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Is a mortgage valid if a notary never saw us sign it but just notarized the documents the next day when we gave it to him?
Wiki User
∙ 14y ago
As far as the lender is concerned the mortgage document is legal. If your signatures are on that document, you have assumed responsibility for the mortgage. If you are contesting the validity of the document because of the notary's action, I don't think it will fly unless you want to claim that the signatures are not yours. And you don't want to do that. As long as you have willingly signed, the mortgage document will be good.
Wiki User
∙ 14y ago
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Does a private binding contract have to be notarized?
No, but without a notary it makes it easier for one person to say "hey, I was never there, I never signed that." With a notary there is essentially a witness to the signing.
Can you notarize for a brother?
Yes, a notary can typically notarize a document for a sibling, including a brother, as long as they are not a party to the transaction and do not have a financial interest in the document being notarized. The notary will still need to verify the brother's identity and witness the signing of the document in person.
What if a loan document is notarized and the person who notarized it is not a notary public and proven not to be one by the state's Secretary of State office?
We (my husband and I) got a mortgage loan. We signed a 30 year mortgage. The loan officer took the loan papers back to his office, changed the terms to a 15 year mortgage w/balloon pymt., and had it notarized by a woman that Secretary of State's office has verified has never been a notary in the state of South Carolina. We ended up losing our home in a foreclosure and it wasn't until it was all over did we realize these things. We've filed a lawsuit, representing ourselves, unfortunately, but that's the only way we could do it. I would think that contract law would be specific and that the entire loan/mortgage would have been null and void from day one.
When does a notary expire?
No, unless it is stated otherwise on the notarized document. In cases of power of attorney all POA's become null and void upon the death of the grantor regardless of how the POA was implemented.
What legal ramifications can occur if a non notary closed a loan without a notary present and the contract was notarized after you left the closing location?
The borrowers can claim they never signed it before a notary and could have the whole contract dismissed in Court, and keep the money they borrowed. In addition, the notary could be sued by the lender for the total amount of the loan, and the notary would lose their commission.
Where does seller sign on North Carolina car title?
A seller should never sign except in the presence of a notary. A notary has to witness the seller signing his/her name. Notaries have to take special classes in how those type of documents need to be filled out
Can you notorize documents by mail in Florida?
No. In fact, doing so defeats the whole purpose of notarization. When a document is notarized, one of two acts is performed: 1. The notary takes the acknowledgment of the signer, whereby the signer declares in the physical presence of the notary that he or she signed the document voluntarily and understands its contents. The notary must make a layman determination as to the signer's competency. If the notary is not face-to-face with the signer, the notary has no way of knowing whether or not the person signing the document is competent, drunk, or even alive. 2. The notary administers an oath to the signer, where the signer swears that the statements contained in the document are correct. In addition, when administering an oath, the person must sign in the notary's presence. An oath requires a verbal exchange between the notary and the signer and the notary must actually watch the person sign their name. To conclude, a notary may NEVER affix their seal/stamp to a document unless the person whose signature they are notarizing is actually standing in front of them at the time the seal/stamp is affixed.
Can a notary notarize a document if the signatures are not present?
Yes it may. However - then the authenticity of the signature COULD be questioned at a later time (i.e.: Did THAT particular person REALLY sign the document?) whereas signing in the presence of a Notary Public would eliminate that question.
Can director of the real estate agency sign the lease agreement with no witness?
Generally in the United States, if the signing of a document requires a witness, it should state that it needs to be notarized. To have a document notorized is to have a Notary Public confirm by his/her seal that he/she witnessed the signing of the document and confirmed the signer's identification. (So never sign a document before taking it to be notarized, because the Notary Public has to witness the signing.) (Sorry, I don't know how or if it is done differently outside the US.)
How long is a notarized document valid in the Philippines?
A notarized document never expires. It is always a valid document.
Is it legal for ex-wife to forge mortgage renewal?
It is NEVER legal to forge a name. The only time a person may sign any documents on your behalf in a mortgage transaction is if they have a transactional specific "Power of Attorney"
What is the difference between a jurat and an acknowledgement?
An acknowledgment certificate indicates that the signer a) personally appeared before the Notary, b) was identified by the Notary, and c) acknowledged to the Notary that the document was freely signed. Documents requiring a jurat must be signed in the Notary's presence, as dictated by the typical jurat wording, "Subscribed (signed) and sworn to before me..." Contrary to popular belief, documents requiring acknowledgments do not need to be signed in the Notary's presence in most states. The confusion comes from the fact that the signer must appear before the Notary at the time of notarization to acknowledge that he or she freely signed for the purposes stated in the document. In executing a jurat, a Notary guarantees that the signer a) personally appeared before the Notary, b) was given an oath or affirmation by the Notary, and finally c) signed in the Notary's presence. An easy way to remember the chief difference between an acknowledgment and a jurat is using the following mnemonics device; "A Jurat is signed while "JUR-AT" my office (JUR-AT instead of 'you're at,' a jurat is signed while you're at my office). By remembering this, you will never forget that the Notary must always witness the signature when assisting with a Jurat.Knowing your state's laws governing Notary Publics can certainly save a lot of time and headaches, and this is an excellent example. While not necessarily recommended (especially for first time borrowers), most of the entire loan package can be signed at home or prior to notarization. In States such as Georgia and Louisiana which require that recordable documents be signed in the presence of one or more witnesses, the documents to be recorded must always be signed in the presence of the required witnesses. A typical loan refinance with a 2nd mortgage can be well over 300 pages long, and most lenders require two sets of documents to be signed at closing. Consider the fact that's over 600 pages of documents to be sorted through and then consider that some lenders require every page to be initialed by both borrowers! Whew! My arm is hurting just thinking about it. To sum, for a seasoned borrower, signing the loan documents ahead of time and leaving just the notarial pages blank for the loan signing date, you can reduce a lot of stress ahead of time for both you and the Notary.
