Posted by Barb25 on 2/5/13 9:11am
Msg #454062

Citimortgage

Yesterday I did a signing for a Citimortgage refi.. I used to do a number of Citimortgage refi's when I was in NY but cannot remember seeing any since I have been back in FL. There was no Name/Signature Affidavit in the package. For any of you who do these regularly, my question: is this typical?

Many years ago, when I was in NY, same lender, the borrower insisted her signature was first initial and last name i.e., J. Doe in lieu of Jane Doe.. Her driver's license showed that. She said that was her legal signature. Social Security card, everything. Would not sign otherwise. That was how she signed. I got my very first Quality Issue. She should have signed a Name/Signature Affidavit. The problem: None in the package. Go figure.

BTW, this was not an issue yesterday. Just asking if it was typical with Citimortgage. Strange.

Reply by LMS on 2/5/13 10:28am
Msg #454067

Surprisingly, very typical.

Reply by FGX/NJ on 2/5/13 10:49am
Msg #454070

I carry generic Same Name Affidavits with me. Comes in handy sometimes.

Reply by Barb25 on 2/5/13 11:39am
Msg #454073

An excellent idea, really. Who would think we are supposed to add to the lender package?

Reply by Clem/CA on 2/5/13 11:43am
Msg #454074

Not your job to make the decision to add a doc to a package. UPL

Reply by FGX/NJ on 2/5/13 11:50am
Msg #454076

Not UPL any way shape or form.

Reply by Matt_VA on 2/5/13 11:53am
Msg #454077

Agree with Clem. Might be practicing law....

Reply by Barb25 on 2/5/13 12:07pm
Msg #454081

Supposed you called TC and explained the situation?

And asked if you could have them sign one. I was told in my case in 2007, I should have added one. And I agree, and still do, by the way, it is not my job/place.


UPL... I don't know. Anybody else? Good question. You could ask lender team to send one. What would be the difference?

Reply by VT_Syrup on 2/5/13 12:47pm
Msg #454090

Re: Supposed you called TC and explained the situation?

Of course it depends on the state, but deciding to add a document in a real estate closing* is practice of law. If the document wasn't supplied, who is going to draft it? The signing agent? More practice of law.

*Closing refers to a fairly extensive process including title search, issuing title insurance, and dispensing funds; the appointment the signing agent has with a borrower is only part of it.

Reply by Barb25 on 2/5/13 2:10pm
Msg #454109

Re: Supposed you called TC and explained the situation?

To my question, You call the TC, explain the situation. You ask if they can send a Name aff or you say you have one inyour arsenal. Can you have it signed and sent to TC. What about that?

Reply by Barb25 on 2/5/13 2:10pm
Msg #454110

Or, what should you do? n/m

Reply by Yoli/CA on 2/5/13 2:58pm
Msg #454124

Re: Or, what should you do?

Send copy of DL to show their customary signature. If they require a Name/Signature Affidavit, guess that's another trip and another fee for notary.

Reply by jba/fl on 2/5/13 4:47pm
Msg #454141

As Yoli said.

I would no more add a document to the package than I would remove a doc I didn't like from the package. This would be UPL.

Where did you get your law degree? TC experience? all this self-importance?

This is one of those times I am horrified at what I am reading.

Reply by Barb25 on 2/5/13 6:58pm
Msg #454167

Re: As Yoli said.

"Where did you get your law degree? TC experience? all this self-importance?"


Is this rant direected at me? What set you off?

What are you talking about?

Reply by jba/fl on 2/5/13 7:25pm
Msg #454177

Re: As Yoli said.

Not a rant. An observation. Not at you alone.....take a piece of paper, make 2 columns. Label one column UPL comments, the other Not UPL. Place each commenter under one of the headings, or the other. Note: you are not alone in the UPL comments.

Next, look at the number of people in each column....note that it is close to 50%.....50% clearly thinking they are more than just a notary, hence, self-important. Where is the law degree, tc experience? No replies to that.

Sorry you took offense - it was meant as a learning moment, and not the least malicious. I have also noticed a lot of incorrect information on the forum lately and the blind are leading the blind somewhat. Everyone is up in arms and can find little humor in their mistakes which equates to thin skins.

I will leave you to yourselves and hit my head against the wall in the future. But I won't tell you.

Reply by Barb25 on 2/5/13 7:45pm
Msg #454184

Re: As Yoli said.

I did not make an UPL comments. This was a tossing around of a situation that could come up. In my case did 6 years ago. I probably should have called the TC immediately. And with less experience that I have today, just sent the package back and got Quality Issue. Which of course I never should have gotten. Another story.

Someone mentioned. We should have these on hand. Obviously not a good idea. No one, NO ONE, NO ONE is doing this. However, if this were to happen to me again, I would call the Title Company. And say "What do you want me to do?" The issue for me? I want to get paid. End of story. The ball is in their court.

That is what this forum is or shoulld be about.

It was just interesting that the same lender, still no Name/signature affidavit. Strange.

I still do not know whether it is truly UPL. But it does not matter. It is clearly not a good idea. Further, it is up to the TC to decide what they want do about it. It is not the notary's problem to resolve. In my opinion, having the form would have only been a service anyhow. (Even if it were a good idea, which we have determiined it is definitely not!)


After years on the forum, I do not get offended easily. I have skin like an armadillo. However, I cannot see where anything I said provoked that response or horrified you so. Or was that the learning moment?

A soft wall please.

Reply by VT_Syrup on 2/5/13 4:31pm
Msg #454138

Re: Supposed you called TC and explained the situation?

If you have one in your arsenal that is generic, like what you might find at an office supply store, you send it to the TC and ask if they would like to use it, that MIGHT be OK. I'd feel safer if the TC had a lawyer who was a member of the bar in my state on staff. Or, I'd feel safer if the TC was the one that asked me if I had a generic signature affidavit available, rather than me suggesting it to the TC.

Reply by Barb25 on 2/5/13 7:02pm
Msg #454170

Re: Supposed you called TC and explained the situation?

This is all academic. And actually it was only a problem for me once. It just came to mind yesterday when I had a package without a name/signature affidavit. First time since, that I can remember. However borrowers signed as they were supposed to so there were no issues. Fortunately.