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dfye@mcttelecom.com

New Hampshire
681 Posts

Posted - 04/07/2008 :  06:09:01 AM  Show Profile  Visit dfye@mcttelecom.com's Homepage  Reply with Quote
I also agree with Linda. You should never mark up any document especially one which is to be recorded.

Legal Eagle Para Professional Services
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AZSigner

Arizona
93 Posts

Posted - 04/06/2008 :  12:49:46 PM  Show Profile  Reply with Quote
Yeah, this situation is a just a "little" creepy.

I agree with everyone else - tell the Lender no-can-do; they'll have to send you a new grant deed. Even if it's not technically illegal, it's very fishy to have someone ask you to alter a document after notarization.

Or if you don't want confrontation with the Lender, just tell them you already dropped the docs in a drop-box. (And then hurry to the nearest drop box and send the docs on their way).



-Mike
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crtowles

California
553 Posts

Posted - 04/06/2008 :  07:54:31 AM  Show Profile  Reply with Quote
Wow, I have never heard of such a thing! This is unacceptable. I wouldn't touch that with a ten foot pool.

As Renee said they would have already been shipped off. Then if they want you to go back then they can pay you and send you a new deed for the borrowers to see and sign.


Carmen
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LindaH

Florida
1754 Posts

Posted - 04/04/2008 :  12:18:11 PM  Show Profile  Reply with Quote
I'm surprised the lender asked her to do this after the fact.

Linda
www.notarydepot.com/notary/lindah
http://www.notary.net/websites/LindaHubbell
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BobbiCT

Connecticut
135 Posts

Posted - 04/04/2008 :  07:19:38 AM  Show Profile  Visit BobbiCT's Homepage  Reply with Quote
WATCH OUT ... back away until you have WRITTEN instructions from the lender, take the Deed back to the grantor/signers to have them write the notation and initial it. If the Recording Clerk will accept it, it doesn't matter whether it is hand printed or typed.

Depending on the parties circumstances, this is a technique often used to avoid real estate conveyance taxes (aka transfer tax); however, it can result in the grantor/signers getting an expensive surprise at year end - owing both federal and state gift taxes.

This is a decision that you do not want to be any part of so that it doesn't come back to bite YOU, be only the notary/witness for the execution of the document.
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dsullivan

Indiana
14 Posts

Posted - 04/04/2008 :  06:24:14 AM  Show Profile  Visit dsullivan's Homepage  Reply with Quote
I agree with Linda. This should have been done prior to grantor signing it. Also, I hope you got paid extra for this.

Signed, sealed and delivered as promised.
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Renee

Michigan
549 Posts

Posted - 04/04/2008 :  03:13:11 AM  Show Profile  Visit Renee's Homepage  Reply with Quote
I totally agree with Linda, wouldn't alter anything after-the-fact.

I also want to repeat (again and again!) - drop the docs immediately after signing. Not only is it a 'best practice' for this business, it eliminates these types of issues - can't alter what you don't have anymore!
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LindaH

Florida
1754 Posts

Posted - 04/03/2008 :  3:17:35 PM  Show Profile  Reply with Quote
I may be off base here but I would not alter an original document in any way after the fact, especially without being in front of the Grantor - had this been done prior to your meeting,Grantor could have initialed it showing acknowledgment of the added wording. OR, had they contacted you prior to the appointment or at the table the Grantor could have written it in him/herself and initialed...which IMO is the more appropriate way to do it...

I'd tell them I can't do that, but I'll go back out to the Grantor and have them do it...for an additional fee, of course.

JMHO




Linda
www.notarydepot.com/notary/lindah
http://www.notary.net/websites/LindaHubbell
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drogers

California
9 Posts

Posted - 04/03/2008 :  10:40:30 AM  Show Profile  Visit drogers's Homepage  Reply with Quote
Recently I was asked by a Lender to return to a borrowers home to have a Grant Deed notarized that the lender had not included in the loan package. I had the Grant Deed signed and I notarized it. The next day before I met with the courier to send off the document I received an email from the lender asking that I put the following notation at the top of the Grant Deed..."This is a bonified gift and grantor received nothing in return R&T 11911" I have seen variations of this imprinted on Grant Deeds but never handwritten. Your thoughts??

drogers
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