Posted by NVLSlady/VA on 10/11/13 3:11pm
Msg #487792

Note Correction

"cornfused" here . . .
*Email from Title: Attached is the Note for a VA closing. The lender is requesting that the notary cross out the notary section of page three and initial it, indicating that this section is not used.

(I perform the action . . . scan/send)

*2nd Email from TC: I received a call yesterday from the lender stating that they actually want the original Note to be corrected. In addition to the correction that you have already made, the lender is requesting that you actually cross out the entire notary section.

Email *TO* TC from Michelle: I am somewhat confused by the lender's request. I have never altered a lending document/form, and in the past have always sent the separate ack when the note wording did not conform to notarial statutes. I am glad to initial the original form, but shouldn't the lender be the one to "cross out" or strike through what is unacceptable on their own form? A "correction" implies that an error was made. Who made the error?

*TC responded: Will find out and get back you, thanks

Reply by HSH/WA on 10/11/13 3:38pm
Msg #487797

Re: Some of these people either

don't know what they are doing or are trying to be a PITA. I have one that wants me to add a date I missed on a previously notarized doc, but she wants me to sign it while having another notary witness my signature??? Me filling in the date and signing it as notary with my stamp is too easy I guess.

Reply by Notarysigner on 10/11/13 4:33pm
Msg #487802

Lender/TC threw away my attached CERTIFICATE on a errors and omission DOC because "they didn't want the extra piece of paper!"...........their's was not Calif compliant.

Oh well, Another one I won't be working for!

Reply by ToniK on 10/11/13 5:15pm
Msg #487807

OH My!!! n/m

Reply by NVLSlady/VA on 10/11/13 5:29pm
Msg #487809

I remember reading of the compliant stamp some use on docs. Wonder if this would have sufficed?
(of course, if they're just going to "throw away" the extra paper referenced, oh well)

Final word is: Someone has to talk to team lead, who needs to bring up to mgr . . .

Reply by MW/VA on 10/11/13 9:26pm
Msg #487826

That's a new one. I've never heard of them requesting

that the notary language on the Note be crossed out. There's been a lot of previous discussions about whether we can legally complete that wording or not.

Reply by NVLSlady/VA on 10/11/13 9:43pm
Msg #487831

Re: That's a new one. I've never heard of them requesting

<"There's been a lot of previous discussions about whether we can legally complete that wording">

That's what I wrote back to them; it seems like UPL to me to alter a document. Somehow they still feel the need to send back orig (probably will want a new ack, too) - but they're not going to get anything "crossed out"

Reply by ToniK on 10/11/13 10:42pm
Msg #487837

Hope they paying you for another signing and your time.

They want all these changes Id bill them for each minute I wasted on that request.

Reply by Carole Breckbill on 10/12/13 7:38pm
Msg #487906

I'm confused. When does the signature on the Note require notarization?

Reply by NVLSlady/VA on 10/12/13 8:17pm
Msg #487907

<<"When does the signature on the Note require notarization?">>

When an ack or jurat is attached - which means Never; so generally if only the standard wording ("certify this is the note secured by . . .") appears, we need to attach our own loose certificate with compliant wording. I've seen N/A used by a few lenders in this case. Others just word differently so borrower signs and we move on

Reply by Linda_H/FL on 10/13/13 7:25am
Msg #487916

Correct me if I'm wrong, but that paraph at the end of

notes is not a notarial cert - it's a certification that the note is for property described in the security instrument. I'm not sure you CAN attach an ack - they're two different acts - the ack notarizing the signers' signature and the paraph certifying that the note is for property secured by the <<whatever instrument>>.

JMO

Reply by NVLSlady/VA on 10/13/13 3:32pm
Msg #487961

Re: Correct me if I'm wrong, but that paraph at the end of

absolutely true, Since our powers are limited to taking the acknowledgment - not certifying. BUT . . .

the separate ack seems to pacify them (do they even get that the docs say 2 entirely different things?!)

So, should I "cross out" that section as lender wants??

Reply by Linda_H/FL on 10/13/13 7:46pm
Msg #487987

If it's the paraph like I think it is

no - *I* wouldn't cross it out - let lender alter their own docs....

Nor would I send an ack for it - the ack doesn't apply.