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crtowles
California
553 Posts |
 Posted - 03/09/2008 : 01:21:35 AM
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Hi notaryutah, Thank you and it is my pleasure!!
Sorry I am late responding... I have a couple of questions for you. First off did the SS tell you there would be two signers or one? Also did you look over the docs before you went to the closing? I ask these questions because if you get use to asking the right questions upon receiving the job you will more that likely avoid any problems. If you were told that there was to be two signers then you would have confirmed this with the borrower letting him know both parties were to be present. I verify time, place and also make sure that they have current ID. I let them know at that time that all parties need to be present. If the signing service was unaware that it was two signers, if you were able to review the docs ahead of time then you would have seen the other persons name and could have confirmed that both parties would be present. This way you can avoid some of the problems before you walk out the door.
Now with regard to split signings. Usually these are done when one borrower is in one state and the other is in another. But for the most part lenders want everything signed on the same day. I personally would have read the closing instructions to see if there was a lock in place and then made a judgment call based on this information.
There is really no right or wrong answer to this. The best thing to do is gather as much information as possible beforehand.
Carmen |
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vince
Kansas
324 Posts |
Posted - 03/09/2008 : 01:08:51 AM
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| Several times in the past year I've added a set of acknowledgments to papers for a second signer. These were typically overnighted to me from another part of this or other state. In many cases a parent had signed the mortgage and other documents for the property, sometimes for a property of the parent and sometimes for the child. In other cases it was the spouse that was elsewhere. It certainly is more convenient to the borrowers to do it this way - even if it does create a longer rescission period the lenders do not seem to mind. |
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civey
North Carolina
76 Posts |
Posted - 03/08/2008 : 11:07:42 PM
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quote:
Originally posted by jbelmont
Two signers can sign a loan on different days. They each should get their own recission date. The lender may not accept that though. Lenders can be very picky about certain things.
You are correct, but all the HUD charges are tied to the funding date. That's why lenders take issue with different dates and different recissions. It can change the pre-paid taxes, interest, etc.
That is why it would not be wise to have the papers signed on two different days.
Also, what if the spouse decides not to sign? You've just done all the work and the loan won't close. |
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edelske
New York
815 Posts |
Posted - 03/08/2008 : 5:03:33 PM
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Always carry "loose Acks" with you. If the notary section is drawn in such a manner that it would appear a sig can be added after your work - just use one of your loose acks stapled to the doc.
IMHO it is not the notaries job to read the docs and determine what sigs are needed. If the person in front of me has the proper ID - I notarize their sig.
Who else, when else, what else - "It's not for me to say".
Ken |
Edited by - edelske on 03/08/2008 5:05:52 PM |
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jbelmont
California
3106 Posts |
Posted - 03/04/2008 : 11:00:39 AM
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| Two signers can sign a loan on different days. They each should get their own recission date. The lender may not accept that though. Lenders can be very picky about certain things. |
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Renee
Michigan
549 Posts |
Posted - 03/04/2008 : 06:28:09 AM
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Like Mike and Linda, I'd have had the pkg signed regardless, and would've very diplomatically inquired as to the spouse's availability to sign.
If the spouse had to sign another day, particularly when they're non-obligated, it's not (in my experience) a show-stopper for lenders. They just provide the spouse with their own rescission (if applicable). |
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civey
North Carolina
76 Posts |
Posted - 03/04/2008 : 01:06:38 AM
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Maybe, I'm a little off here, but shouldn't both signatures occur on the same day. Dates can be an issue if one signed on one day and one signed on another. The lenders can be funny about that kind of stuff as well as issues with recording. The original poster could have essentially had to do his job twice had the lender/title company, etc. not been in agreement with getting the husbands and then the wifes later. I'm not sure, but the lenders usually require that all documents have the same date on them.
Just my thoughts.
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LindaH
Florida
1754 Posts |
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AZSigner
Arizona
93 Posts |
Posted - 02/27/2008 : 2:37:53 PM
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I would quickly look over the docs before calling to confirm the appointment with the borrower and pay close attention to all the signature lines - particularly on the Deed of Trust. This will tell you for sure who all needs to be present at the signing.
If docs aren't ready (or they're not in front of you because they're being overnighted) I always ask the borrower if he/she is currently married. Arizona is a community property state, so even if the husband is the only "borrower" on a home loan, his wife will almost always need to sign the Deed of Trust to authorize the lien on the property, and I tell the borrower to be sure his wife is present. (And visa versa with the husband if the wife is the only borrower). The only exception is of course if the wife for some reason is not on the property title at all, but that's extremely rare in my experience.
-Mike |
Edited by - AZSigner on 02/27/2008 2:39:28 PM |
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radonotary
Florida
234 Posts |
Posted - 02/27/2008 : 12:52:49 PM
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| Yup!! |
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LindaH
Florida
1754 Posts |
Posted - 02/27/2008 : 06:07:53 AM
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I'm glad for you that the SS agreed with how you handled it...but it doesn't always shake out that way...
IMO..and what *I* would probably have done (based solely on what you posted and absent any other extenuating circumstances) if agreeable to husband was have him sign all the docs, notarize his signature only...then hold the docs and contact SS/TC first thing the next day and explain what happened - that you could only get one signature as wife wasn't there and you had husband sign since you couldn't reach anyone after hours for guidance..they may have had you go back out to get wife's signatures, notarize her signatures (a la a split signing) - in the meantime, by having the husband sign you lessened the risk of them losing their rate and avoided having the docs re-drawn (possibly incurring a re-draw fee)...
"The borrower agreed, but said he did it before with no problems.........another red flag............" - no red flag - he probably had to do a split signing last time - wife signed later..
"According to the NNA I did not FAIL". Beware who you use as your expert resource -
JMHO
Linda
www.notarydepot.com/notary/lindah
http://www.notary.net/websites/LindaHubbell
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Edited by - LindaH on 02/27/2008 06:33:14 AM |
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notaryutah
Utah
7 Posts |
Posted - 02/27/2008 : 04:00:01 AM
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According to the Signing Service, I did the right thing. They were under the impression that the wife was going to be there to sign off of the trustee part. Her signature was required to do so. So I did not FAIL. It IS my business when I have to notarize a signature and the party is not present. Simple logic. I am being paid a trip fee and a printing fee. If I had FAILED, I would not be able to recoup the expenses. According to the NNA I did not FAIL. So I think maybe I did not explain this properly. Have a nice day. Mind my own business? Who's business do you think it is..........if not mine to do my job properly.
Thanks,
Leslie |
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Prosigner
California
24 Posts |
Posted - 02/26/2008 : 08:35:32 AM
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I'm not Carmen, sorry. Here's my question to you: Why couldn't you just notarize the person's name who was there with you? Sure, the document would not be completely executed, but what business is that of yours?
I was taugh a very valuable lesson from a very smart veteran notary long ago: DO YOUR JOB - MIND YOUR OWN BEESWAX.
In my opinion, you FAILED in your job. Maybe California is different? I doubt much -- don't analyze, just notarize.
KT in San Diego |
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notaryutah
Utah
7 Posts |
Posted - 02/26/2008 : 02:30:12 AM
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Hi and good morning Carmen.
By the wayt.....thanks for being there for us! I would like your input on a signing that happened last night at 11 PM
Everything was gong fine until I came to the Joint Tenancy Deed. Names of two trustees. Veribage....blah blah blah as his sole and seprate property. then his signaturee and of course his wifes signature was required. I was to notarize both signatures....would of been fine, but she was not there. Then a disclaimer Deed in both names, naming him as sole and separate [rpbertu...with just her signature to be notarized....I walked away from the sigining/Before I did, I called the signing service that I had just talked to maybe 10 minutes before I arrived at the signing. I called three times...no answer. They said call immediately if I had any questions............no answer. So I apologized and left. Do you agree? I felt it was underhanded. How could I possibly have him sign the documents, when his wife was not present. Notary 101 told me to walk away....your thoughts? The borrower agreed, but said he did it before with no problems.........another red flag............ |
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Dear Signing Agents,
Just would not do it
Be the first person to vote!