Posted by paaz on 10/4/06 10:01am
Msg #150126
What would you charge to read the package to a blind person?
This job is through a Title Company. NNA suggests that I read every word. AZ Statues do not address this issue. Ideas please?
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Reply by thnotary_NY on 10/4/06 10:12am
Msg #150128
Tell them to call you when they have a reader. Too much liability there to get involved, regardless of the fee. Think about it.
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Reply by paaz on 10/4/06 10:13am
Msg #150129
Good advice. What would you charge if they provided the reader?
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Reply by CaliNotary on 10/4/06 12:01pm
Msg #150174
Re: What would you charge to read the package to a blind per
I would tell them that they need to get the package to the borrower before I got there. Let them have it read to them on their own time, there's no reason you should have to sit through it all.
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Reply by PAW on 10/4/06 12:21pm
Msg #150181
Re: What would you charge to read the package to a blind per
I understand your thinking, but in FL, for example, we have a problem. For blind readers, we must, by statute (F.S.A. §117.05(14)(a)), read the document to the signer. The take on this by the SOS and AG is that as long as we simply read the document and make no other comment about it, then there is no additional liability.
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Reply by Dorothy_MI on 10/4/06 10:14am
Msg #150130
At a minimum, I'd charge double because it will take 2 - 3 times as long. Plus it will take them much more time to sign. Also take several bottles of water with you!
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Reply by paaz on 10/4/06 10:26am
Msg #150132
Double the fee is what I was thinking. Thanks
I was also thinking of having reader sign a jurat and statement that they read every single word. What do you think?
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Reply by Kate/CA on 10/4/06 11:15am
Msg #150155
Have you thought of ...
just have the reader sign an entry (reader for Mrs Jones' loan documents) in your journal. I would get their ID and thumbprint, signature. That way you'll always have the information if questioned. If you have them sign a statement I would think that would boarder on UPL.
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Reply by paaz on 10/4/06 11:25am
Msg #150158
You are SOOOOOO right!!!!! Thanks for the input. n/m
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Reply by PAW on 10/4/06 12:51pm
Msg #150193
Re: Have you thought of ...
Preparing a document for you OWN USE is not UPL. UPL comes into play when you offer advice or opinions to someone else, that has a legal ramification. If you want a "reader" to sign a statement that they read the document to the signer, I suggest having it drawn by an attorney, but your use of such a statement is not UPL.
It's the same as preparing your own will or POA. It's not UPL to do so. However, preparing a document for someone else, may be UPL.
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Reply by ME/NJ on 10/4/06 12:24pm
Msg #150184
I would walk from this one, you leave yourself open. Well the Notary said, the reader said, to many loopholes.
Not worth the risk. IMHO
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Reply by PAW on 10/4/06 1:14pm
Msg #150209
Re: What would you charge to read the package to a blind per
Walking away may also leave yourself open ... to a discrimination suit! That being said, I submit that many of you are being way over-cautious. Yes, there may be some misdirected or misconstrued improprieties, assuming that the notary actually didn't do anything illegal. But what are the real chances of this happening? I suggest that it is very, very small.
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Reply by cassiewi on 10/4/06 1:19pm
Msg #150211
Re: What would you charge to read the package to a blind per
Question for you, what do you think of walking away if they don't speak english and I don't speak spanish? The loan officer would have been on the phone translating but I still don't know what he's saying.
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Reply by CaliNotary on 10/4/06 1:24pm
Msg #150218
Re: What would you charge to read the package to a blind per
Is using a translator legal in your state? In CA that wouldn't even be an option.
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Reply by cassiewi on 10/4/06 1:36pm
Msg #150226
Re: What would you charge to read the package to a blind per
My manual (brochure) states "You may proceed with the notorial act if you are certain the signer understands the content of the document and realizes the consequences of signing it. " I wish we had more extensive instruction though. 35 page brochure is not much to go on.
I turned the job down because they didn't speak english and the LO was going to be a translator over the phone. I just wasn't comfortable with it.
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Reply by cassiewi on 10/4/06 1:37pm
Msg #150227
Sorry I just realized I didn't answer your question
I found nothing in the manual that says we cannot use one. The only information I found was what I previously stated. Sorry about that.
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Reply by PAW on 10/4/06 1:40pm
Msg #150228
Re: What would you charge to read the package to a blind per
Since the notary must be able to communicate with the signer, if there is a language barrier, either the notary must obtain another notary who can directly communicate, or use an interpreter (yes, Florida allows the use of interpreters) that the notary is comfortable with. Additionally, the notary should annotate the notary certificates, and their journal if they use one, with the information about the translator.
Fortunately for us (in FL), this is covered well in our notary manual.
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Reply by cassiewi on 10/4/06 1:43pm
Msg #150229
Re: What would you charge to read the package to a blind per
Good guidelines for me to follow, even if WI doesn't state in their brochure.
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Reply by BrendaTx on 10/4/06 1:13pm
Msg #150207
First of all, I would not give the NNA's advice the weight of a popcorn f@rt.
This will take you three hours.
In Texas, I can have a reader--don't have to do it. But I will have to be present while it's read (legal opinion from attorney).
Pass on it or charge double for it, at least $275.
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