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Urgent: Can a GRANT DEED be notarized if "Grantee" missing?
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Urgent: Can a GRANT DEED be notarized if "Grantee" missing?
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Posted by BrotherOwner on 4/15/13 12:36pm
Msg #465762

Urgent: Can a GRANT DEED be notarized if "Grantee" missing?

Don't have doc available, but that is my understanding of doc. Grantor sig to be notarized, no grantee. Comments please.

Reply by DaveCA/CA on 4/15/13 12:39pm
Msg #465766

Not in California...No blanks allowed n/m

Reply by BrotherOwner on 4/15/13 12:55pm
Msg #465772

Re: Discussion?

NOT an attorney here, and don't have one to ask, so looking for more input. My guess is an incomplete document granting property rights not acceptable anywhere?

Reply by Marian_in_CA on 4/15/13 1:00pm
Msg #465773

That's not *entirely* true...

Per the workbook, we are told that there are times when blanks or incomplete information is allowed...


Per page 26 of the workbook:

"...in determining whether the document is complete, the notary public should ignore information that is intended to be added later such as information to be placed on the document by a county clerk or recorder or for additional signers whose signatures are not being notarized by the notary public."


The original poster isn't in CA, though... so I'm not sure what MN says about this.

Based on the original post, it's difficult to know exactly what's going on. He said, "Grantor sig to be notarized, no grantee."

Well... then... you're only notarizing the signature of one of the people, right? I'm assuming the other person's signature will be notarized later? If so, that's perfectly fine... If I'm understanding this right, of course. Sounds like a split signing. Happens all the time.


Reply by DaveCA/CA on 4/15/13 1:03pm
Msg #465775

Re: That's not *entirely* true...

You are correct Marian. Sorry, I shouldn't have assumed anything. I meant the body of the document, like the Grantee.

Reply by Jessica/FL on 4/15/13 1:07pm
Msg #465777

Please expand the question.... n/m

Reply by BrotherOwner on 4/15/13 1:22pm
Msg #465780

I'm researching for another notary, don't have doc available, don't even know what state prop is in. Notary is in MN. According to what I find, even in CA, does not need to be recorded. Can one just line through Grantee name/sig to show they are not present? SHOULD one line through? This is "called" a relocation package. Don't know if there is a GRANTEE yet. So many questions, so little time. Really need legal opinion, but don't think SOS will supply. THANKS for all comments, they are trying to decide if ok to notarize.

Reply by Linda_H/FL on 4/15/13 1:31pm
Msg #465781

Grant Deed does not need to be recorded? Huh??

Since When?

And no - the notary can NOT "just line through Grantee name/sig" - the notary shouldn't be changing anything in the body of the document.

You said a relocation package. Sounds to me like owners have had their job reassigned, must move and a relocation company is going to deal with selling their home for them. They want the Grant Deed signed so when someone finally buys the house and they find out how they're going to take title they'll just plug in the correct names. And that Grant Deed will be recorded after final closing.

Not sure how your friend in MN is going to deal with this. I've seen these done as a closing paralegal in CT - never did agree with them but didn't have to worry about it from a notary perspective. In all honesty, I don't think I would be able to do it here - that's like writing a blank check and yes, technically, the document is incomplete.

Reply by Linda_H/FL on 4/15/13 1:33pm
Msg #465782

Also, in addition...in some states

the Grantee does sign the Grant Deeds...not sure why but I've seen that too - that would require a separate notarization.

Reply by SharonMN on 4/15/13 1:40pm
Msg #465784

Re: Grant Deed does not need to be recorded? Huh??

Yes, Linda H is right. I am not the notary that asked the question, but I ran into the exact same problem once, with someone that was using a relocation company. Essentially, the relocation company doesn't want to take interim title and pay the tax, so they are asking for a blank check deed to be filled in later. If you push back hard enough, they drop it.

In MN the Grantee does not normally sign the deed, just the Grantor.

Reply by BrotherOwner on 4/15/13 1:46pm
Msg #465785

Re: Sharon

Apparently this is the case as you've stated above. I'll pass along everyone's comments/feedback. Can you expand on the "in MN" part?

Reply by SharonMN on 4/16/13 10:42am
Msg #465897

Re: Sharon

On a Minnesota deed, only the Grantor (person selling/giving away the property) signs the deed. The Grantee's (person buying/getting the property) name is printed in the body of the deed, but they do not sign it.

Reply by John E. Rogers on 4/15/13 3:13pm
Msg #465803

Again, if possible, find out who has to sign the doc i.e. whose name is on it to be notarized? If not possible, go there and look for yourself and notarize accordingly (depending upon other factors such as distance, availability of you and signers et al). jer/oh

Reply by John E. Rogers on 4/15/13 2:20pm
Msg #465791

I think it depends upon the specific doc and state; e.g. I have had several where both needed to sign but others for only grantor to sign. Normally, I think, the grantor must write in the grantee's name at least but that person may not need to sign...again, check doc and proceed accordingly. You might also check your state Notary Guide for instruction. jer/oh

Reply by MW/VA on 4/15/13 3:14pm
Msg #465805

In my experience it is the Grantor that is signing, and the

Grantee doesn't really have to sign.

Reply by JanetK_CA on 4/15/13 7:52pm
Msg #465833

Your question didn't leave it clear as to what you were asking and could be interpreted two different ways, as is obvious from the responses. If you're talking about the Grantee being listed as a signer on the document (not something I usually see in my state) but not being present to be notarized, then you just notarize the person who does personally appear and get identified, making sure that no name can later be added to the notary certificate.

However, if you mean that in the body of the document, the name of the Grantee is left balnk, I would not notarize it under any conditions. Someone referred to it being like a blank check and I think that's an apt description. In other words, they're asking the owner to sign their property over to an unknown entity. It amazes me that any company would have that as a standard procedure to avoid a little bit of paperwork and just to make things easier for them. What's to stop some unscrupulous employee from just adding their own name as Grantee? That may be how they "do it all the time", but they would be doing it without me. That would be a pretty flagrant omission, IMO.


Reply by jnew on 4/15/13 10:52pm
Msg #465865

There was always an argument on whether this was a valid deed since there was no consideration ($$) from the ultimate buyer to the original seller. The grantor signs the deed, gets paid and the relocation company markets the property to a new buyer and eventually gets paid by the buyer.

Reply by docs1954CA on 4/16/13 11:10pm
Msg #465997

a n/m


 
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