Tag: notary

Wet-Ink or Electronic Signatures on Closing Documents

Here at Tallgrass Title we are focused on helping to make each transaction happen as smoothly as possible. One of the tools we encourage people to use is electronic signatures. Programs such as Dotloop®, DocuSign®, and many others provide a secure platform for buyers, sellers, and realtors to affix their signatures to documents quickly and efficiently.

At the beginning of a transaction, contracts, addendums, and disclosures can be signed electronically. This cuts down on the time and shoe leather it takes to obtain documents to get the process started. Most programs also have a way to send a copy of the signed documents to the title company, so you don’t have to save a copy somewhere else on your computer to pass on later.

Soon after the commitment is sent out, our closing agents generate the Buyer Preliminary Documents and the Seller Deed Packet. We send them out as soon as possible and encourage early signatures as it helps the closing process go more smoothly. Our Buyer Prelim Doc packet can be signed electronically in its entirety.  This packet includes a warning sheet about wire fraud; it is very important that it is read by the buyers at the earliest opportunity. Scammers and fraudsters try to steal earnest money deposits, not just closing funds! The fraud sheet also shows that we have partnered with a secure company called CertifID® to send and receive wire instructions. This program verifies the senders/receivers’ identities, verifies the wire instructions, and insures each wire sent using the verified instructions.

The Seller Deed Packet also includes a warning about wire fraud in case they would like to have us wire their proceeds to them at closing. This document and all other documents that do not need a notary’s signature may also be signed electronically. As a reminder: the Information Release form and the 1099 tax sheet require the seller’s social security number so please send the completed documents back to us securely. The Deed and any Affidavits will need to be signed in the presence of a notary. Your clients can either meet with a notary of their choice or they can visit our office where one of our notaries would be happy to assist. During this time of social-distancing, we do ask that you call us to let us know when they are coming.

The final documents that are needed for closing are the settlement statements and the loan paperwork if the buyers are receiving financing. For our purposes, the sellers can sign their statements electronically and don’t need to come to a closing appointment in person unless they choose to do so. As of this time, the buyers do need to sign their loan packet in person, either at their bank or in our office. Some lenders have begun to have buyers sign a portion of the documents electronically to reduce the amount of time needed to complete the closing. However, the buyers do need to sign the mortgage and a few other documents before a notary.

Please reach out to us to discuss which methods best fit your transaction. Our agents are happy to help walk you through the tasks that can be completed electronically in order to help your transaction go smoothly.

What the Heck is a “Notary” Anyway and Why Do Certain Documents Need One?

A “Notary Public” or simply “Notary” for short, is a public officer that has received legal authority to perform certain functions intended to prevent fraud and forgery.  Each state has its own set of laws that govern the duties of notaries.  Notaries in Kansas perform five basic functions:

  1. Take acknowledgments
  2. Administer oaths and affirmations
  3. Take a verification upon oath or affirmation
  4. Witness or attest a signature
  5. Certify or attest a copy

With real estate transactions, you will most likely encounter a notary for the purposes of witnessing a signature and administering an oath.  In witnessing the signing of a document, the notary will verify that you are the person you claim to be, watch you sign a document and then stamp the document with their notarial seal.  When administering an oath, the notary will have you raise a hand and swear that the information contained in the document is true and correct. Most people will encounter this scenario in their lives.

But what is the notary actually doing and why do you need them to perform these functions?

With a non-notarized signature, another individual viewing a signed document must identify, prove, or trust that the signature was actually made by the person purporting to sign.  If you consider that a deed in a real estate transaction can pass real estate worth hundreds of thousands or even millions of dollars, it is easy to see that the area could be rife with fraud.  A Kansas Notary, as stated above, is a public officer that has been vetted by the Kansas Secretary of State and deemed trustworthy to perform the duties of a notary.  A notary also must provide a “bond” insuring their duties as a notary.

In witnessing a person sign a document, the notary is creating a presumption that a person is the individual that signed the document.  In the law, a presumption means that the burden of proving a fact has shifted to the other side.  Therefore, when a signature is notarized, it is presumed, or more likely than not, that the signature is authentic.  A person challenging the authenticity of a notarized document has the burden of presenting evidence that is persuasive enough to overcome the presumption in proving that a person did not sign a document.

Additionally, in Kansas, all documents that are filed with a county’s Register of Deeds must  be notarized as required by law.  So, for most real estate transactions, this includes a deed and mortgage.  These are also the documents that are responsible for the conveyance of the interest in real estate, making it easy to understand why such a requirement exists.

In real estate transactions, affidavits (sworn statements of fact) are the most common sworn statements encountered.  Usually, these come in the form of affidavits of death, affidavits of equitable interest, or affidavits of debts and liens.  Most of the time, they are used to clarify or clear a title concern and are required by a lender or title company as part of a transaction.

As one can see, Notary Publics serve a very important role of preventing fraud and forgery in every real estate transaction. At Tallgrass Title, every one of our team members is a Notary Public and understands the importance of that role and duty that it carries. Should this post present questions regarding the role of a notary in a real estate transaction, feel free to contact our office.  We are happy to assist!