***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?***
I am not notarizing the mortgage, I am notarizing that the borrowers signature as an ackowledgement that the signing was their free act and deed. As quoted from 27 V.S.A. 341 an " acknowledgement means to admit, affirm, declare, testify, avow, confess or own as genuine. Notaries as notaries do not acknowledge; they take acknowledgements, meaning that they certify that an individual has acknowledged that an act of signing a document is his or her free act and deed. "
While I agree having an incorrect despcription or NO description is a no no on the title companies part, I am not paid to proof their docs. I am paid to make sure the borrowers sign in all the right places and return the docs to them. If the borrowers choose to sign a document that is incorrect or missing descriptions then that is their choice and not my place to offer them legal advice.
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