Posted by lindetteh_PA on 11/20/12 7:07pm
Msg #444184

Re-Acknowledging a Mortgage

I was contacted to do a single doc signing and was sent a Mortgage that was signed and notarized a few months ago and a P U D rider that was never signed. The directions state to have the rider signed and Re-Acknowledge the Mortgage and attach APA. I'm pretty sure this is not allowed so I called for clarification and SS said it's absolutely legal because borrowers will be re-signing under their original signatures. I will be pulling out the handbook on this one. What are your thoughts?

Reply by Linda_H/FL on 11/20/12 7:09pm
Msg #444185

Completely acceptable.

It's called you're being paid to go out and fix title's error - they forgot the PUD Rider - so now have to re-record the mortgage.

Get it acknowledged again (they don't have to sign it) - do a current cert, get the rider signed and return with bill...collect your fee.

Nothing wrong with this.

Reply by lindetteh_PA on 11/20/12 7:17pm
Msg #444187

Re: Completely acceptable.

Linda, I have done what you have explained {no new signature} I guess my hairs went up when the directions said RE-Acknowledge. I told the SS that I would send her the section of the PA. handbook that explains new signature on Mortgage is not necessary but she said Lenders wants them to sign Mortgage again.

Reply by VT_Syrup on 11/20/12 7:41pm
Msg #444194

Re: Completely acceptable.

No reason they can't re-sign as well as re-acknowledge. When I went to a SOS sponsored notary forum, the lawyer and former Deputy Secretary of State who was presenting it suggested that whenever a signer wants to acknowledge a signature that wasn't signed in the notary's presence, the notary should have the signer re-sign so the notary can be sure he/she signed it. It isn't mandatory, but it's allowed.

Reply by Reliable1 on 11/21/12 7:26am
Msg #444240

Re: Completely acceptable.

I completely agree. They have to personally appear in front of you, but the re-signing is optional. If you look at the wording of the acknowledgment certificate, it says they acknowledge signing the document. Good for you - making sure by checking with others.