Notary and/or Closer Tips in Florida
Notary and/or Closer Tips in Florida
1. Call the borrowers immediately upon receipt of the order to confirm and/or schedule the appointment. Remember the appointment is scheduled at the borrower’s convenience, not yours. Some appointments may be pre-set for you. Do not attempt to adjust the appointment by more than 30 minutes, unless given approval. Advise of any changes. Please arrive on time. Notify the borrower even if you estimate to be 10 minutes late.
2. Upon speaking with the borrower, inquire about the borrower’s marital status as well as ask the borrowers to prepare photocopies of their identification to go back to the title company with the signed package. If you cannot obtain a copy of the borrower’s identification at closing, PLEASE have them fax a copy to the title company prior to funding.
3. Determine where the closing will be held, especially on investment or non owner occupied property.
4. Be sure to sign the Mortgage as the 1st witness, as well as completing the Notarization. Only (1) witness is required unless otherwise requested. Should you have a “Deed” in your package, “2” witnesses are required and the Florida Notary can be (1) witness. Ask the customer to provide an unrelated 2nd witness.
5. If problems arise with scheduling regarding the borrower’s or any other interested parties availability, advise immediately so that the lender has the opportunity to clear up any issues with the borrowers.
6. If you do not receive the loan documents, please check your order form for document delivery information. You may call the borrower to see if the package may have been sent to them.
7. If you have any difficulty downloading your loan documents please call immediately. You may be able to receive them in a different format.
8. Always print documents on LEGAL SIZE paper or choose paper source by .pdf paper size. You may arrange the documents to suit your comfort level.
9. Inspect the documents for correct names, dates, address etc. Please advise should there be any discrepancies. If documents require you to attach your own notary acknowledgement please do so.
10. Please dress professionally. You may be the only person they meet face to face in the transaction.
11. If the borrowers have questions regarding their loan that are not clearly covered in the loan documents, contact the loan officer immediately. You are not there to sell the loan for them. As a Florida Signing Agent you must NEVER express any opinion about rates or settlement costs.
12. Make sure the borrowers sign their names exactly as they appear on the documents. Typos on the borrower’s names or address may be corrected with permission from the title company. Always draw a single line through the error, correct and have initialed by the borrower.
13. Always use “blue ink” pens. Do not use black ink, unless specified in the closing instructions. Never use highlighter or white out anywhere in the loan package!
14. Please make sure borrower and spouse (if applicable) initial and sign all pages of the Mortgage and All RIDERS. Borrowers should initial all pages that do not require a signature, unless otherwise instructed by the lender or the title company. If in doubt, ASK.
15. Please make sure spouse signs the Mortgage and all riders, Truth in Lending and Right to Cancel even if their name is not printed on those documents. If it is their Homestead property, it is a requirement by law in the State of Florida. All Florida Mobile Notaries should be aware of this. Any questions please call the title company.
16. If problems arise during the closing, do not leave without speaking to either the title company or the broker.
17. When the closing is completed, please take a few minutes and go over all of the documents in the presence of the borrowers to be sure all the documents were either signed or initialed, including witnessed and Notary stamped.
18. You are the custodian of the documents. As a mobile loan closer you are NEVER to leave the original documents with the borrower, broker, realtor etc. unless specified.
19. Be sure to pick up any documents requested in the instructions. If applicable, be sure to pick up the certified funds requested as per the settlement statement made payable to the correct party. Take whatever documentation with you that the borrower has to offer (i.e. survey, POA, death certificate etc.) and include it in the loan package back to the title company.
20. Remember, as a witness only signing agent, you are only responsible for making sure the documents are executed properly and that the borrower understands the terms of what they are signing. You are NEVER to give any advice regarding the loan or fees, nor give any opinion on other loan companies or title companies.
21. Contact the title company to confirm the loan is closed and has been placed in overnight delivery. If you are given instructions to contact the broker/loan officer after the closing is completed PLEASE do so.
22. Please return loan documents as soon as possible. Attached with the loan documents you will find a return label or return information. Always ship late Friday’s closings on Saturday for Monday delivery. Please keep a copy of the tracking number for your invoice. Suggestion: If the air bill does not have a shipper name, use the same name as the receiver. I suggest you do not enter your name as the shipper. Should the account number be incorrect, the vendor will bill you for the charges.
1. Call the borrowers immediately upon receipt of the order to confirm and/or schedule the appointment. Remember the appointment is scheduled at the borrower’s convenience, not yours. Some appointments may be pre-set for you. Do not attempt to adjust the appointment by more than 30 minutes, unless given approval. Advise of any changes. Please arrive on time. Notify the borrower even if you estimate to be 10 minutes late.
2. Upon speaking with the borrower, inquire about the borrower’s marital status as well as ask the borrowers to prepare photocopies of their identification to go back to the title company with the signed package. If you cannot obtain a copy of the borrower’s identification at closing, PLEASE have them fax a copy to the title company prior to funding.
3. Determine where the closing will be held, especially on investment or non owner occupied property.
4. Be sure to sign the Mortgage as the 1st witness, as well as completing the Notarization. Only (1) witness is required unless otherwise requested. Should you have a “Deed” in your package, “2” witnesses are required and the Florida Notary can be (1) witness. Ask the customer to provide an unrelated 2nd witness.
5. If problems arise with scheduling regarding the borrower’s or any other interested parties availability, advise immediately so that the lender has the opportunity to clear up any issues with the borrowers.
6. If you do not receive the loan documents, please check your order form for document delivery information. You may call the borrower to see if the package may have been sent to them.
7. If you have any difficulty downloading your loan documents please call immediately. You may be able to receive them in a different format.
8. Always print documents on LEGAL SIZE paper or choose paper source by .pdf paper size. You may arrange the documents to suit your comfort level.
9. Inspect the documents for correct names, dates, address etc. Please advise should there be any discrepancies. If documents require you to attach your own notary acknowledgement please do so.
10. Please dress professionally. You may be the only person they meet face to face in the transaction.
11. If the borrowers have questions regarding their loan that are not clearly covered in the loan documents, contact the loan officer immediately. You are not there to sell the loan for them. As a Florida Signing Agent you must NEVER express any opinion about rates or settlement costs.
12. Make sure the borrowers sign their names exactly as they appear on the documents. Typos on the borrower’s names or address may be corrected with permission from the title company. Always draw a single line through the error, correct and have initialed by the borrower.
13. Always use “blue ink” pens. Do not use black ink, unless specified in the closing instructions. Never use highlighter or white out anywhere in the loan package!
14. Please make sure borrower and spouse (if applicable) initial and sign all pages of the Mortgage and All RIDERS. Borrowers should initial all pages that do not require a signature, unless otherwise instructed by the lender or the title company. If in doubt, ASK.
15. Please make sure spouse signs the Mortgage and all riders, Truth in Lending and Right to Cancel even if their name is not printed on those documents. If it is their Homestead property, it is a requirement by law in the State of Florida. All Florida Mobile Notaries should be aware of this. Any questions please call the title company.
16. If problems arise during the closing, do not leave without speaking to either the title company or the broker.
17. When the closing is completed, please take a few minutes and go over all of the documents in the presence of the borrowers to be sure all the documents were either signed or initialed, including witnessed and Notary stamped.
18. You are the custodian of the documents. As a mobile loan closer you are NEVER to leave the original documents with the borrower, broker, realtor etc. unless specified.
19. Be sure to pick up any documents requested in the instructions. If applicable, be sure to pick up the certified funds requested as per the settlement statement made payable to the correct party. Take whatever documentation with you that the borrower has to offer (i.e. survey, POA, death certificate etc.) and include it in the loan package back to the title company.
20. Remember, as a witness only signing agent, you are only responsible for making sure the documents are executed properly and that the borrower understands the terms of what they are signing. You are NEVER to give any advice regarding the loan or fees, nor give any opinion on other loan companies or title companies.
21. Contact the title company to confirm the loan is closed and has been placed in overnight delivery. If you are given instructions to contact the broker/loan officer after the closing is completed PLEASE do so.
22. Please return loan documents as soon as possible. Attached with the loan documents you will find a return label or return information. Always ship late Friday’s closings on Saturday for Monday delivery. Please keep a copy of the tracking number for your invoice. Suggestion: If the air bill does not have a shipper name, use the same name as the receiver. I suggest you do not enter your name as the shipper. Should the account number be incorrect, the vendor will bill you for the charges.
posted by 4notaries at 9:55 AM
3 Comments:
Item #4 is incorrect.
"4. Be sure to sign the Mortgage as the 1st witness, as well as completing the Notarization. Only (1) witness is required unless otherwise requested. Should you have a “Deed” in your package, “2” witnesses are required and the Florida Notary can be (1) witness. Ask the customer to provide an unrelated 2nd witness."
In Florida, pursuant to F.S.A. 695.03, witnesses are NOT required for mortgages. Witnesses on deeds that convey property ownership do require two (2) witnesses as stated.
If you do sign as a witness, you MUST print your name beneath your signature. The same is true for the "other" witness on deeds and other documents that require witnesses.
What documents cannot be notarized?.
Documents are notarized to prevent fraud and protect the parties to ensure that the signing party signature is authenticated. A notary public acts as an impartial witness to identify the signers to screen out impostors while making sure documents are willingly signed and that the signing party has the mental capacity to sign such.
Some documents require that they be signed in the presence of a notary public while others do not have to be signed in a notary’s presence. There are certain documents that cannot be notarized by a notary public. Below is a list of documents that cannot be witnessed or notarized by a notary public.
Birth Certificates - Usually what a person requires is a certified copy of the birth record, which can usually be obtained from the State Bureau of Vital Statistics. Notarizing a birth document or copy thereof is prohibited.
Photographs - Notarizing photographs is not an authorized notarial act in the United States. You may notarize a written statement concerning a photograph with the photograph as an attachment. In this way you are notarizing a sworn written statement concerning the photograph and not the photograph.
The name on the document does not match the name on the ID presented to you - You should not notarize such document. You must full satisfy yourself of the identity of the person appearing before you before notarizing any document.
Blank or incomplete documents - Documents should not be notarized unless they are complete and have no blank spaces. It is just that simple! It will be very easy to alter a document with blanks or that is incomplete after it has been notarized. You're flirting with trouble here.
Faxed or copied signatures - A photocopy or faxed document may be notarized as long as it bears an original signature, meaning the copy must have been signed with pen and ink. A photocopied signature may never be notarized.
Wills - Wills are particular sensitive documents that can provide problems for a notary. Some handwritten (holographic) wills maybe invalidated by having them notarized. It is best practices to only notarize a will only after the signer has contacted their attorney who has provided the notarial wording to be used and have instructed the signer to have the document notarized.
Documents that the notary is a party to - A notary may never notarize any document if the notary public has a financial interest in or is a party to the underlying document. This also applies to any document that witnesses the notary's own signature. Completely taboo!
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