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Re: "Legal Description"
Posted by  PAW Notary Services of FL on 12/8/04 12:38pm Msg #13011
>>> I just did a closing where the entire page with the heading "legal description" was BLANK :P

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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Messages in this Thread
 What do you do when documents are wrong? - Serina/VT on 12/6/04 7:13pm
 Re: What do you do when documents are wrong? - CaliNotary on 12/6/04 8:00pm
 Re: What do you do when documents are wrong? - Mortgage Closers of San Antonio - Kenneth C Whitton Jr on 12/6/04 11:02pm
 Even HUGE mistakes may be left "as is" ... - Bobbi in CT on 12/7/04 12:06pm
 Re: Even HUGE mistakes may be left "as is" ... - Serina/VT on 12/7/04 12:16pm
 Serina, where are you... - Maureen/nh on 12/8/04 7:47am
 Re: Serina, where are you... - Serina/VT on 12/8/04 8:25am
 Re: Even HUGE mistakes may be left "as is" ... -  PAW Notary Services on 12/7/04 2:03pm
 Re: Even HUGE mistakes may be left "as is" ... - Bob-Chicago on 12/7/04 4:26pm
 "Legal Description" - Bobbi in CT on 12/7/04 7:24pm
 Re: "Legal Description" -  HisHughness on 12/7/04 10:50pm
 Re: "Legal Description" - sue on 12/8/04 7:33am
 Re: "Legal Description" - Maureen/nh on 12/8/04 7:45am
 Re: "Legal Description" - Serina/VT on 12/8/04 8:28am
 Re: "Legal Description" -  PAW Notary Services on 12/8/04 12:38pm
 Re: "Legal Description" - Serina/VT on 12/8/04 1:36pm
 Re: "Legal Description" - Terri - CA on 12/8/04 8:17pm
 Re: "Legal Description" -  PAW Notary Services on 12/8/04 9:54pm
 Re: "Legal Description" -  PAW Notary Services on 12/8/04 10:08pm
 Re: "Legal Description" - Serina/VT on 12/9/04 5:22am
 Re: "Legal Description" - VA757Notary on 12/16/04 8:29am

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