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LindaH
Florida
1754 Posts |
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edelske
New York
815 Posts |
 Posted - 03/30/2008 : 12:09:58 PM
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Linda,
OMG - we totally agree!
Friends? Always - but I am certain (from your in depth posts) you dont mind getting the tough questions or situations.
I think (with my slightly higher than "normal" fee structure) - that I am coded to receive the more difficult assignments. That is fine with me. But, of course, positioning myself that way leads to very interesting situations - many split signings, "difficult to work with" borrowers; rush/late eDoc, etc.
Thus, I tend to push (sometimes too hard) for concrete solutions to the more complex situations and have little use for "in a perfect world" solutions. Equally possible: I'm just a born PITA naturally.
My "niche" of the market pays well; but expects me to "think on my feet" - especially when helpful advice in not available. It's a fine line - not playing "lawyer" - staying within notary law - and most times sending something back a package that can fund.
My favorite paradox is "explain the docs, but dont give legal advice". I wrestle with this one daily. Usually limiting myself to helping the borrower FIND what they are looking for. The attorneys I have asked an opinion on this feel it would take the wisdom of a Supreme Court Judge to "draw the line" between the two. Nobody has been able to define where explain ends and advice begins to fit real world situations.
The forum will have some peace for a while. I am taking my www.tigermotorhomes.com RV to Busch Gardens (VA) for a few weeks, starting, appropriately enough - April 1st. I will miss the gang!
Ken |
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LindaH
Florida
1754 Posts |
Posted - 03/30/2008 : 11:00:13 AM
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Isn't the property address on your confirmation - along with the contact info for the borrower and the location of the signing? If not you can always ask the people when you call to confirm the appointment - confirm they have the docs in hand and confirm the property location.
To answer your question, if I haven't done the above and get there to find what you describe, absent any instruction from TC in the package and no witness block, I don't witness...period. It would be my impression that title/lender has done their job in drafting the docs and if they wanted witnesses there'd be a place for them.
Sorry this reply took so long - watching NCAA and very distracted .. <G>
Can we be friends now, Ken??...<G>
Linda
www.notarydepot.com/notary/lindah
http://www.notary.net/websites/LindaHubbell
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edelske
New York
815 Posts |
Posted - 03/30/2008 : 08:58:01 AM
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Linda,
Let's make this a bit more "real world". You get the assignment at 7PM from a SS that knows nothing. It's borrower get the docs - and they have them. When you arrive there is no witness section. The property is in "NeverHeardOfIt" county, the state is Utah. What do you do?
Ken |
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LindaH
Florida
1754 Posts |
Posted - 03/30/2008 : 08:36:40 AM
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That's where we'll agree to disagree, Ken...if I get a property-related assignment, I ask the hiring entity where the property is located and, if not FL I ask them to please provide me with information as to witness requirements for that particular state...this not only saves funding issues but also avoids document redraws and return trips...it may not be my SOLE problem but it IS my responsibility to be sure the docs are properly executed. JMHO and my over-thinking nature...:)
Linda
www.notarydepot.com/notary/lindah
http://www.notary.net/websites/LindaHubbell
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edelske
New York
815 Posts |
Posted - 03/30/2008 : 08:07:32 AM
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Linda,
"recording requirement" of whereever.....
When I think there are 50 states with about (total guess follows) thirty counties each = 1500 recording juristrictions - way too much for me to even consider learning the "local rules".
I consider this issue "OPP" (Other Peoples Problems) - that is why I receive about 100$ for a signing and the L/O MUCH more.
Ken |
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LindaH
Florida
1754 Posts |
Posted - 03/30/2008 : 08:00:02 AM
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quote:
Originally posted by edelske
quote:
Originally posted by LindaH
Hmmm....another question I have is "where is the property"? Wouldn't that be the determining factor as to how the documents are signed and/or notarized (or not)??
Linda
www.notarydepot.com/notary/lindah
http://www.notary.net/websites/LindaHubbell
Not for me - I have given up caring where the property is. I just notarize following my state's law. If I am notarizing - Black Ink, date, venue, etc. - first priority is MY LICENSE - everything else a distant second.
Ken
True, Ken, but my thought process was running not so much to the notarization (which is by your state law) as it was to the recording requirement of wherever the property is located (which if not in your home state IMO you really need to heed)...
Linda
www.notarydepot.com/notary/lindah
http://www.notary.net/websites/LindaHubbell
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edelske
New York
815 Posts |
Posted - 03/29/2008 : 9:24:18 PM
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quote:
Originally posted by LindaH
Hmmm....another question I have is "where is the property"? Wouldn't that be the determining factor as to how the documents are signed and/or notarized (or not)??
Linda
www.notarydepot.com/notary/lindah
http://www.notary.net/websites/LindaHubbell
Not for me - I have given up caring where the property is. I just notarize following my state's law. If I am notarizing - Black Ink, date, venue, etc. - first priority is MY LICENSE - everything else a distant second.
Ken |
Edited by - edelske on 03/29/2008 9:25:02 PM |
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LindaH
Florida
1754 Posts |
Posted - 03/26/2008 : 08:05:14 AM
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Hmmm....another question I have is "where is the property"? Wouldn't that be the determining factor as to how the documents are signed and/or notarized (or not)??
"Canada Land Transfer paperwork" and "attorney in Canada" - maybe trying to avoid signature authentication process or Apostilles? Or, maybe getting around the fact that MA is an attorney-only state? Just a couple thoughts.
IMHO If signing just as a witness then that's all I am - a witness...my name under the signature line should be sufficient...no title, and for address I'd put city and state only...I personally wouldn't put my telephone number...
Linda
www.notarydepot.com/notary/lindah
http://www.notary.net/websites/LindaHubbell
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Renee
Michigan
549 Posts |
Posted - 03/26/2008 : 04:39:37 AM
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The potential for problems that I see here, Debbie, depend a lot on some details that weren't provided. MOST IMPORTANTLY, and I really do NOT mean to 'pick on' you but just point something out - you're proud of yourself for having been one of few to 'follow the directions', yet you did something you didn't understand, felt "uncomfortable" with after you did it anyway, and are STILL not clear with it all. I think you're placing too much value in what someone (who may or may NOT know anything) tells you you're worth, without enough value in your OWN knowledge in your own profession.
The other areas of potential problems depend on details that weren't provided: you didn't say HOW you "signed", was it a notarial cert or was it just a witness line? If it was lacking any indication of being a notarial cert and it was truly just a witness line - then what "title" did you place under your witness signature? If you signed as a witness, and it was NOT indicated to be as a notarial act, then certainly your state's notarial statutes wouldn't be called into play. |
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Deborah Bond
Massachusetts
71 Posts |
Posted - 03/25/2008 : 10:23:58 PM
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OK how about Canada Land Transfer paperwork...Had a couple by a week ago, instructions CLEARLY stated that the notary was to sign, and hand write my title, address, telephone and County and state under my name BUT was NOT to stamp or SEAL the papers. I had to read it 4 times and voiced my concern and understanding of what that means IN MASSACHUSETTS. It means it is not done per MASS requirements, I am JUST a witness, not a notary. The couple tried to contact the attorney in Canada but were unsuccessful.
Well I followed the attorney's requirements to the letter...and I got a call a few days later thanking me for NOT stamping as it would have delayed the sale of the property. I told him that I was very uncomfortable with the way the notarization was done and was told "that is how the land transfer is done any thing else that is notarized is stamped and sealed"...I cannot figure it out. But the bottom line is I was the first notary out of 7 who actually read and followed the instructions and will be using me again for work in Eastern MA.
Deborah Bond...
Notary Public
Eastern Massachusetts |
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dfye@mcttelecom.com
New Hampshire
681 Posts |
Posted - 11/21/2007 : 01:37:58 AM
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That does not sound right to me. I personally would never leave a document I notarized undated.
Legal Eagle Para Professional Services |
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n/a
Oklahoma
5 Posts |
Posted - 11/20/2007 : 04:01:11 AM
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| I just had a loan officer with Vanderbilt Mortgage call and ask me to leave the docs undated for his closing when I went to the signing. I told him it was not possible for me to notarize the docs and leave them unsigned and he said "this has never been a problem for me in the past. It this an Oklahoma thing?" It is my understanding I could be liable if not dating. Has anyone had this happen? |
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