Posted by KarenVentura on 2/25/13 9:29pm
Msg #457817

Signing in my home

We just refinanced a property we own in Florida and the Notary came to the house at 4:30 today. I was like good, I want to see how she handles things. Well a couple of things I want to know if tey are ok - or not. (I am still learning)

1. She notarized several pages, but never put the date etc on each one. I figure she will finish filling it out later. She did only one journal entry that we signed and did one thumb print, but she did not write what the Doc was.
2. After we were done she said she will take the docs to her "partners" so he can sign as the witness. Also, she will mail tomorrow after he signs. We were a bit concerned about this.
3. She went thru the HUD in detail and the Note in detail. She went over our rate, closing costs, escrows and payments.

We are in California.

Reply by 101livescan on 2/25/13 9:36pm
Msg #457819

You should have provided the witnesses. she should have completed her journal at the time of the notarizations. She should also have noted the documents she was notarizing. Witnesses need to see you sign the document, if they were not present, how could they be witnesses.

You should call her up and set her straight. What was her name? You can PM me if you would prefer not to go public iwith it.

Reply by CarolF/NC on 2/25/13 9:47pm
Msg #457824

CA has had a busy day with improper loan signings. Wow n/m

Reply by Marian_in_CA on 2/25/13 10:07pm
Msg #457830

Wow....

Yup, sounds like she did a few things wrong. Definitely see if Cheryl can help, as she will likely be closest to you.

Reply by CarolF/NC on 2/25/13 10:47pm
Msg #457832

If docs are signed in CA do they need a witness? n/m

Reply by KarenVentura on 2/25/13 10:54pm
Msg #457834

Re: If docs are signed in CA do they need a witness?

Also, is it required to cover the previous signers in the journal? My hubby made a comment about a previous signer. He said to her wow Joe has a big thumb print.

Reply by Marian_in_CA on 2/25/13 10:58pm
Msg #457835

Re: If docs are signed in CA do they need a witness?

Covering the previous entries isn't something that's addressed, but IMO, any decent notary with a couple pieces of paper and some paperclips can easily come up with a method to cover previous entries. That's what I do. I use a piece of colored paper that is folded specifically to the size of each journal entry, so I fold it to cover any visible entries and paper clip. Simple, cheap and easy.

Reply by GOLDGIRL/CA on 2/25/13 11:39pm
Msg #457840

Re: If docs are signed in CA do they need a witness?

No it's not required as far as I know, but for privacy's sake cover previous entries. People love to "snoop" at other people's stuff, but then they don't want people to snoop at their stuff later. I use those big Post-it sheets of paper so they're easy to reposition as the journal page fills up.

Reply by Lee/AR on 2/26/13 2:51am
Msg #457846

Maybe. On Deeds only, FL is a witness state

State Witness Requirements (as determined by PROPERTY LOCATION) 2008
--------------------------------------------------------------------
CT - 2 witnesses on deeds of conveyance, one can be the notary
1 witness required on a mortgage
FL - 2 witnesses, one may be the notary - DEEDS ONLY (F.S.A 695.03 & 689.01)
GA - 2 witnesses, one may be the notary (GA Code - Title 44 § 44-14-33)
LA - 2 witnesses, CANNOT be the notary
SC - 2 witnesses, one may be the notary

Reply by desktopfull on 2/26/13 9:50am
Msg #457872

This was a FL property & yes many need witnesses, notary can

be one the other must not be related to borrower's.

Reply by desktopfull on 2/26/13 9:53am
Msg #457874

One question for you though,

you are a NSA in CA and yet you let this person perform your own closing improperly and illegally, why?