Posted by Calnotary on 2/16/09 11:23am
Msg #277652

Certification by Settlement Agent

What do you think of this: I have this ID affidavit that was return by escrow saying that I need to sign it.


CERTIFICATION
(By Settlement Agent)

The undersigned hereby certifies that the information provided in the above affidavit exactly matches the identifying information provided by borrower to the notary public at closing.

____________________________
Settlement Agent


I left it without signing because I thought it wasn't for me. But apparently this escrow wants me to sign it.

Reply by Lee/AR on 2/16/09 11:35am
Msg #277654

The way it's written, I'd agree with your conclusion. Don't you wish they'd say what they mean or mean what they say?

Reply by davidK/CA on 2/16/09 11:52am
Msg #277656

You are NOT a Settlement Agent, you are a Notary Public. Your job is to identify and witness in accordance with state law, not to "close" the loan.

Ii would appear that what you are being asked to do is write down the particulars of the signor's identification used by you to establish identity and then sign it. The words "Settlement Agent" should be crossed out and the words "Notary Public" should be written below the signature line. Then you can sign the document, (I would also indicate the date signed) but DO NOT imprint your notary seal on the document as you cannot Notarize your own signature.

Then you have provided the necessary information to the title company about the signor's identification without establishing a legal liability for yourself as being a "Settlement Agent" without holding a license as such.

Obviously it is a badly worded form produced by incompetent title company employees who do not understand the legal role Notaries Public play in the signing process.

Reply by CaliNotary on 2/17/09 3:19am
Msg #277727

"The words "Settlement Agent" should be crossed out and the words "Notary Public" should be written below the signature line. "

WRONG. The only time you can sign in the capacity of a notary public in CA is on notarized documents.

In these situations I use the title "signing agent".

Reply by jba/fl on 2/17/09 5:54am
Msg #277730

I use: Ms. or Witness

Makes sense to me. If I put Notary Public, then it looks like I forgot to stamp.

Reply by rouj on 2/16/09 11:43am
Msg #277655

I would line through settlement agent and write in notary signing agent and sign it.

Reply by Les_CO on 2/16/09 11:57am
Msg #277657

Ditto! Altho I just write in "Notary Public"

Reply by Calnotary on 2/16/09 12:03pm
Msg #277658

Thank you for all your replies, but I think I should just cross out the settlement agent and write signing agent, because I m verifying the borrowers ID in the capacity of signing agent.

Reply by PAW on 2/16/09 12:07pm
Msg #277659

You are correct; change Settlement to Signing

As you said, you are acting in the capacity of a signing agent, not a notary public, nor as the settlement agent. Therefore, I would also cross out "Settlement" and replace it with "Signing".

Reply by BrendaTx on 2/16/09 12:49pm
Msg #277662

I'm not that sure of what a "signing agent" really is in this context. The more I ponder it, the more I don't know if "agent" is ever a good word to use without actual agency relationship.

They just want a signature there verifying that someone checked the id.

I think they'd be satisfied with you just lining through Settlement Agent and printing your name and if you wanted to, add "Notary Public".

Reply by Lee/AR on 2/16/09 1:03pm
Msg #277664

I agree with you, Brenda. "Notary Public" is my preferred designation. Agent has never struck me as being a good word for what we do. I do realize this is a minority opinion.

Reply by SharonMN on 2/16/09 1:24pm
Msg #277667

I would sign this, crossing out settlement agent and replacing it with signing agent. This isn't something the settlement agent would be able to sign, since I'm the one seeing the ID. However, this type of certification isn't an allowed notary act in my state, so I wouldn't use "notary public" either.

Reply by Calnotary on 2/16/09 1:27pm
Msg #277668

I agree with Sharon and Paul, that you use notary public only when you are actually notarizing a signature.

Reply by Mung/CA on 2/16/09 1:37pm
Msg #277671

I don't sign them and it's never been a problem.............

I don't like the idea of crossing stuff out personlly. Like we all know we are notaries/signig agents but not settlement agents.

Reply by Mung/CA on 2/16/09 1:42pm
Msg #277672

Nevermind my post. Didn't read through. n/m

Reply by PAW on 2/16/09 1:36pm
Msg #277670

In contract law, the term "agent" is generally defined as, "One who undertakes to manage some affair to be transacted for another, by his authority on account of the latter, who is called the principal, and to render an account of it." Since there does exist a contractual arrangement, either directly or indirectly between the title company, lender and NSA, the term "agent", impo, is very fitting. In a stricter sense, the "agent" can bind the principal to a transaction. Since the NSA is validating the execution of a contract on behalf of the title company and lender, the NSA is acting as an agent in that regard. West's Law states, " [An agent is] One who agrees and is authorized to act on behalf of another, a principal, to legally bind an individual in particular business transactions with third parties pursuant to an agency relationship."

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This post is strictly the opinion of the author and may not reflect the opinion of the management nor of any other user of this forum.

Reply by Susan Fischer on 2/16/09 2:39pm
Msg #277678

Bren and PAW - How about the ever-popular Travel Agent?

I would liken that to we "signing" agents...yes? Not that the work is even similar, but in the abstract use of "agent."

Reply by Les_CO on 2/16/09 6:01pm
Msg #277703

I agree with Paul, as to the possibility that we NSA’s, or whatever we are called, may indeed have some legal obligation to the parties, as far as “agency” is concerned; and it worries me.
I am however a legally commissioned “Notary Public,” although not acting as such when signing that form. I use it as a ‘title.’ I’m not licensed, or commissioned as a “Signing Agent” anywhere. I’m “certified” as such by some, but I rarely mention it. I suppose to be on the safe side I should either not sign this form, (and listen to Title whine) or line though ‘settlement agent’ simply sign it?

Reply by JanetK_CA on 2/16/09 9:26pm
Msg #277718

That may be true, however in some states, including CA (and it appears MN?), the state law specifically prohibits use of the title "Notary Public" for any purpose other than the notarization of signatures. I wish there was something better than signing agent, but for lack of any better alternative, I also usually just cross out the word "settlement" or "closing" and substitute "signing".

Reply by sue_pa on 2/17/09 5:53am
Msg #277729

I also fail to recognize how individuals can't separate their notarial duties and their 'signing agent' duties and seem to feel they are the same.

I personally have never done a 'signing' and I have never referred to myself as a 'signing agent' ... two terms I absolutely detest so I surely don't use it. In cases like this, I cross out and write "witness".

Our dear friend, Janet L., used to say ... I don't care what they call me ... as long as they call.

Reply by Les_CO on 2/17/09 9:26am
Msg #277744

I don’t think there is probation of use of the term/title “Notary Public” except in regard to a notarial act in Colorado. We can’t use the term “Notario,” implying to some that we can do something we can’t. I think I like sue_pa’s, suggestion to use the term “witness” best.

Reply by Lee/AR on 2/17/09 1:27pm
Msg #277771

Yep, me, too. Witness it is from now on. Old Dog/New Trick n/m

Reply by JanetK_CA on 2/17/09 7:11pm
Msg #277813

I like it! Thanks!!! (and so agree with Janet L!) ;>) n/m

Reply by NCLisa on 2/16/09 4:31pm
Msg #277690

I write in Notary Signing Agent or NSA

as my duties at a closing are far more than that of a notary public.

Reply by Julie/MI on 2/16/09 7:32pm
Msg #277711

no biggie

It's an id aff. You are the one that checked the id, it's not like they were asking you to sign the hud as settlement agent.

I sign id affidavits, as settlement agent, all the time because "settlement agent" in this sense only means the person that matched the id to the signer.

Reply by Gary Boehm on 2/16/09 8:56pm
Msg #277716

Certification by Settlement Agent

Most of the packages I see have at least one page where I see that I am supposed to enter the identifying documents information (Driver's License, etc) and sign that I am certifying the identity of the borrower as such. Most of the time the signature line has either "Settlement Agent" or
"Closing Agent" under it. I just cross out "Settlement" or "Closing" and write "Signing" and then sign it. I figure if somebody 'up the line' doesn't like it tough because I'm not going to sign as something I am NOT!