Posted by Erwin/CA on 1/15/13 11:19am
Msg #450494

Affidavit of Non-Identity

Did a signing for a couple recently and there was an Affidavit of Non-Identity form in the package that was completely blank. I didn't have the borrowers fill it out as it can't be completed without the form being filled out. Signing service called and asked me to go out and have the borrower complete and sign it and the signing service guy filled out the form before sending it to me. Signing service said I should have just had the borrower sign it and notarize it and Escrow would fill it out when they got it. Not legal in California. Then he said I should have called him at the table to get instructions. I went back and had the borrower sign the completed form and Faxed it and FedExed it and the are docking me $15.00 to pay for the FedEx. In the future, I will call for instructions but the signing was conducted at 8:00pm and the signing service is on the East Coast so I assumed nobody was there at 11:00pm. What would you have done?
Erwin

Reply by emilysigns on 1/15/13 12:01pm
Msg #450513

hmmm....I always like to go through packages prior to the signing so I can address anything like this before I get to the signing table. Of course, in an imperfect world, that isn't always possible. I haven't seen this form, so I am not certain what I would have done in your shoes. I always do call and leave someone a voicemail, just to say I tried.

At this point, I would ask this gent to give you specific instructions for future signings in the event it happens again. Make sure you jot down his name just in case his instructions aren't universally accepted by other quality control folk.

Reply by Shan/CA on 1/15/13 3:09pm
Msg #450554

I personally won't sign a blank doc just like I won't sign a doc if I haven't read it. Wonder if your borrower would have even been willing to sign it!?

Reply by GOLDGIRL/CA on 1/15/13 5:06pm
Msg #450586

Never heard of an Affidavit of Non-Identity, but in any case, you're right, Erwin: It is totally illegal in CA to notarize a signature on a blank document. As to what I would have done; had I seen the docs in time to contact the SS back East I would have called. If not, I would have left an e-mail or called to alert them as to the problem after the signing. I also would probably have called at the signing table just in case, never expecting anybody to answer the phone at 11 p.m. but ya never know. Does it say anywhere on their signing instructions that you are to call from the signing table no matter what time?

So anyway, here you are today ... you made a separate trip out to get the doc signed (after they filled it in this time), and they're still docking you for FedEx, which is beyond chintzy. It's downright infuriating.

So I would send these guys an e-mail, stressing:

1. It is illegal in CA to notarizae a signature on a blank document and that it should have been filled in by the lender or escrow prior to the signing.

2. Point out that they did fill it out before they sent you the second time. (This proves the sloppiness and laziness on their part.)

3. Ask them if they really answer the phone at 11 - 11:30 p.m.

In any event, it appears you're screwed at this point, and only you can decide if you want to work for these guys anymore. If it were me, I'd dump them in a second, given what you've written. I've dumped plenty of SSs for a lot less.

However, lesson learned. Always contact whoever, no matter what the time and let them know what's going on so that it's on the record. And e-mail them immediately after the signing to let them know about any problems. That way you're covered.

Reply by JanetK_CA on 1/15/13 8:30pm
Msg #450614

Curious about other states...

Is there ANY state where it's legal to notarize an incomplete document?

I just don't get the point of having a document signature notarized if some bit of info is to be filled in AFTER the signer has seen it. But yet I frequently see documents that are designed that way. I wish I had a buck for every time I've heard "Oh, the [so and so] will fill that in later" or "they won't have that information until" [such and such happens].

Clearly, the document designers don't understand the point of having a signature notarized, but few others seem to give it much thought, either.

Reply by VT_Syrup on 1/15/13 8:43pm
Msg #450619

Re: Curious about other states...

The Vermont notary public law has only this to say about how notaries carry out their duties:

"Every notary public is empowered to take acknowledgements, administer oaths and affirmations, certify that a copy of a document is a true copy of another document, and perform any other act permitted by law."

It's anybody's guess about when, or if, an incomplete document may be notarized.

The law may be found at

http://www.leg.state.vt.us/statutes/sections.cfm?Title=24&Chapter=005 (§ 441-6)

Reply by Shelly_FL on 1/16/13 7:00pm
Msg #450723

If BO does not know the info to fill in the blanks and

Refuses to call their LO for instruction, I call the hiring party. At the very least, I suggest they use NA, TBD, Unknown or place a dash to show nothing was inserted when signed. They decide what is appropriate, then it gets notarized. Sometimes I will note in my journal that the BO had to supply their own Legal Description, attached survey or whatever.