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Instant Download Ebook of Nna Notary Signing Agent National Loan Documents Sourc2Nd Edition National Notary Association Online Full Chapter PDF
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NNA
·
Loan Documents
Sourcebook
The Notary Signing Agent's Illustrated Guide
to Common and Uncommon Forms
and How to Notarize Them
8. Signature and Name Affidavits ................................. 423
APPENDIX
Milton G. Valera
- John W. Gardner
U.S. Secretary of Health, Education, and Welfare, 1965-1968
At the closing table itself, Agents must exude confidence in helping bor-
rowers execute any of the myriad papers that may comprise a closing
documentation package.
There are no shortcuts here. Your chosen career field demands that you
cultivate your knowledge and never stop learning.
Table of Contents I v
The Notary Signing Agent's Loan Documents Sourcebook provides a
wealth of information for the beginner and veteran alike. Five separate
Notary Signing Agent transactions are explained and illustrated, includ-
ing the refinance loan and the home equity line of credit, the increasingly
popular "reverse" mortgage, the less common purchase and sale, and
the purely commercial transaction. Next are explained the instruments
that are typically encountered in documentation packages for these
transactions, followed by helpful tips for presenting and notarizing the
applicable instruments.
Never before has such a breadth of diverse real property and mortgage
documents been compiled in a single volume with the needs of the
Notary Signing Agent in mind. It would take considerable real-world
experience to gain exposure to the forms in this Sourcebook.
Milton G. Valera
Chairman
National Notary Association
About This
Source book
The venerable Mark Twain, who was once a Notary, quipped: "All you
need in this life is ignorance and confidence, and then success is sure."
Any Notary Signing Agent will agree that confidence is critical for suc-
cess. Ignorance, however, is simply not an option.
Introduction I 1
Contracting companies require Notary Signing Agents to be thoroughly
versed in the documents they handle, even if they never explain them to
a borrower.
At the appointment itself, the Agent will sit across the table from per-
fect strangers with a briefcase full of documents the Agent may feel
ill-equipped to present. Add to this the uncertainty of not knowing what
the borrower will say or ask next and it is apparent that only one word
can quell the insecurities that are the product of inexperience.
Confidence.
This book was written upon the premise that, to be successful Notary
Signing Agents must possess both knowledge and confidence. The best
way to achieve both is through years of experience conducting loan sign-
ings. In the case of beginners, of course, this is not possible.
While the complete sets of loan documents comprise the bulk of the
present volume, Notary Signing Agents who have conducted only a few
signings have already learned that not only can loan packages vary from
signing to signing, the individual documents themselves can vary in
format. The sheer number of possible combinations of forms that may
appear in a document package defies any definitive attempt to antici-
pate, classify, or present them in a book of this size, due to the fact that
each individual lender or title company may require different forms, a
specific loan program may require certain documents, or a borrower's
• Occupancy affidavits;
• Compliance agreements;
• Notice of right to cancel forms (including the document that was the
source of the test question in the above-mentioned example);
• Affidavits used for various purposes in the mortgage and title industry.
Finally, a word of caution. The forms reproduced in this book are pro-
vided solely to aid in comprehending Notary Signing Agent practices
and procedures. State laws universally prohibit Notaries Public and
nonattorneys from engaging in the unauthorized practice of law. Notary
Signing Agents should not use this book to recommend or draft a par-
ticular document for, or to provide legal counsel about, any document to
borrowers. Agents should advise borrowers to have their specific legal
questions answered by their loan officer, escrow agent or attorney. ■
Introduction I 3
Part I
SIGNING AGENT
TRANSACTIONS
Part I of this book illustrates seven complete sets of loan document pack-
ages from the three most common Notary Signing Agent transactions
- refinance loans, home equity lines of credit, and reverse mortgages -
and sets from less common purchase and commercial transactions. These
packets will illustrate the various lender, title, and tax forms common to
these transactions.
Marginal notes also will appear in places where the documents raise
issues or questions of interest to the Notary Signing Agent, such as how
exactly the forms should be notarized.
1
Refinance Loans
INTRODUCTION
One of the Notary Signing Agent's staples is the home refinance transac-
tion, which, according to industry analyst estimates. accounted for over
70% of all 1- to 4-family mortgage originations in 2013. While that number
has decreased to 35% in 2018, refinance transactions are still an important
part of a Signing Agent's workload.
In leaner times, when interest rates creep higher and the number of
refinance loans drop, lenders begin to more aggressively market adjust-
able rate refinance and HELOC loans for debt consolidation. remodeling.
and funding college education. They also introduce new programs to woo
first-time buyers and consumers who cannot afford a traditional mort-
gage, such as interest-only or zero-interest loans.
Clearly, as market shifts occur, the types of loans Notary Signing Agents
handle will change.
2. Grant Deed 83
6. Prepayment Rider 93
7. Note 94-95
23. Internal Revenue Service (IRS) Form 4506 Request for Copy or
Transcript of Tax Form---~-----------~-113
If this Is an application for joint credit, Borrower and Co-Borrower each agree that we intond to apply for joint credit (slgn below):
Borrower Co-Borrower
I. TYPE OF MORTGA GE A NO TERMS OF LOAN
O Other (explain):
Mortgago
A lied for:
Amount
OVA
FHA 00 B ConventK>Oal
USDA/Rural Housi
Interest Rate No. of Months
Service
JC Fixed Rate
Agency Case Number
8 Other (explain):
Lender Case Number
2500020183
Subject Property Address (street. city. state. & ZIP) No. of Units
1000 Anywhere St.. Any Ci1y. AS 00000 County: 1
Legal Descnpbon al S ubJecl Property (a1ta="'e"s"'cn"'p"'10"'n_.,,,..n"'ece=s'"sa'-ry=-- - - - - - - - - - - - - - -- ----,-y;,-,e-a~r""su - --
""'i1
1
2001
O Purchase
Purpose of loan
Refinance B Construction Other (explain):
Construction-Permanent
Property WIii be:
00 Pnmary O Secondary O
Residence Residence
Investment
100-10-0000
I
Social Security Number Home Phone (Wld • •
209-555·1212
code) I09/11/1958
I
12 110-61-1200
I
209-555-1212 06/12/1968
I
DOB (MMIOOr'YYYY) Yrs Schod Social Security Number Home Phone Ind .,.. code) DOB (MMIDM'YYY>jYrs. School
12
@
D Unmaniod (lndude ling'e, d,vorced, MOOWtd) no.
I
ManNld llndude ,,...,.,,. ...,.M~ "'""'"\ Dependents tnot hste<I by Co-Bom,we,
] ages
~
D
Ma11ied (,dude,,.,.,.,,. dome,..,
I
oenne,s) 'Dependents (not Hste<I by So•owe,)
Unma,ried (1nc:tut1e 1:ngle, dNoroad, widowed) no. ages
0 s.narated O n/a D s.n.,.ted o nta
PresentAddreSS (ltreet.aty.lUlte ZJP) l!J Own LJ Rent 7Y SM No.Yrs. Present Address (lt:Nt. oty. 11a:, ZJPl!J Own U Rent 7Y SM No.Yrs.
1000 Anywhere St. 1000 Anywhere St.
Any City, AS 00000 Any City, AS 00000
Mailing Address, if different from Present Address Mailing Address. If different from Presen1 Address
If rosldlno at nresent address for lea& than two vears comnlote the followlno:
Former Address (weet. Ckf. &taw. ZIP) D OY,-n D Rent No.Yrs. Former Address (WMt. a,y. ,ia:e. ZIP) D Own O Rent No.Yrs.
Name & Address of Employer U Sell Employed Oates (from-to) Name & Address of Employer O Self Employed Oates (from-to)
Page 1 of 4
Describe Other Income Notice: Allmony, chlld support, or separate maintenance Income need not be rovealed If the Borrower (8)
B/C or Co-Borrower (Cl does not choose to have It conslderod for reoavlna this loan. Monthlv Amount
B Social Securitv/Disabilltv Income X 115% s 1798.00
Acct. no.
Alimony/Child Support/Separate Maintenance $
Other Assets (itemize) $ Pavmants Owed to:
Job Related Expense (child care, union dues, etc.) $
- II:
~ Fannie Mao Form 1003 7105 (rov.6/09)
GURLA 0711
GURLA(CLS)
00 □ □
c. Land (if acquired separately) a. Are there any outstanding judgments against you? ~ 00 00
d. Refinance (Incl. debts to be paid off) 238,656.42 b. Have you been declared bankrupt within the past 7 years? 00 □
e. Estimated prepaid items 2,015.28 c. Have you had property foreclosed upon or given title or
f. Estimated closing costs
g. PMI, MIP, Funding Fee
h. Discount (if Borrower will cavl
3,539.00 deed in lieu thereof In the last 7 years?
4,585.00 d. Are you a party to a lawsuit?
e. Haveyoudirectlyorindirectlybeenobligatedonanyloanwhichresultedinforeclosure,
B~ □
□ ~
i. Total costs (add items a through h) 248,795.70 transfer of title in lieu of foreclosure, or judgment? (This would include such loans BS homo
j. Subordinate financing mortgage loans, SBA loans. home improvement roans. educational loans, manufactured (mobile)
k. Borrower's closing costs paid bv Seller homo loans, any mortgage, flnancial obligation, bond, or loan guarantoe. II "Yes: provide details,
I. Other Credits (explain) Including date, namo and address of Lender, FHA or VA case number. ii any, and reasons for lho
Lender Credit 0.00 action.) D 00 I D 00
f. Are you presently delinquent or in default on any Federal debt or
any other loan, mortgage, financial obligation, bond, or loanaiarantee?
If -Yes.· give detailS as desaibed In the pteCeding quostion. 00 0 00
g. Are you obligated to pay alimony, child support, or separate
...,,_,.,, ~
Bi
h. Is any part of the down payment borrowed?
I. Are YJU a co-maker or endorser on a note? _ __ __ _ __ _ "
j. Are you a U.S. citizen?
k. Are you a permanent resident alien?
I. Do you Intend to occupy the proporty as your primary
residence? If -Yes." complete question m below.
m.Have you had an ownership Interest In a property In the last
!
□ ~
l!l □ 00 □
□
00
Date
Loan Originator's Name (print or type) Loan Originator ldentlflcr Loan Originator's Phone Numbor (Including area code)
Michael Gracz 1160212 I StateLicense#-CA•DB01160212 630-859-7644
Loan OriglnaUOn Company's Namo Loan Origination Company Identifier Loan Origination Company's Address
DAS Acquisition Company, LLC 227262 I Stale License # • 41 D80-45971 12140Woodcrest Executive Drive, Suite 150
Saint Louis, MO 63141
My previous instructions in the above numbered escrow are hereby modified-supplemented in the
following particulars only:
A new Conventional Trust Deed loan in favor of ANPAC FUNDING CORP. OBA ANPAC
LENDING GROUP, in the principal amount of $166,500.00 bearing interest at the rate of 6.375%
per annum, for a term of 30 years. Borrower(s) signature on loan documents shall constitute full
acceptance and approval of all lender terms and conditions and shall be Escrow Holder's
authorization to comply with all terms and conditions contained therein.
All parties signing this instruction acknowledge receipt of a copy of same. All other terms and
conditions of this escrow shall remain the same.
Borrower's Signature
Settlement Date:
Disbursement Date:
Additional dates per state requirements:
Description Borrower/Buyer
Debit Credit
Financial
Sales Price of Property
Personal Property
Deposit including earnest money
Loan Amount
Existing Loan(s) Assumed or Taken Subject to _ __
Seller Credit
Excess Deposit
Proratlons/Adjustments
School Taxes from (date) to (date)
County Taxes from (date) to (date)
HOA dues from (date) to (date)
Seller Credit
Impounds
Homeowner's Insurance mo@$_jmo
Mortgage Insurance mo@$__Jmo
City/town taxes mo@S__jmo
County Taxes mo@S__jmo
School Taxes mo@$__jmo
Aggregate Adjustment
Commission
Real Estate Commission to
Real Estate Commission to
Other
Payoff(s)
Lender: Payoff Lender Co.
Principal Balance($ amount)
Interest on Payoff Loan ($ amount/day)
Additional Payoff fees/Reconveyance Fee/Recording
Fee/Wire Fee
Miscellaneous
Pest Inspection Fee to
Survey Fee to
Homeowner's insurance premium to
Home Inspection Fee to
Home Warranty Fee to
HOA dues to
Transfer fee t o Management Co.
Special Hazard Disclosure
[Utility] Payment to
Assessments
School Taxes
City/town t axes
County Taxes/County Property taxes
Buyer Attorney fees to
Seller Attorney fees to
Debit Credit
Subtotals
Due From/To Borrower
Due From/To Seller
Totals
Acknowledgement
We/I have carefully reviewed the ALTA Settlement Statement and find it to be a true and accurate statement of all receipts
and disbursements made on my account or by me in this transaction and further certify that I have received a copy of t he
ALTA Settlement Statement. We/I authorize _ _ _~t~it~le~co~m=p=a~n~y~n=a~m~e~_ to cause the funds to be disbursed in
accordance with this statement.
Barry Borrower
Barbara Borrower
Escrow Officer
Borrower #3:
Manner of Title:
AKA: POA:
Borrower #5:
Manner of Title:
AKA: POA:
Borrower #6:
Manner of Trtle:
AKA: POA:
Prior Address:
Sellers:
Loan closing in the name of: ANPAC FUNDING CORP. D/B/A ANPACT LENDING GROUP, A CALIFORNIA
CORPORATION
Address: 1401 COVE STREET, SUITE 100, NEWPORT BEACH, CALIFORNIA 92660
Condo/PUD name:
PUD description: COVENANTS, CONDITIONS & RESTRICTIONS OF RECORD
Trustee address(es): 1401 COVE STREET, SUITE 100, NEWPORT BEACH, CALIFORNIA 92660
CLOSING INSTRUCTIONS
You are engaged to close this loan in accordance with these Closing Instructions. If there are any
discrepancies; if any of the closing conditions and/or requirements cannot be met; or if the loan does
not close as scheduled contact the Lender immediately and return funds disbursed by Lender unless
Lender has extended closing in writing.
You may not impose any additional charges on the Lender's behalf without obtaining the Lender's
prior approval.
The following are lender closing conditions to be satisfied prior to loan closing. If you have any
questions about any of these conditions, please contact the lender as soon as possible. Please
collect the required document(s) and fax to the lender for lender's approval prior to closing.
Brokers checks will be held, in all wet funding states, until Funder has confirmed receipt of all original
documentation.
NOTE: Any changes to the terms of the closing must be prior approved by ANPAC lending, if not the
Closer and/or Title may be liable.
Page 1 of 4
Section V RESCISSION
_X__ Deliver 2 copies of Notice of Right to Cancel to each person whose ownership in their
principal residence will be subject to the Security Instrument.
_x__ Deleting or removing an existing mortgagor from title as a direct result of this transaction
requires the removed mortgagors signature on the Notice of Right to Cancel.
_X__ Closer is required to add a date that is 3 days after the date the borrower signs the
Notice of Right to Cancel form in the "How to Cancel" section of the Notice of Right to
Cancel form.
_x__ Obtain an acknowledgement of receipt from each person receiving a Notice of Right to
Cancel.
_x__ Prior to disbursing the loan on the Closer must reconfirm with all parties to the
transaction, including the ANPAC Lending under that the ANPAC Lending loan is to
close.
Section VI TAXES/ASSESSMENTS
_x__ Obtain tax certificate or other evidence of payment indicating payment of all real
estate taxes due and payable at time of closing.
_X__ Obtain tax certificate, a signed statement from an authorized representative of the
assessment district or other evidence of payment indicating payment of all special
assessments or special district taxes due and payable at closing, together with an
assumption of liability for all special assessments or special district taxes not yet due
and payable. Collect a statement from the water and/or sewer district or other evidence
of payment indicating payment of all water and sewer charges due and payable.
_X__ Record the following documents with the Clerk and Recorder of LOS ANGELES County
State of CALIFORNIA order and within the necessary timeframes for issuance of a Title
Policy meeting Lender's closing conditions/requirements.
Specific Power of Attorney for Seller
Deed from Seller vesting title in Borrower
Specific Power of Attorney for Borrower
Security Instrument, with any Riders
Assignment to ANPAC FUNDING CORPORATION
Return address for Security Instrument and any Riders sent for recording
should be: ANPAC FUNDING CORP. D/B/A ANPAC LENDING GROUP
1401 COVE Street, Suite100, Document Control Newport Beach, CA 92606
Return address for assignment sent for recording should be:
ANPAC FUNDING CORP. D/B/A ANPAC LENDING GROUP 1401 COVE
Street, Suite100, Document Control Newport Beach, CA 92606
Return address for Borrower's Power of Attorney sent for recording should
be:
Return address for Seller's Power of Attorney sent for recording should be:
_X__ When the transaction Is a resclndable transaction, do not disburse and/or deposit
any funds until the expiration of the rescission period. The Closer must reconfirm
with all parties to the transaction, including the ANPAC Lending Funder that the ANPAC
Lending loan is to close.
_x__ Funds for this transaction shall be delivered in the form of a wire transfer. If funds are
not disbursed within 48 hours of receipt said funds must be returned to Lender
and may be subject to penalty.
_x__ Broker checks wlll be held, In all wet funding states, until Funder has confirmed
receipt of all original documentation.
_X__ If an invoice is provided, disburse directly to the service provider as instructed on HUD-1
Settlement Statement.
_x__ Within 48 hours of funding the following documents must be delivered to lender by next
day overnight at: AN PAC lending Group 1401 COVE Street, Suite 100, FUNDING
Newport Beach, CA 92606
_x__ When the transaction is a rescindable transaction all loan documents must be returned
and reviewed by the lender prior to funding.
NOTE: All documents must show signatures and dates. All signatures on
documents must exactly match names as typed and as appear In recorded
documents. All documents must be signed In person, after you have
obtained proper Identification, and signatures must be acknowledged by a
notary public if there Is an acknowledgement block Included In a
document.
Page3of 4
_x_ _ Certified copy of Specific Power of Attorney for Borrower & Seller, as
applicable
X Original HUD-1 Settlement Statement with 2 certified copies
-x-- Original Buyer/Seller Statements Lien Affidavit
x Copy of Payoffs
X Copy of Tax Information Form
X Copy of Tax Agreement(s) and Tax certificate.
On , I/we have closed this loan in accordance with these Closing Instructions. In
addition, all required documentation is included in this closing package.
BY: Title
Page 4 of 4
BORROWER
1277 ANYWERE STREET
ANY CITY, AS 00000
We (Lender) require that you (Borrower) maintain private mortgage insurance ("PMI") in connection with
your mortgage loan. PMI protects lenders and others against financial loss if borrowers default. Federal law
provides that, under certain circumstances, you may have the right to cancel PMI. Federal law also
establishes when PMI must be terminated. This Disclosure describes those cancellation and termination
rights.
Please note that PMI is not the same as property/casualty insurance, which may protect you against damage
to your property, and cancellation or termination of PMI does not affect any types of insurance.
I. BORROWER CANCELLATION.
You have the right to request cancellation of PMI at any time on or after:
(1) the date on which the principal balance of the loan, based solely on the amortization schedule then in
effect, is first scheduled to reach 80% of the original value of the property securing the loan. [If your
mortgage loan is a balloon loan, this date may not be reached before your loan matures.]; or
(2) the date on which the principal balance of the loan, based solely on actual payments made, reaches 80%
of the original value of the property securing the loan.
"Original value" means the lesser of the sales price or the appraised value of the property securing the loan.
If this is a refinance loan, "original value" means the appraised value relied on by us to approve your loan.
PMI shall then be cancelled if you meet all of the following requirements:
(I) You must submit your cancellation request in writing to the servicer of your loan.
(2) You must have a good payment history on your loan. "Good payment history" means that you have not
made a mortgage payment that was 60 days or longer past due during the 24 months preceding the later
of the cancellation date or the date of your last cancellation request and that you have not made a
mortgage payment that was 30 days or longer past due during the 12 months preceding the later of the
cancellation date or the date of your cancellation request.
(3) You must be current on your mortgage loan payments as required by the terms of your mortgage loan.
Page I
(a) evidence that the value of the property securing the note has not declined below its original value;
and
(b} certification that you do not have a subordinate lien on the equity in the property.
2. AUTOMATIC TERMINATION
If you are current on your mortgage Joan payments, PMI wiJI automaticaUy terminate when the principal
balance of your loan is scheduled to reach, based solely on the amortization schedule then in effect, 78% of
the original value, unless you wilJ earlier reach 75% of the original appraised value of the property. [If your
mortgage loan is a balloon loan, this date may not be reached before your loan matures.) If, on that date,
you are not current on your mortgage loan payments, PMI wiJI automatically terminate on the first day of
the first month after the date on which you become current.
3. EXEMPTIONS
There are certain exemptions to the right to cancellation and automatic termination of PMI. These
exemptions relate to certain mortgage loans with higher risks associated with the extension of credit. These
exemptions do not apply to your loan transaction.
4. STATELAW
If your property is located in California, Minnesota or New York, state law may require that PMI on your
loan be terminated earlier than the Borrower Cancellation and Automatic Termination dates described
above. If you have any questions about the applicability of state law to PMI on your loan, please contact the
servicer of your loan.
BARRY BORROWER
BARBARA BORROWER
Page2
section 2.
Joseph to Napoleon.
Madrid, May 18, 1812.
Sire,—Il y a aujourd’hui un mois et demi que j’ai reçu la lettre du
prince de Neufchatel en dâte du 16 Mars dernier, qui m’annonce que
votre majesté impériale et royale me confiait le commandement de
ses armées en Espagne, et me prévenait que les généraux-en-chef
des armées du Nord, de Portugal, du midi, et de l’Arragon recevaient
les ordres convenables.
Depuis cette époque il m’a été impossible de remplir les intentions
de V. M. impériale et royale. Le général-en-chef de l’armée du nord
s’est refusé à m’envoyer aucune rapport disant, et écrivant qu’il
n’avait aucun ordre à cet égard. M. le maréchal commandant en chef
l’armée du midi n’a encore répondu à aucune des lettres que je lui ai
écrites ou fait écrire depuis cette époque. M. le maréchal
commandant-en-chef l’armée d’Arragon ne m’envoye aucune
rapport, et reste entièrement isolé de moi. M. le maréchal
commandant-en-chef l’armée de Portugal m’a fait beaucoup de
demandes auxquelles il savait parfaitement que je ne pouvais
satisfaire, comme celles des troupes de l’armée du nord, des vivres,
&c. Sa conduite est tellement indécente qu’elle n’est pas
concevable. V. M. I. et R. pourra en juger par mes dépêches au
prince de Neufchatel.————Sire, en acceptant le commandement
des armées françaises à l’époque ou je l’ai reçu, j’ai cru remplir un
devoir que tous les liens qui m’attachent à V. M. I. et R. et à la
France m’imposaient parceque j’ai pensé pouvoir être utile, mais
j’étais persuadé que V. M. I. et R. me confiant un dépôt si précieux
les généraux-en-chef s’empresseraient d’obéir à la volonté de V. M.
Il n’en est pas ainsi, je m’adresse donc à elle pour qu’elle veuille
bien écrire ou faire écrire aux généraux-en-chef qu’elle est sa
volonté pour qu’elle leur fasse déclarer que leur désobeissance à
mes ordres les mettrait dans le cas d’être renvoyés en France où ils
trouveraient un juge juste mais sévère dans V. M. I. et R. Si V.
majesté ne trouve pas le moyen de persuader à ces messieurs que
sa volonté est que je sois obéi, je la supplie de considérer que le role
auquel je suis exposé est indigne de mon caractère et du nom de V.
M. Si la guerre du nord a lieu, je ne puis être utile ici qu’autant que je
suis obéi, et je ne puis être obéi qu’autant que ces messieurs
sauront que j’ai le droit de les remplacer; je ne puis infliger, moi,
d’autre punition que celle là à un général-en-chef. Si je ne suis pas
obéi, et que V. M. aille au nord, l’Espagne sera évacué
honteusement par les troupes impériales, et le nom que je porte
aura présidé inutilement à cette époque désastreuse.
Le mal est grand, mais il n’est au-dessus ni de mon devouement
ni de mon courage. C’est à votre majesté à les rendre efficaces par
la force dont il est indispensable qu’elle m’entoure; le salut des
armées impériales et de l’Espagne independent.
No. VI.
TA R I FA .
[The anonymous extracts are from the memoirs and letters of different
officers engaged in the siege. The Roman characters mark
different sources of information.]
section 1.
A.
“As to the numbers of the French; the prisoners, the intercepted
letters, the secret information from Chiclana, all accounts, in fact,
concurred in stating that the troops employed exceeded nine
thousand men!”
B.
“The fact of the enemy, with eleven thousand experienced
soldiers, not having made another effort after his assault of the 31st,
&c.”
A.
“There was not, on the part of the leading French officer (an old
lieutenant of the 94th) or of his followers, any appearance of panic or
perturbation. Their advance was serene, steady, and silent, worthy of
the 5th corps, of their Austrian laurels, of their ‘vielles moustaches.’”
section 2.
B.
“At the assault general Copons himself was the only person who
shewed his head above the parapet. The precaution of outflanking
him by three companies of the 47th regiment remedied the chance of
evil, which so lamentable a want of chivalry might have occasioned,
but the knights of older times were probably better fed than were our
poor distressed friends.”
section 3.
A.
“It is necessary to advert to the 18-pounder mounted on the
Gusmans’ tower, as Southey’s History contains some strange
misrepresentation on the subject.” “The French made the 18-
pounder an early object of attack, but they did not succeed in
crushing it. Unfortunately one of the spherical case shot, not
precisely fitting its old and worn calibre, burst in passing over the
town, and killed or wounded a person in the street. This produced
some alarm and complaint amongst the inhabitants for a moment,
and in the first feeling of that moment, Skerrett, with characteristic
impetuosity, directed the gun to be placed ‘hors de service.’ There
was no ambiguity in his command, ‘Let it be spiked.’” “Had he
referred the case to the commanding officer of artillery, the order
would not have been executed, means would have been found to
remove the first impression and tranquillize the people, without the
sacrifice of the gun which might have added materially to the
offensive powers of the garrison, particularly if the siege had been
prolonged.”
B.
“On the 29th of December, colonel Skerrett with a rare activity,
dismounted a 32-pound carronade, that looked into the enemy’s
batteries at the distance of about four hundred yards, and he
succeeded in spiking and knocking off the trunnion of an 18-pounder,
borrowed from the Stately. This gun was mounted on the tower of
the Gusmans.”
A.
“At the crisis produced by Skerrett’s desire to retire from the town,
and desire to leave the island also, general Campbell sent express
instructions that the town should not be abandoned without the
concurrence of the commanding officers of artillery and engineers;
and accompanied these instructions with a positive command that
every officer and soldier belonging to Gibraltar should, in future, be
stationed in the island, to insure at all events the preservation of that
port.”
section 4.
section 5.
(Extracts.)
Ditto to Ditto.
“February 25, 1812.
“I have already, in my letter of the 1st instant, stated to you my
opinion regarding Tarifa, I do not think that captain Smith’s letter
throws new light upon the subject. The island appears still to be the
principal point to defend, and the easiest to be defended at a small
expense and risk of loss. Whether the town and the hill of Santa
Catalina can be made subservient to the defence of the island
depends upon circumstances upon which it would be possible to
decide only by having a local knowledge of the place. It is very clear
to me, however, that the enemy will not attack Tarifa in this spring,
and that you will not be called upon to furnish troops to garrison that
place so soon as you expect. If you should be called upon either by
the Spanish government or by the governor of Gibraltar you must
decide the question according to the suggestions which I made to
you in my despatch of the 15th instant. If you should send a
detachment from Cadiz at the desire of the Spanish government for
purposes connected with the operations of general Ballesteros, I
conceive that the governor of Gibraltar has nothing to say to such
detachments, if you should send one to Tarifa at the desire of the
governor of Gibraltar, or of the Spanish government, it is better not to
discuss the question whether the detachment shall or shall not obey
the orders of the governor of Gibraltar. He has occupied Tarifa
permanently, and he is about to improve the defences of the place
which he conceives to be under his orders; but, according to all the
rules of his majesty’s service, the senior officer should command the
whole. I have nothing to say to the division of the command of the
island and town of Tarifa, which I conclude has been settled by the
governor of Gibraltar.”