Posted by JPiper on November 27, 2000 at 24:17:04:
Your mastery of typing out deeds must only be exceeded by your failure with people skills.
JPiper
My Signature and When? - Posted by Steve
Posted by Steve on November 26, 2000 at 11:31:19:
When submitting an offer to an out of State owner (Who by the way is very motivated) Should I sign the purchase & sales agreement and any of the other documents that require my signature before I send them to the seller or should I wait until I get them returned signed by the seller?
Also: Is it necessary to have a purchase & sales agreement notorized?
These are “gray” areas for me.
Thanks for your help.
Steve
Re: My Signature and When? - Posted by JPiper
Posted by JPiper on November 26, 2000 at 14:27:40:
I would sign the offer prior to sending it to the seller. Otherwise, it’s not an offer. When the seller signs it becomes legally enforceable. Signatures on the offer/contract do not have to be notarized.
JPiper
Thanks Mr Piper…One more though… - Posted by Steve
Posted by Steve on November 26, 2000 at 17:26:36:
Thank you so much sir for your “Clear and Timely” answer. I have asked many people this same question and got all kinds of answers in the past.
I have read many of your posting replys to others and you seem like a person that understands this business.
Thanks Again
One more question.
Should all of the other documents be signed and notorized as well before sending them?
Trust Agreement etc
Steve
Re: Thanks Mr Piper…One more though… - Posted by JPiper
Posted by JPiper on November 26, 2000 at 21:59:08:
Without knowing specifically what documents you are referring to it?s difficult to answer this question.
Generally speaking any document that would require your signature should probably be signed (again without knowing what that document might be). If it?s a document that would require notarization then you could do that as well. Generally documents that require notarization are those that are going to be recorded.
I would say that in the typical transaction the seller is going to be the most apt to require a notary. For example, the deed needs to be signed by the seller and notarized (since it will likely be recorded). Understand that the buyer does not sign the deed.
Sometimes a notary is used to establish additional legal confidence in exactly ?who? signed. You might want this with some sellers, even if the document was not going to be recorded. It simply adds to the validity of the signature?although it may not be required.
Typically there would be no reason to arbitrarily notarize your own signature unless there was a reason to do it, or perhaps the seller required it.
A trust agreement would typically be signed by the trustee and the grantor/settlor of the trust. As the buyer you probably won?t be the grantor. You may or may not be the trustee?.but if you are I would probably sign and notarize after I got the document back from the grantor. You might then send a copy of the completed agreement back to the seller/grantor.
As an aside, one thing that constantly surprises me is the number of transactions that people conduct completely on their own. I rarely do this unless it?s a lease/option. For example, I have filled out few, if any deeds in my career (approx. 20 years). Normally when I?m receiving a deed I am getting title insurance?and therefore a title company is involved. For a few extra bucks they do the deed and other paperwork?.a small price to pay to have them on the hook for possible errors. I bought a property earlier this year for example where the legal description on the deed was incorrect, and it was kicked back by the county. The title company corrected it. I?d rather have THEM in that position than ME.
If you aren?t exactly clear on the procedures involved with your paperwork then you need to involve someone who is?.possibly an attorney or a title company.
JPiper
I Disagree (Heavily) - Posted by Jeremy
Posted by Jeremy on November 26, 2000 at 23:33:18:
You’re full of it Piper!
I do my own deeds all the time and I get the legal right from the courthouse records. If you can’t copy and fill in the legal that way then you are a complete loser!
If the title comes back bad then I simply write VOID across the deed and send it back
DONE DEAL!