Posted on: 10th May, 2013 02:49 pm
My husband brought home mortgage papers for me to sign and then I dropped them off at the bank. The mortgage loan papers were notarized without us present and the notary was the the banker who gave us the loan. Is this legal? Also after years of trying to get the bank send us a copy of the HELOC agreement, they sent it to us and my husband never signed the HELOC agreement and disclosure statement (just the mortgage papers which does not state the rates of the HELOC, etc...) Is this legal? I live in Kentucky.
Each state is different on disclosures and law regarding real estate transactions, but my understanding is that the notary cannot be the loan agent as well. The purpose of a notary is to be a private, third party person who acknowledges the parties signing the documents. YOU must be present for a notary to witness your signature. If not, then the notary did NOT witness you signing. What are you trying to accomplish? Do you just need your mortgage papers? If so, send in a qualified written request to your lender demanding the items you want. They have 21 days to respnd and 60 days to correct the issue...
Hi hailyreese,
I feel that it would be better if you could show the documents to a qualified attorney from your state. He will look into the documents and let you know whether or not they are legal. It will be better to take his opinion as he will know the laws in this regard.
Thanks
I feel that it would be better if you could show the documents to a qualified attorney from your state. He will look into the documents and let you know whether or not they are legal. It will be better to take his opinion as he will know the laws in this regard.
Thanks