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I know SCs don't read instructions, but really....

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  • I know SCs don't read instructions, but really....

    This one is going to take some explaining to get you, fellow CSer, to understand why this pisses me off so much.

    TL;DR: When I finally got the document back, it was signed but not notarized.

    The borrowers' mortgage loan balloon matured in November. I contacted them nearly a month before that to start gathering the information I needed to renew their loan. I didn't receive all the information until after their loan matured, so things were already running past due at that point.

    The borrowers had deeded the house to their daughters as part of a life estate many years ago. Because of how real estate laws work in Minnesota, that means that the daughters' spouses also owned the borrowers' house. That means that the borrowers, their daughters, and the daughters spouses all needed to sign the Modification of Mortgage (a document that gets recorded with the county to show the bank has a lien against the house). The snag there is that one of the daughters had gotten divorced since the loan was originally done. So we needed her spouse to sign a Quit Claim Deed, which would show that he didn't own a portion of the borrowers' house. It took many phone calls back and forth before the daughter and her ex-husband came in with the Quit Claim Deed. It was the middle of February when I notarized the deed and sent it in for recording.

    After that, I could finally prepare the final documents, which the borrowers signed about a week later. I notarized the borrowers' signatures on the Modification of Mortgage and mailed it to the first daughter and her husband to be signed in front of a notary.

    And waited. And called the borrowers asking where the document was. They said their daughter was busy with tax season, so it might be a while before she was able to get it back to me. (Never mind that the daughter works at a CPA's office, which should have plenty of notaries on staff.) So I waited some more. I finally got the Modification back today. Signed by all three daughters and their spouses. But not notarized.

    The letter I sent says twice that the document needs to be signed in front of a notary. The second page of the document has the notary language for all three daughters and their spouses. How could they not notice that their signatures needed to be notarized?

    So now I need to recreate the Modification of Mortgage (because I didn't think I'd need an unsigned copy of it), get the borrowers in to sign it again, and mail it to the daughters for their signatures again. And it will probably take another two months to get it back.

    This time, I think I'll bold and highlight the part of the letter that says "in front of a notary."
    "I look at the stars. It's a clear night and the Milky Way seems so near. That's where I'll be going soon. "We are all star stuff." I suddenly remember Delenn's line from Joe's script. Not a bad prospect. I am not afraid. In the meantime, let me close my eyes and sense the beauty around me. And take that breath under the dark sky full of stars. Breathe in. Breathe out. That's all."
    -Mira Furlan

  • #2
    Perhaps a notice to the parties involved that, due to excessive delays on their part, the loan is not going to be renewed but must be paid in full immediately.

    I'll bet that would get their attention...

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    • #3
      I wish I could do that. The good part is our prior mortgage stays in place, so we still show a lien against the house. The Modification document just shows that the maturity date has been extended out another 5 years.
      "I look at the stars. It's a clear night and the Milky Way seems so near. That's where I'll be going soon. "We are all star stuff." I suddenly remember Delenn's line from Joe's script. Not a bad prospect. I am not afraid. In the meantime, let me close my eyes and sense the beauty around me. And take that breath under the dark sky full of stars. Breathe in. Breathe out. That's all."
      -Mira Furlan

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      • #4
        Even if the daughter didn't work in an accountant's office, finding a Notary isn't exactly difficult. Every bank branch has one, mailing/shipping stores, some DMV offices, etc.

        Last time I needed one, I went to my credit union, a the receptionist didn't even look up my account before signing the paperwork I needed.

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        • #5
          Maybe they thought you'd just notarize it when you got it.

          Yes, I know you can't do that. I'm also a notary public, and many's the time I've had people shove signed documents in front of me and ask me to put my stamp on it. Unless that's your own signature, that's not happening, sorry folks.

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          • #6
            I can understand why you're upset. You did all that work, essentially to help them, and they can't be bothered to follow simple instructions. Idiots.

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