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dfye@mcttelecom.com
New Hampshire
681 Posts |
 Posted - 01/15/2006 : 02:59:30 AM
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It is the lenders responsibility to verify the marital status of an individual especially considering that many states are homestead or equitable distribution states requiring that the spouse is on the documentation as obligor or non-obligor. With that in mind, we need not subscribe to the marital status of an individual but only to their identification (their personal names). Great advice, Ken.
Legal Eagle Para Professional Services |
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Kenneth Edelstein
New York
17 Posts |
Posted - 11/04/2004 : 12:13:23 PM
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New York County Clerk - I have spoken with the chief clerk and they tell me that a New York notary is supposed to notarize ONLY the name. If the morgage says "Joe Smith, a married man" - we are to STRIKE out the "a married man" part. How can I certify by my seal the marital status of anyone? Think about it. There is absolutly no way to determine the marital status of the person signing. That marriage license in hand could have been negated by a Vegas divorce yesterday. And of course the reverse is also true. As astonishing as it may sound i once had a document that had "name, race" as the description of the person taking out the mortgage. Of course that was "lined thru" and initialed (legal erasure). Besides, how can i determing the "race" of a person? The same applies to Titles: it's Joe Smith not Doctor, or Rabbi, or MD or PHD or anything else. Our directive is to notarize what was on the birth certificate, Drivers Lic, Passport but no titles!! Do you have the ability to determine if I am an Earl?
Regards,
Ken |
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NY - Notarize JUST the name - nothing more
