at the beginning (Msg# 1) and work forward. Read everything that is posted on a daily basis, if you can. Just read.

Reply by ToniK on 11/3/12 7:37pm
Msg #442029

What class was this? What did you learn in it? And did the "experienced" signing agent tell you anything?

Im just curious on that.

Reply by dgd/CA on 11/3/12 7:48pm
Msg #442030

?????? Please expound.... n/m

Reply by Claudine Osborne on 11/3/12 8:41pm
Msg #442037

Re: ?????? Please expound....

Do you have any experience besides taking a training class??? In Va I do not believe that fingerprinting is required..How experienced was the person you went with? I would like to know what do you mean by " I have an acknowledgement stamp"? Do you add acknowledgement to documents if there isnt any?

Wow..NSAs in VA this is your competition..

Reply by ToniK on 11/3/12 10:05pm
Msg #442064

She based in Newport News

Va is a big state...No competition in NoVa. lol

Reply by Clem/CA on 11/3/12 8:42pm
Msg #442039

Um er ahh DOT is an Ack and note is non notarized. Get a thumb print not a finger print.... try the right thumb first! The legal description thing was probably a page break to show where to insert the legal description. If I filled one in it would say "Take a right on State street, near the Jacaranda tree, take your first left at the house with the red paint. The subject property is the one with the lawn jockey and weeds in the yard....... Have you ever had on a chicken outfit and carried a cardboard sign? Have you asked for a refund on the class? Was your "experienced signing agent" experienced with signings or a part of The Jimi Hendrix Experience? Inquiring minds want to know!

Reply by CopperheadVA on 11/4/12 6:33am
Msg #442085

The Note is indeed notarized in VA - SOMETIMES

Some notes have a notarization block, some don't. I have no idea why some do and some don't. If it has one, I notarize. If not, I don't.

Thumbprints, or even a journal, are not required in VA.

Reply by bfnotary on 11/4/12 2:38pm
Msg #442135

Re: The Note is indeed notarized in VA - SOMETIMES

I have only done just over 240 loans now, but not yet have I seen a note to be notarized. I may someday, not sure. But not as of yet anyways.

Reply by CarolF/NC on 11/3/12 8:50pm
Msg #442043

Re: Here are my responses

I took the Mobile Signing Agent class last year, and I had my first 2 signings last week. I am completely stumped. I took an experienced Signing Agent with me, but I think I need more experience in knowing about the documents and what I should and should not do.
I have questions about the Deed and the Note. Should you notarize or acknowledge either of these documents if they do not have a preprinted space to notarize or acknowledge? I have an Acknowledgement stamp.

I empathize with you. The classes tell you what the documents are, not what to do with them if they come to you incomplete. If you are receiving documents which are not complete go back to the signing service or lender or title company that contracted with you and ask them what you should do. Sometimes documents need to be redrawn, sometimes you can write in missing information. It would help to know what state you are in. Laws differ by state.

Should I automatically do an oath/swear in before I begin the signing to save time and should I get the borrowers fingerprint before I begin as well?

That depends on your state rules. I record my journal and then I swear in for the entire signing. For example "Do you swear that you are signing these documents of your own free will, that your responses are true and correct so help you God and do you understand that you are under oath for the duration of this signing." There are many variations of an oath, so check your states book for requirements. You may also be able to affirm in place of swear. Some states require an oath for each and every document. You may also want to call your Secretary of States Notary Division for help with that.

Also should you fill in the legal description on the deed if it is sent to you blank?

Again, I say call the company that contracted with you and ask them.

Good Luck. There is a lot of on the job learning.

Reply by CarolF/NC on 11/3/12 8:52pm
Msg #442044

Re: Here are my responses

Sorry I missed the VA part.

Reply by Linda_H/FL on 11/4/12 8:31am
Msg #442098

This is the only thing that's an absolute given

"Also should you fill in the legal description on the deed if it is sent to you blank?

Again, I say call the company that contracted with you and ask them. "

No, don't call the company - unless you're in Louisiana where notaries are an entirely different breed of animal with far more power than we'll ever see, the answer to this question is an absolute, resounding NO!!! Notaries/SA's are not responsible for completing the legal description on the DOT/Mortgage/Deed, etc etc.

Reply by NVLSlady/VA on 11/3/12 8:59pm
Msg #442046

LaKitta, You definitely need to contact Bryce Hall - Quick! She's down that way and trains VA notaries.

Reply by ToniK on 11/3/12 10:13pm
Msg #442065

lol Michelle....Im really curious to hear what class she took because that class seriously failed her and the "experienced" notary....WOW!!

Reply by Buddy Young on 11/3/12 9:34pm
Msg #442059

Re: Well, Well, Well

There is no training out there that can prepair you for all the situations you encounter, that's why this forum is so valuable. We talk about the unusuall and the new things we encounter.

The dot and the note are notary basics or noraty 101.
You never notarize the note. The dot requires an acknowledgement but that,s not your decision to make, that's upl. If it was missing you have to contact SS and ask them to send you a corrected copy. If you took an experienced notary with you, I'm wondering just how experienced this notary was. You must read this forum starting from the begining to learn everything you can.

Reply by Shoshana/AZ on 11/3/12 11:51pm
Msg #442071

Buddy, too bad there is no spell check on this forum.

You really need to proofread your work! LOL!

Reply by JanetK_CA on 11/4/12 12:36am
Msg #442074

Re: Well, Well, Well

And be aware that "never" and "always" are dangerous words to use in our business. Certainly there are some situations where they do apply, but not notarizing a Note isn't one of them. I'd say "hardly ever", but I have seen a very few packages where the lender requested the Note be notarized, probably on docs from another state.

Reply by Buddy Young on 11/4/12 12:38am
Msg #442075

Re: oops n/m

Reply by CopperheadVA on 11/4/12 6:37am
Msg #442087

Buddy you are WRONG for VA

<< You never notarize the note. >>

We DO notarize the Note here in VA. It is not always requested, but about half of them have a notary cert and half don't. I have no idea why. If it has a notary certificate, I notarize the Note. If it doesn't have one, I don't.

Reply by Linda_H/FL on 11/4/12 8:29am
Msg #442097

I'm going to take exception to this statement too

"The dot and the note are notary basics or noraty 101."

No they're not - notary basic cover NOTHING about loan docs...

And I agree - NEVER say never or always - things blur across state lines...not to mention the variations from lender to lender.

Reply by CopperheadVA on 11/4/12 9:41am
Msg #442105

Re: I'm going to take exception to this statement too

Here in VA, Navy Federal has a notary certificate on the Note for its bi-weekly payment loans. On Navy's regular monthly payment loans - no notarial certificate on the Note. I have no idea why some Notes have it and some don't.

Reply by 101livescan on 11/4/12 1:16pm
Msg #442127

Re: Well, Well, Well

NEVER SAY NEVER, especially in this biz. Just last Friday, I notarized set of Louisiana refi docs for a gentleman working in SB for extended job on oil platform.

His note required notarization. It is the first Conventional note I've ever notarized in my NSA career, although I've notarized a couple of notes for HARD MONEY loans.

See? There are exceptions to the rule. Also, I had a notary try to tell me dating the note actually invalidates the document. Not true. I've signed a lot of loans where the DOT and NOTE are dated, especially these days. Theyare brokered loans.

So there are always departures from the way we've typically done things.

Reply by CopperheadVA on 11/4/12 6:48am
Msg #442088

LaKitta, I would NEVER fill in a legal description - why would you ever want to take responsibility for that. What if you do it wrong? I recently had one where the TC wanted all sorts of last minute changes to page 1 of the DOT - they wanted me to change the name and address for where it was sent back to after recording, they wanted me add a property ID number, they wanted about 5 different changes and I told them no - please change on your end, scan to me and I willl print it out. I did not want to be responsible should I make an error or if they told me wrong, but then it's MY writing on that document.

I swear people in at the beginning as soon as they sign my journal (journal not required in VA). I really like the oath that CarolF/NC posted. I like it better than mine and I may start using it with a minor tweak. Years ago when I first started, I used to give people an oath for every jurat but it became cumbersome during the signing. Then someone here on NotRot pointed out that when you go to court, they swear you in ONCE, not on every question - that was a *duh* moment for me and I started doing the oath at the beginning.

Reply by CarolF/NC on 11/4/12 7:44am
Msg #442090

Re: Thank you Copperhead

For mentioning that you do sometimes have notarizations on Note. That is what is confusing about this forum. You have to be talking with someone in YOUR state and there are so many different rules, forms, procedures. You could really go wrong taking advice from someone in another state. And I was told by a notary in NC that I needed an oath for each document; however, I do other notary work and had to swear in 4 people for 100 plus documents so I called my Secretary of State Notary Division and was advised one oath as long as I state they are under oath for the completion and/or signing of all documents or concluding this procedure etc. is sufficient and that I also could administer one oath at the same time to multiple persons. Oh Thank You SOS NC ND for that bit of information which you will not find in a manual anywhere.

Reply by JanetK_CA on 11/4/12 5:49pm
Msg #442162

OK, here's a case where "never" would apply, imo

Yes, way too much liability. I wouldn't touch the legal description. But you could call your client and ask them to send a copy to include with the DOT. This is another area of laziness on the parts of many people. This should "always" (here we go again) be included with the DOT, but it very often isn't. They say their SOP is to add it at the end, but that's a very bad SOP, if you ask me!

Reply by Richard Kreis on 11/11/12 8:45pm
Msg #443018

Hello, I did not see Carol F./NC oath but have heard about it. If possible, can someone (if not Carol F./NC) please repost it. Thank you

Reply by MW/VA on 11/4/12 8:39am
Msg #442099

Hi, LaKitta. As least you recognize that you're stumped &

need more knowledge dealing with loan docs. Unfortunately, it doesn't sound like the person you refer to as an "experienced Signing Agent" knows what they're doing either.
I remember that when I got into this I realized very quickly that I didn't know what I was doing, and took the initiative to get more training before I went any further.
I don't know what kind of class you took, but the training material that is available here on NR is about as good as it gets. Also, go the the VA SOC site & download a copy of the latest Notary Handbook. Then follow the forum, use the orange search button to search topics, and read, listen & study, study, study.
Your area is in need a good competent NSA's, so I encourage you to become the best that area has to offer! Good luck! :-)

Reply by VT_Syrup on 11/4/12 8:53am
Msg #442103

New signing agent: legal description

To properly prepare a legal description, two licensed professionals are needed. First, a land surveyor to properly describe the parcel, which might look something like:

Beginning at an iron pipe in the Town of Newtown, County of Fairfield, State of Connecticut, at the northerly edge of Town Highway 11, thence S 00°12' a distance of 24 feet, more or less, to the centerline of Town Highway 11, thence....

Next, a lawyer to decide if the land surveyor's description is the best one to use, or if it is better to stick to some older description, and also to decide exactly where to put it in the deed and whether any introductory words need to be added.

Obviously this is far outside the competence of a notary, unless the notary also happens to be a land surveyor and a lawyer.

Reply by Edward Cooke on 11/5/12 10:54am
Msg #442226

Re: New signing agent: legal description

OR a Louisiana notary