Posted by GOLDGIRL/CA on 4/18/13 6:46pm
Msg #466281

DOT question...

Scenario:

DOT ends on Page 6 of 7. Immediately below last of DOT verbiage is an ack that includes borrower's preprinted name. Immediately below that is the borrower's signature line.

Page 7 of 7 has an identical ack and nothing else.

Which ack would you use?

My thinking is use the one on the same page with the signature even if it is above the signature line ..... or is that even an issue? Still, it's weird ...

P.S. Don't suggest calling lender cos they're idiots (as proved by loan docs).

Reply by ToniK on 4/18/13 6:54pm
Msg #466282

Well my state laws say the notarial certificate has to be on same page as signature. So I would do the one on the same page

Reply by CopperheadVA on 4/18/13 7:04pm
Msg #466285

Toni, that changed in 2008

That "same page" thing became effective in 2007 and was changed in 2008 - since 2008 the notarial certificate in VA is allowed to be on a separate page, but if it's on a separate page then the names of the persons who's signature is being notarized must be included in the notarial certificate.

Reply by MW/VA on 4/18/13 8:02pm
Msg #466289

Yes, and I'm glad they got away from the "same page" thing.

It was a PIA for loan docs. I also always make sure that the page of notarizations is marked "page 2-Signature Name/Affidavit--Jane Doe", for instance. That way there's no chance it could be attached to something else. I don't like those "floating" notarization pages.

Reply by NVLSlady/VA on 4/18/13 10:30pm
Msg #466303

Bet I'm not the only VA notary who just had a mild

CORONARY! We're all hear to learn . . . even our TOP producers

(we might need to share on VNN)

Reply by NVLSlady/VA on 4/18/13 10:56pm
Msg #466305

honestly, I shouldn't post after 10:30 est! "Here" to Learn n/m

Reply by ToniK on 4/19/13 5:59am
Msg #466310

Re: Toni, that changed in 2008

Well in the handbook, it states "every effort should be made to have notarial statement be on same page as signature..." So my wording of saying it "has to" is wrong but I do make an effort to have my notarial statement on same page. And as Marilyn does I add the title of the document to my notarial page if its not already listed. Just like Marilyn I don't want my statement to be attached to something it's not intended for.

Reply by NVLSlady/VA on 4/19/13 7:09am
Msg #466313

Re: Toni, that changed in 2008

Yes, I look for the Title header on the doc if ack/jurat on p. 2. If not there, I have written as you say; I will be mindful in future to double-check.

That's what I meant by "coronary." Sometimes feel berated as a newer agent - and don't need the extra stress of making more mistakes (heaven forbid

(Also see the VNN - What Would You Do? - post; need your feedback)

Reply by LKT/CA on 4/18/13 7:36pm
Msg #466288

BO's signature goes BEFORE a notarial certificate. I would line thru the ack that is before the signature and use the one that is after his/her signature. And watch....<with my luck> the ack before the BO's signature line happens to be the compliant one and the other one on page 7 isn't....HA!!

Reply by docs2go/ca on 4/19/13 12:12pm
Msg #466352

Ditto!

Reply by 101livescan on 4/18/13 10:06pm
Msg #466298

I give...both?

Reply by GOLDGIRL/CA on 4/18/13 10:12pm
Msg #466299

Verrrry funny, 101!

Actually, good idea, Lisa. Thanks!

Reply by GOLDGIRL/CA on 4/18/13 10:14pm
Msg #466300

P.S., Lisa: Both acks are CA compliant, amazingly enuff! n/m

Reply by JanetK_CA on 4/19/13 3:09am
Msg #466309

Re: Verrrry funny, 101!

I think I've run into that one once before, too - and handled it the way Lisa suggested. I've never seen that issued addressed in writing, but it makes sense to me that if we're notarizing a signature, it should come before the notary certificate. It doesn't feel right for it to be the other way around and doesn't make any sense to me. I never heard any feedback about it one way or the other.