This issue has been covered so many times, but here is my response, yet again.
According to FL statute, and the interpretation of it by the FL AG, SOS, ASN, and my own legal adviser, a document is not considered complete without all referenced attachments being "attached". ("Attached" does not necessarily mean physically attached, but included in the document package.) That being said, FL Statutes (F.S.A. 117.107(10)) specifically prohibits a notary notarizing the signature on a document that is not complete or contains blanks, with one single provision.
As for borrowers not knowing their legal description, most here do because everything is based on the legal description, whether it be meets & bounds, or lots & blocks, because a copy of the survey is generally required to be validated (by a new survey or affidavit) whenever there is any transaction concerning the real property. Considering that just about every refi mortgage that I've done, has a survey affidavit in it, when I call to confirm the appointment, I tell the borrowers that in addition to copies of the ID, we will probably need to know their insurance agent/company name and address as well as their survey. Then, when we get to the docs in question, including the legal description for the mortgage, all information is readily available. |
