Posted by sigtogo/OR on 10/5/12 1:25am
Msg #437252

Chase wants marital status added to ack on DOT

late night rant: Having a DOT with marital status already printed is bad enough but now they are instructing me to add marital status to my ack or the deal may not close. seriously? how the heck would I know his,her,their marital status? I am not identifying marital status I am identifying a person. good grief.

did my first signing today with the lovely new Chase notarization verification form. TC added a new one also asking for most of the same info except the form was pre-filled with list of docs but I got to write all my personal and commission info twice! double the pleasure, double the fun....

Reply by JanetK_CA on 10/5/12 2:22am
Msg #437254

Yikes! Will it never end??

Seems to me that there may be some folks out there who are running scared or over-reacting or just plain don't get what a notarization is supposed to be. Or maybe it's all of the above??

Reply by 101livescan on 10/5/12 9:55am
Msg #437281

Re: Yikes! Will it never end??

Aren't we just getting a little tired of Chase overengineering our jobs? Lordomercy me.

Reply by Signerbill on 10/6/12 11:02am
Msg #437420

Packages keep growing

I have done JPMC files for years and watch them grow and grow. ??? direct relationship with del. time (bigger the file - later the delivery). I would guess their team of lawyers are doing make work. Last night I had 3 name/sig. aff in one file, and there are others. All were a little different but titled the same. You have to ask why JPMC files are 140 pages with some fax-backs and Quickens are 90 and JPMC buys Qs loans from time to time?

Reply by Teresa/FL on 10/5/12 7:40am
Msg #437263

I always cross through and initial the marital status if it has been included in the notarial certificate, even on Chase loans where there is a warning about it needing to be there so it will record.

I had a closing a couple of weeks ago where the title vesting on the first page of the mortgage showed the borrower as a single man and the TC had added this status to the notarial certificate. The problem was, he was no longer a single man. The TC was not requiring a QCD to correct his marital status and add his wife to title (it was an investment property refi.), there was no way I was going to leave the marital status in the notarial certificate or even correct it to say "a married man."

I think what they really want is for the names in the notarial certificate to match the names shown in the title vesting.

Now if the signature line said "John Q Public, a married man" and that is what he signed, I might be persuaded to include that in the notarial certificate. In Florida, we can include capacity in our notarial certificates and I might be open to expanding that to include marital status if it is actually shown on the signature line and signed that way as well.

The statement about the Mortgage not recording unless the marital status is included is baloney.

Reply by SharonMN on 10/5/12 12:45pm
Msg #437319

Are you perhaps dealing with a Minnesota title company? Any ack on a doc signed by a husband and wife must by law include the phrase "husband and wife." I just ask the couple to verbally confirm.

Reply by Marian_in_CA on 10/5/12 7:34pm
Msg #437372

"Any ack on a doc signed by a husband and wife must by law include the phrase "husband and wife.""

Is that a state law or a title company requirement? If it's a title requirement, it makes me wonder why anyone is letting a TC dictate to a notary what to put in their notarial certificates. They can't do that.

If it's a state law, then under what authority are you actually certifying that they are actually husband and wife?

Reply by VT_Syrup on 10/5/12 8:24pm
Msg #437376

If I had to take an ack on a Minnesota property for a married couple, I suppose I could write,

Before me, VT_Syrup, personally appeared John Doe and Mary Roe, known to me by satisfactory evidence to be the persons who subscribed the foregoing instrument, and acknowledged to me THAT THEY ARE HUSBAND AND WIFE and executed the instrument as their free act and deed.

That way husband and wife is the acknowledgement as something they said, not something I'm certifying.

Reply by VT_Syrup on 10/6/12 9:03am
Msg #437414

link to law

Minnesota Statutes Section 358.14, "MARRIED PERSONS", may be related to this thread. It says:

"No separate examination of each spouse shall be required, but if husband and wife join in and acknowledge the execution of any instrument, they shall be described in the certificate of acknowledgment as husband and wife; and, if they acknowledge it before different officers, or before the same officer at different times, each shall be described in the certificate as the spouse of the other."

It may be found at https://www.revisor.leg.state.mn.us/statutes/?id=358.14

Of course, it is found in Chapter 358, "SEALS, OATHS, ACKNOWLEDGMENTS", which is about how those acts are done in Minnesota. It is not at all clear that it applies to notarial acts performed outside the state, even when the document is to be used in Minnesota.

Reply by VT_Syrup on 10/6/12 9:13am
Msg #437415

link to another law

Minnesota Statutes 507.24 RECORDABLE, WHEN. states, in part,

"If the conveyance, power of attorney, or other instrument affecting real estate is executed out of state, it shall be entitled to record if executed as above provided or according to the laws of the place of execution so as to be entitled to record in such place."

This casts doubt on the idea that an out-of-state notary must include the words "husband and wife" in a deed for Minnesota property.

Reply by sigtogo/OR on 10/6/12 12:17pm
Msg #437425

OP NOT about Minnesota!!! Oregon signing, OR property

I have seen the husband/wife in acks from a variety of national title companies but many deals from the same title companies without anything but names in the ack. I am of the firm belief that I should follow my state laws not the laws of other states. IMO, if title, lender, whoever, wants something in the docs about marital status they should have the signers execute an affidavit as to their status.
In my most recent case, BO was signing individually, the DOT said nothing about status in the vesting so I am certainly not going to add something about status in my ack.
(sorry if I sound crabby--I am still irked about no notice of cancellation for signing today that I only learned about by contacting borrower.)

Reply by Yoli/CA on 10/6/12 4:15pm
Msg #437434

Re: OP NOT about Minnesota!!! Oregon signing, OR property

Donna: You're absolutely correct. You must adhere to your State's mandates regarding your notarial certificate/verbiage. You, the notary, are ultimately responsible for that notarization - not Title, not lender, not SS.

JMHO