Posted by kathy/ca on 1/22/11 12:13pm
Msg #369636

Customer ID Cert form states "Closer" has reviewed ID, I am

not the "Closer", for me to sign? I am the one that "reviewed" the ID, but.....

Reply by GWest on 1/22/11 12:18pm
Msg #369637

When I get these, I usually fill out 2 forms (and have borrower sign both if applicable). I sign one, change "Closer/Settlement Agent" to Notary Signing Agent and initial. The other one is for the "Closer/Settlement Agent" to sign. Also provide copy of ID so closer can review. This way I am covered is case they require I sign.

Reply by GWest on 1/22/11 12:20pm
Msg #369639

Meant to say "I am covered in case they require I sign" n/m

Reply by BobbiCT on 1/22/11 12:19pm
Msg #369638

Two options for me ...

I, too, am not the "closer" or employee of the lender or title insurance company.

1. I know that copies of the ID have been sent or are being sent to the lender. Attach copies of the ID to the form and return it in blank.

2. I complete the form as a Notary Public. I line through, initial, and complete the form as a notary public who has viewed ID in compliance with my state laws for the performance of a notarization.

So far, Option #2 has never been rejected. If the lender/title company isn't happy, it's employee can always complete and sign a second form or, if the mortgage broker did a face-to-face application, the mortgage broker could after-the-closing complete and sign a second form.

Reply by Linda_H/FL on 1/22/11 12:44pm
Msg #369642

I line through "Closing"...print in "Signing"..initial and

sign - have never had one rejected.

Reply by parkerc/ME on 1/22/11 2:15pm
Msg #369649

I do the same...line thru, print "Signing Agent", and sign n/m

Reply by Marian_in_CA on 1/22/11 3:42pm
Msg #369654

I see these a lot of BofA refis. They always say something about how I, as a Notary, reviewed the documents. It doesn't require a notarization... just our signature.

I always cross out any reference to "Notary" and write "Signing Agent" as my title. Since I'm not acting in the role of a Notary for that form, I won't refer to myself as such. This is per California law, Gov't Code 8207, which states that a Notary cannot use the title for anything other than rendering notarial service.

Reply by kathy/ca on 1/22/11 7:19pm
Msg #369668

Marian, BUT, we still carry the title of Notary Public even

though we are not notarizing THAT particular form, hmmm, something to think about but I never quite looked at it like that before.

Reply by JanetK_CA on 1/23/11 12:10am
Msg #369693

Re: Marian, BUT, we still carry the title of Notary Public even

I do the same as Marian because our handbook states clearly that we are not allowed to use our title of Notary Public for anything but the act of notarization, which to me means that I only use my title of NP on a document that includes my stamp, as well as my signature. This is something you should have been aware of, imo.

Reply by kathy/ca on 1/23/11 2:06am
Msg #369701

Janet, I AM aware of that and have never used the title N.P.

without performing a notarization. This particular form had title options that did not apply and certainly the "Closer" option did not apply, so "Signing Agent" it is!

Reply by JanetK_CA on 1/23/11 2:42am
Msg #369705

Yep, that's what I always do, for lack of anything better. n/m

Reply by BobbiCT on 1/23/11 7:59am
Msg #369713

A different perspective ...

Not to beat a dead horse and not being a CA signing agent, I take a different view.

I am stating in writing that in my capacity as a notary public I at a minimum complied with my state LAWS to identify the signers who signatures I notarized. I don't see it as "using my title" for something other than notarization, just stating that I, in my capacity as a notary, followed my state laws.

Why? As long as there is one document in the package that requires notarization, my state laws are very specific and in writing for all notarization identification requirements; i.e., exactly the same in every circumstance and easy to defend. In CT, there is no LEGAL or statewide definition of a signing agent's duties and requirements under the law; specifically, identification requirements that a signing agent must adhere to when identifying a borrower signing documents that do NOT require notarization. If later the signer's identification is in question, I have at least my laws to refer to rather than each individual lender's after-the-fact statement of what my obligation was to identify a signer as a signing agent and their representative. I would rather get nailed by a lender or title company immediately upon receipt of the loan package that my state laws for identification to perform a notarization do not meet their requirements to identify a signer. For example, if a lender or title company specifically states that the signing agent is to "use a Social Security card" as identification (insufficient for notarization in CT), I can add that as a third ID as a lender or title company requirement. I've stated I ID'd a borrower in compliance with my state notarization laws PLUS lender's requirements, not just what the lender decided was sufficient for a signing agent. (CT is a case law state; i.e., much of the "requirements" came to be as a result of a precedent setting lawsuit.)

Sorry to be long winded. I respect the CA viewpoint and standards, non-attorneys have been "closing" loans for many more years in CA than the east coast and have more fact patterns and precedent to defend a signing agent's identification requirements.

Reply by FlaNotary2 on 1/23/11 7:27am
Msg #369712

That law needs to be re-thought

On it's face that means that you can't tell people that you are a Notary Public, your business cards can't say Notary Public, you can't have a sign on your wall saying Notary Public... You are a notary 24 hours a day whether you are notarizing or not. That's like saying that Ah-Nold can only call himself the "governor" when he is actually governing.

I understand the purpose of that law was probably to keep notaries from using the title to certify contest results, etc., but telling a notary that he can only use his title when he is actually notarizing is just not fair and stripping a notary of their right to use the official title bestowed upon them by the state, JMHO.

I am glad we don't have those restrictions in Florida. I can't go a day without talking about the fact that I'm a Notary Public.

Reply by LKT/CA on 1/22/11 7:27pm
Msg #369671

Posters write that they.....

have a "closing"........no one here is a Closer, thus they do not do "closings".......we are Signing Agents and do loan "signings"...... But, people continue to write about their "closing"....

Reply by FlaNotary2 on 1/23/11 7:19am
Msg #369711

But a lot of real estate people call NSAs "remote closers" n/m