Posted by Barb25 on 1/27/13 2:40pm
Msg #452502

A simple Loan Modification - Oh No.

2 signatures 2 notarizations. Coming to meet me. How much easier does it get? 5minutes or less
Well, it seems the borrower unmarried when she took title, got married, changed name, got unmarried, kept married name. Terrific. I have a document in the unmarried name, and an ID in the married name. Aha, but Florida covers this right? I am confused. It happens to me sometimes. I don't get a lot of these. Like none. Maybe one other in 12 years. But ah, Linda. She will help me. Please be home. And she was... And she knew exactly what to do.

The point. And most important. Thank you LindaH. Bless you.

Second point. Every time you think you have a "bluebird" as they call it in sales. Be careful because it usually ends up taking a xxxx on your head. No free rides. LOL.

Now I don't know if Wells Fargo is going to like the alteration of their document but they knew all of this according to the signer. So, at least we were able to accommodate the signing

Reply by Linda_H/FL on 1/27/13 3:17pm
Msg #452508

My pleasure - glad I could help, Barb. :) n/m

Reply by Malbrough_LA on 1/27/13 3:33pm
Msg #452510

Sorry, I just found this. I've been taking naps on and off all day. (Stuffy head, stomach aches, chills...o boy)

You could have fixed it the way we do this in LA I'm guessing. When I draft something for the situation you described it's as follows:

Before me, the undersigned notary public, duly commissioned and qualified in the Parish and State aforesaid, personally came and appeared:

John Q. Doe, a domiciliary of the legal age of majority of XYZ Parish, Louisiana, having been married twice, first to Jane A. Doe, born Smith, deceased, and second to Gertrude B. Doe, born Arbuckle, with whom he is now living under a separate property regime pursuant to a Matrimonial Agreement, duly recorded in the public records of XYZ Parish, Louisiana, and whose permanent mailing address is declared to be 123 Anywhere, XYZ Parish, LA 54321.

Not sure if FL law allows you to do this or not though. As such my suggestion may be of absolutely no assistance.

But for the bluebird, as I'm now older, I always wonder if Uncle Remus REALLY like that bluebird on his shoulder...

Reply by Barb25 on 1/27/13 4:17pm
Msg #452524

Well, foremost, I hope you feel better.

Second, and I say this with humor that I hope you will appreciate. I am glad Florida did not make me write all that because I did not have enough room. LOL. Florida was much shorter.
WF would not allow an additional loose certificate... at least that was the instruction and being a Sunday, no one to call. But it is nice to know LA has a provision for someone who has an ID not matching due to marriage or unmarriiage as the case may be. Thanks for sharing it.

Lastly, the bluebird.

Get better

Reply by Malbrough_LA on 1/27/13 4:37pm
Msg #452531

Thank you! You put a grin on my face :) n/m

Reply by MikeC/TX on 1/27/13 5:14pm
Msg #452540

Must be nice to live in Louisiana and be able to use common sense to solve a problem....

Anywhere else, though, drafting such a document on our own would be UPL. We are not even allowed to decide if a jurat or an acknowledgment is required - someone with a law degree has to tell us, even if they don't understand the difference between the two...

Reply by CarolF/NC on 1/27/13 4:39pm
Msg #452533

Out of Curiosity...what did you end up doing....

do I understand you changed the name on the document to match ID? confused. What is FL law regarding ID matching the document?

Reply by Linda_H/FL on 1/27/13 4:48pm
Msg #452536

No - we don't change the name in the doc

Our acks or jurats in this situation read as follows:

" Acknowledged (or subscribed and sworn to) before me this 27th day of January, 2013, by Jane Marie Doe, who represented to me that she took title as Jane Marie Smith, and provided <<whatever ID>> in the name of Jane Marie Doe as identification"

Reply by CarolF/NC on 1/27/13 4:56pm
Msg #452537

Thank You n/m

Reply by Barb25 on 1/27/13 5:16pm
Msg #452542

Re: No - we don't change the name in the doc

Reply by Malbrough_LA on 1/27/13 10:40pm
Msg #452600

This is why...

we charge the fees in LA we charge. Consider the following examples I have saved on my PC from actual documents I've had to draft in addition to the paperwork I receive via e-doc (No one outside LA ever complies with our laws....):

S Q. B (SSN: xxx-xx-xxxx), vested owner and Borrower, a domiciliary of the legal age of majority of Livingston Parish, Louisiana, married but once and then to H S. B, born maiden name, whose permanent mailing address is declared to be 123 Country Road, Denham Springs, LA 70726, dealing herein with his separate property under his separate administration and control, the said H S. B, non-owning spouse and non-Borrower, intervening herein to acknowledge that the property mortgaged is her husband's separate property, the mortgage secures a promissory note signed by her husband as Borrower, and to waive any homestead exemption rights from seizure she has or may have in the property.

Don't get me started on interdicts for PoA's or emancipated minors...TOO LATE:

B P. B (SSN: xxx-xx-xxxx) and P J. B, born <maiden name> (SSN: xxx-xx-xxxx), both domiciliaries of West Baton Rouge Parish, Louisiana, each having been married but once and then to each other and residing together in community, whose permanent mailing address is declared to be 123 Cancer Lane, Port Allen, LA 70600; the said B P. B being of the legal age of majority, and the said P J. B being a minor, age 15, emancipated by marriage, mortgaging her interest in the community property described herein by authority of an Order of the district court a certified copy of which is duly recorded in the public records of West Baton Rouge Parish, Louisiana.

Now, have I ever seen these? Yes. Have I ever seen a lender, LO, or whomsoever drafts the paperwork comply with this? RESOUNDING NO! Do I still have to comply with it for legality purposes? Y-E-S. Hence, SS, quit complaining that you can find a cheaper notary. Sure you can, but will it be recordable in LA? Probably not. TYVM, I know what I'm doing. /step off soap box.

[apologies everyone, but this burns my a** more than anything else. I studied my butt off for my test and passed for a reason! Yes, it's that hard here.]