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Posted by  PAW Notary Services on 12/8/04 12:38pm
>>> I just did a closing where the entire page with the heading "legal description" was BLANK :P
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If the legal description is blank, and the mortgage reads that it is "attached and made a part hereto" (or words similar to that), how could you notarize the mortgage?
In FL, and many other states, you cannot notarize a blank or incomplete document. I have been told (by a retired attorney {not Hugh}), if a document references another document as being attached and/or made a part of, then the attachment must be present and not blank in order for the document to be notarized.
We have that problem a lot with title companies because they are used to attaching the legal description at the end. Unfortunately, mistakes do happen and the wrong legal description gets attached to the mortgage and recorded that way.
I know many of you will say that it's not our job to ensure the legal description is correct. I agree, however, it is prudent for the borrowers to ensure that it is correct. I always present the legal description to them to ensure that the correct property is being mortgaged. |
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