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JoeFHulsey
Florida
12 Posts |
 Posted - 12/29/2008 : 6:21:20 PM
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Thank you for the info. This was/is for an out-of-state signing.
Seems like the little light bulb is befinning to glow.
Joe |
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PWinFL
Florida
469 Posts |
Posted - 12/29/2008 : 10:40:30 AM
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Often, especially with some out-of-state properties, a Deed of Trust is used as a security instrument instead of a Mortgage. Many DOTs, as well as some Mortgages, and some Notes, have a reassignment section which is completed when the lender sells the mortgage to another lender on the secondary market. Since the sale is some time in the future, and the DOT/Mortgage still needs to be acknowledged and notarized, the DOT/Mortgage is not considered incomplete with the reassignment section left entirely blank.
This is just one example, and one that you will probably run into as a signing agent. Other instruments that deal with negotiable bond trading have endorsement and reassignment sections as well, as part of the original document.
Never drive any faster than your guardian angel can fly.
I am not an attorney licensed to practice law in the State of Florida,
and I may not give legal advice or accept fees for legal advice.
Visit us online at http://www.PAWnotary.com |
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JoeFHulsey
Florida
12 Posts |
Posted - 12/29/2008 : 09:53:38 AM
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Thanks to all for the excellent input. Will you help me take it to the next level?
Specific wording on the FS 117.107(10) Prohibited acts...
"(10) A notary public may not notarize a signature on a document if the document is incomplete or blank. However, an endorsement or assignment in blank of a negotiable or nonnegotiable note and the assignment in blank of any instrument given as security for such note is not deemed incomplete." Can anyone explain/define the scope of the second sentence?
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PWinFL
Florida
469 Posts |
Posted - 12/29/2008 : 06:54:02 AM
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Documents that contain blanks usually are not, nor should be, a major concern to Florida notaries. There is nothing in the Florida statutes that say a document cannot contain blanks. Actually, there are documents that must contain blanks or they would be invalid.
Florida statutes state that a notary cannot notarize the signatures on documents that are incomplete or blank. A blank document is one that has no detail information, such as a form. The key word in the statute is incomplete. The notary is responsible to ensure that the document is complete in every aspect. A document may contain blanks and still be complete. A notary's judgment comes into play to ensure a document that contains blanks is complete. If so, then there is no reason to not notarize the signatures.
Never drive any faster than your guardian angel can fly.
I am not an attorney licensed to practice law in the State of Florida,
and I may not give legal advice or accept fees for legal advice.
Visit us online at http://www.PAWnotary.com |
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CopperheadVA
Virginia
420 Posts |
Posted - 12/29/2008 : 05:12:51 AM
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When I encounter title docs that have blanks (which happens all the time), I ask borrowers to fill them in or write "N/A" or some other appropriate response. I have them draw a line through all unused lines on the AKA Affidavit. Some docs I do allow signers to leave a blank or two, as clearly something should go in the blank, such as an account number or title policy number, that the signer does not know.
Like Renee in MI, here in VA blanks in a doc are not a concern to the notary, however with that said I do as I stated above and have borrowers fill in what they can. Whatever they leave blank is their decision and up to them. If I was in a state that prohibited notarizing if blanks are present on the doc, I would definitely line through the blanks and then notarize. I might include a sticky note with a brief explanation to cover my rear.
CopperheadVA
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Renee
Michigan
549 Posts |
Posted - 12/29/2008 : 03:31:40 AM
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Life is all in the details, as they say ... this posting is just missing far too many details. This could be describing anything from the mtg to an entire collection of T/C docs - or was this something so totally obscure that you, as a pretty experienced signing agent, had never before seen?
Did the T/C specify that the blanks in the doc were to be LEFT blank? Were the signers being prevented from completing the blanks, or perhaps writing "T/B/D" (to be determined) or "N/A" or some other blank-filling response? Was there no appropriate person available prior to the signing to address your concerns to?
On this, I'm so glad to be in MI where blank spaces are not an issue for the notary public's concern. |
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LindaH
Florida
1754 Posts |
Posted - 12/28/2008 : 1:40:33 PM
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Hi Joe - we talked about this elsewhere, but I have two questions..
1. As to "I'm sending the docs back with these 10 pages unsigned" - unsigned by whom - you or the borrowers or everyone - if the borrowers were okay with signing the blank documents I would have let them go ahead and sign but certainly don't notarize.
2. "I will not ask to be paid" - why not??? Why should you not be paid just because you refuse to do something illegal??!! NO!!! You absolutely deserve your pay - keep copious, detailed notes with names - if they refuse to pay you I'd be filing complaints with any agency that has anything to do with regulating all involved - and small claims court if necessary. Also, make sure you keep a copy of that FL statute PAW gave you....and send it to everyone!!
Don't let them get away with this....you deserve to be paid -
Good Luck.
Linda
www.notarydepot.com/notary/lindah
http://www.notary.net/websites/LindaHubbell
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Edited by - LindaH on 12/28/2008 1:42:54 PM |
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JoeFHulsey
Florida
12 Posts |
Posted - 12/28/2008 : 09:10:51 AM
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I was given a closing this weekend for Lexicon Title. All went fairly well until a 10 blank documents came up. The docs were printed in "leagaleze" and they wanted the borrower to sign and date.
There were 2 or 3 docs that required my notarization. I explained to the borrower that it was against FL law for me to place my notarization on these documents. If he would have lined through all blank spaces with an "N/A", mabey?
At any rate, Lexion is threatening me with possible legal action because I would not accommadate them with my signature. FL Notary Law is pretty clear to me: DO NOT NOTARIZE BLANK DOCUMENTS!"
The LO claims that Lexion is a very large company and that they do this all of the time.
I'm sending the docs back with these 10 pages unsigned. I will not ask to be paid. I want nothing more to do with this!
Anyone else ever worked for them? |
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