Error and Omissions Compliance Agreement doc

I have completed a few refi assignments this month and I have come across some packages have a jurat notarization for the errors and omissions compliance agreement form, but a couple of times the packages don’t have a jurat notarization. Is this inconsistency or does it matter which title/escrow company draws up the documents. Just really curious to know just in case I’m supposed to be adding a jurat notarization certificate of my own?

It’s lender/title specific

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I don’t question the docs unless it prevents me from doing my job (ie: names not correct,)
Remember that we are here to prevent fraud and collect sufficient evidence of the signer/s identity.
Beware of blank notorial certificates, they will throw them in random places. I leave those blank

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I have cone across blank certificates. I leave them blank.

Same here… I just sign where borrowers’ signature and mine go.
Blank… I leave as it is, BLANK

E & O Compliance agreements have always had a notarial certificate, and they must be signed by the non-borrowing spouse. Sometimes, there is a second page that has only the certificate. The verbiage in a document will lead you to whether a notarization is required. If it says things like “I swear” or “Borrower Acknowledges”, you know it will require a notarial certificate. You should contact title anytime these docs do not have the proper certificates attached. You are not allowed to choose which form to use, the signer is to decide (or Title), so you cannot just add one. Also, NEVER sign a blank notary certificate. You can use a blank one that is placed in a package in case you make an error and need to replace the original - make sure you note on the bottom of the certificate which document it goes to. (Look at the bottom of pages in the docs and you will see what needs to be there.)

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@spdev25, Thanks you for the I fo, I will make note and contact title if E&O does not include an acknowledgement certificate. I noticed this in a few loan packages from different title companies where the notarial certificate is not included for the E&Os.

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I completed a 1st time buyer (split signing) where the E & O had 2 signer lines no certificate block but I had to go back and add a loose-jurat. It should have been in the long list of directions. Normally, I’m use to seeing a limited power of attorney. From now on lender/title specific or not, I’m calling and adding a loose certificate. It’s often hard to get a hold of signers for repeat visits.

Y’know what I really don’t like (besides eggplant)? I don’t like getting four pages of instructions from title/escrow and then discovering some obscure document in the package that is unique to only this transaction and that has two lines on it for signature and no names indicated and maybe also has a couple of places for witnesses to sign. No instructions, no directions, no nuthin’. Sometimes it’s a ‘supplementary’, one-page deed of trust document that appears to require the signature of someone other than the borrowers. How the heck do I know??? Of course, I call and it takes forever to reach the right person who then says, Wow, I’m not really sure, or, Just leave it blank. So I notate same in my journal and move on.

That’s my pet peeve for May 2022. Stay tuned in June for the next one. :no_mouth:

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Hopefully, you didn’t give them a notarization on that blank doc:).

I never notarize any document that is not specifically called out for notarization in the proper manner. I sent it back blank.

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