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 Statement of Information Form - Confidential Info

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T O P I C    R E V I E W
Melcolbert Posted - 12/30/2012 : 6:27:22 PM
Had a signing for an unmarried couple (1 male, 1 female) and the male objected to the depth of information requested, questioning how it was relevant to this new loan? He was reluctant to provide historical data and could not recall exact dates. He finally agreed to sign the form, although it was technically incomplete (he completed only information that he knew he had already provided on other docs). Then his female partner complained that the doc was geared toward married people and she didn't want to sign his form. She suggested that she would complete a separate copy, and I agreed. So, while they did not sign the same form, they each signed a form individually. Is that OK? I hope so. Also, is it really legally necessary for them to provide historical information in order to get their loan? Their credit scores are very high, I cannot imagine the loan company questioning their qualification.
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esnotary Posted - 02/25/2013 : 8:14:32 PM
The questions asked on this form are personal and it is vital to a smooth transaction and for your protection that they ask the very questions they do.
You are purchasing or selling real property on which a title insurance policy will be issued. Because the title company issues a policy insuring your title and rights to the property, your personal information is used, in confidence, to determine whether the
property is affected by various matters such as judgments, income tax liens, bankruptcies, etc. Unless the title company can clearly determine through their search of the public records, that there is only a similarity of names, and no other relationship, matters of public record may cloud the title to your property or your interests in the property and affect the nature of the title insurance coverage.
Even the most unusual names are surprisingly common in the United States. In California questions arise concerning your spouse due to California's Community Property Laws. The answers to those questions, and the others, help us sort out you from those with similar names.
The more completely you supply information on this form, the quicker and more efficiently the title company can provide the title policy and related services.

Melcolbert Posted - 01/30/2013 : 12:03:57 PM
Thank you, Tamra for your explanation of this form. I always feel uncomfortable when I do not know the reason for things, especially forms I am asking people to sign. The information and advice from professionals on this forum makes it an invaluable resource.
tamra Posted - 01/29/2013 : 1:02:41 PM
Statement of information is a way for the title company to ensure you do not owe any monies to other people ( Back child support, spousal support, maybe someone sued you and you now owe them money, your business went under and you owe other people money etc.) They start by running your social security number to ensure you have no outstanding debts. If you do, these items have to be taken care of as part of the transaction. For example, if a person owes back child support, this will show up and they will be forced to take care of the back support that is owed. If they refuse to pay the back support then the transaction will not close. The addresses and places of employmest, previous marriages etc are used as additional information should someone with a similiar name have debts. I worked in an escrow office and had the title company call me so I could call the borrower/buyer to see if they ever owned a business in another state. They did not own a business in another state so the title company included an affidavit that the borrower had to sign before a notary stating this business debt was not theirs.

Tamra D Mode
Melcolbert Posted - 01/16/2013 : 4:03:14 PM
Thanks Ken for the good advice I will apply in the future. I did write a note of explanation and included it in the package. I guess I lucked out this time because I never got any backlash. Nevertheless I will take your advice and avoid making judgement calls.
edelske Posted - 01/04/2013 : 10:50:19 AM
As a notary I PRESENT forms and ask they be completed and signed. I don't wonder if they are necessary as the answer will vary with the receiver and their "mood" that day. Your problem is best handed "up the chain of command" to the Loan Officer, Title or Escrow (if you can determine who originated the form. If not, Loan Officer. The LO, not you should deal with any reluctance to sign or complete a form. YOU just don't know the answers (neither do I) and notary "guessing" is one of the quickest ways to the Courtroom. "Is it really legally necessary" is something to ask an attorney - you are asking for a legal opinion - way above the skill set and "pay grade" of us notaries. PASS THE BUCK - the folks higher up the food chain are the ones to handle situations similar to the ones you describe. I would not have agreed to separate forms - that is a "higher authority" decision. If you can't reach anyone else - what you agreed to is fine. Better to get some sigs and info rather than nothing. Take good notes and notify higher up ASAP with plenty of details to save YOUR paycheck!

Kenneth A Edelstein
Mobile Notary, Apostille / Legalization Processing & Fingerprinting
http://www.kenneth-a-edelstein.com



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