I have never had the signers sign with trustee after their name if it is under the line. do you? is it required?
Depends on the requirements for that particular file.
Your best bet (& the way I’ve always done it) is to ask the hiring party for specific signing instructions (in writing) when a Trust is involved in the transaction.
I agree that It definitely depends. Lenders/title companies are NOT consistent with signing practices from company-to-company.
As we all know, Notaries aren’t lawyers so we can not suggest one way or the other. The SAFE bet is to have the signer sign as required by the hiring party.
Now my opinion: since I’ve been a Notary (two glorious years), I’ve spent a fair amount of time researching Notary Practices and other relevant sources. If I were signing these types documents in a capacity other-than as an individual, I would add “Trustee” “Manager” after my signature because it signifies the capacity that I am signing.
For example, if I had an LLC, I would add Manager, Secretary, President or etc. after my signature. Without a title, it could be debated that I was signing as an individual - thus defeating a primary point of starting an LLC.
Again, were aren’t lawyers so the SAFER practice is to default to the hiring party’s decision and carry-on.
I was informed to never have them sign as trustee.
That is lender and title specific - back to the old adage of “never” say “never”. Not sure who informed you to “never” have them sign that way but, that all depends on the makeup/nature of the loan and the particular lender. In CT (25-year closing paralegal there) - loans and legal docs were signed “John Doe, Trustee” when signing for the trust and “John Doe, Individually” when signing for themselves - our certs read “personally appeared John Doe Trustee of the ABC Trust, and John Doe, Individually”…and rest of required cert wording. Could possibly be the same here in Florida although I’ve done very few “Trustee” signings here since 2006.
But…never say never. That’s too broad a brush to use
Hi Linda, I just received an email from the title company stating that the lending company did an audit and the word “trustee” is missing on the Note. So I definitely agree with you that “never” is not correct. This was for a signing that was completed awhile ago and was just noticed upon audit. Interesting about this is they want the verbiage on the Note but none of the other documents required the verbiage “trustee” and the instruction previously stated NOT to have them sign with “trustee” on the Deed.
I think in the future, I will make sure the Note has the “trustee” verbiage unless indicated not to by title or lender.
@cari081326 perfect example of why if there is any small hint of trust involvement, let hiring party make the call. There is no shame is dropping them a note asking “Please advise specifically how the signatures are to read - name only? Name as Trustee?”
I’m surprised they’re not correcting all the critical docs - if the trust is signing on the Note then they’re also most likely signing off on the security instrument.
Acually, good idea. Thank you for the feedback. I think I will just ask ahead of time for specifics, rather than do or not do. It doesnt hurt to ask ahead of time. Saves me a trip and keeps me in business!