No, this is not a bout of 'Tag Team Notaries' that I'm about to describe.  It's what can be done when 2 signatures need to be notarized for the same document, but each of the signers are in different locations.

I got a call from the title company regarding a closing I did last Friday.  The person wanted to know why the wife didn't sign the Deed of Trust.  Her name was on it.

I explained that the wife didn't sign the Deed of Trust because she was not at the closing. I had her husband write a note explaining the situation. Apparently there was some miscommunication, and no one from the title company knew that the wife would not be there.  The loan officer didn't know that the wife had to sign the Deed of Trust.  She wasn't on the loan, but she had to sign the Deed of Trust, along with the Right to Cancel and another affidavit.

The title company said that they can't fund the loan unless she signs it, and that I am the only notary who can notarize her signature, because I was the notary who presided over the closing.

Not so.

If the wife is not in Colorado, I can't notarize her signature. Wherever she is, they will need to find a notary to have her sign the Deed of Trust and notarize her signature. 

This is what is called a 'split signing'.

Since the husband was the only person whose signature I could notarize, I had to cross out his wife's name on the acknowledgement section of the Deed of Trust, and initial it:

Deed of Trust acknowledgement - wife's name crossed out

After all, he was the only person who appeared before me. 

Let's suppose that the wife is in Arizona.  The title company will send the Deed of Trust to Arizona -- either to the wife, or to a notary.  She will appear before the notary and sign the document. The Arizona notary will notarize her signature using a separate acknowledgement (a 'loose certificate').  On this acknowledgement there will only be one name -- the wife's name, since her signature is the only signature being notarized.  The acknowledgement will look something like this:

Deed of Trust acknowledgement - wife's name only

Now the Deed of Trust has been signed by both parties, and their signatures have been notarized.

notary stamp  notary stamp One Deed of Trust -- 2 different notaries.

 

 

 

 

 

happily ever afterThe loan gets funded, and they lived happily ever after.

 

 

1 Comments on One Deed of Trust -- Two different notaries

DEC
22
1 Featured Post Outside Blog Hit Router

Leon,  You are right on, but the craziness of the latest crunch in Underwriting, is that the split signing brings the underwriters to a halt (I don't know why they can't figure it out?).  Finally somebody gets the ok, from somebody higher up, and the loan get approves, THEN funds.  Odd. 

List and Sell (fund and close, then they live happily ever after)   Gary @ RentonHomeFinder.com

10:07pm • #1

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Leon Austin, Colorado Springs Mobile Notary

Colorado Springs, CO

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Address: Colorado Springs, CO

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