Posted by NotaryGirl71 on 8/28/12 1:00pm
Msg #432259

Wish more Notaries had Integrity

Went to do a signing a few days ago and sellers only spoke a foreign language...they both looked at me and said, "No English"...but then the realtor said something to them and then looked at me and said "they speak a little".

I decided to MAYBE give them the benefit of the doubt and possibly proceed...the husband gave me his State Driver License that expired 4 years ago...it was issued 9 years ago....well, of course I could not use it.

Then the wife gave me a foreign passport NOT stamped by US Immigration...well I could not use it either.

Of course the realtor was not happy because they HAD to sign and the world was going to end if they didn't

I know in CA we can use credible witnesses but I didn't even offer this to them becuase I know this was a BAD situation and I DON'T want to be on the hook for this!!!

I know someone else helped them because I got my check today for the buyer's sign off. I can't believe the integrity of some notaries!!!

Reply by Stephanie Santiago on 8/28/12 1:29pm
Msg #432265

Please read CA notary Law that I have pasted....The issue is

ID, but the ability to speak with the signers.
NotaryGirl: It is possible a Notary that speaks the signer's language was able to notarize their signatures.
I am not sure who you speak of regarding the integrity of some Notaries.
*****I am surprised that the only issue you seemed concerned with was the ID.
From the 2012 Notary Public Handbook:
"When notarizing a signature on a document, a notary public must be able to communicate with the customer in order for the signer either to swear to or affirm the contents of the affidavit or to acknowledge the execution of the document. An interpreter should not be used, as vital information could be lost in the translation. If a notary public is unable to communicate with a customer, the customer should be referred to a notary public who speaks the customer’s language."

Reply by Stephanie Santiago on 8/28/12 1:30pm
Msg #432266

Re: Please read CA notary Law that I have pasted....The issue is

NOT the ID, but the language.

Reply by JanetK_CA on 8/28/12 11:20pm
Msg #432338

Re: Please read CA notary Law that I have pasted....The issue is

There is no way I'm taking a third person's word for the fact that they speak a little bit - especially after they themselves said "no English". Before we even got to the IDs (which I agree would be a deal breaker, too), I would have tried to have a conversation with them and told the realtor to butt out (although certainly not in those words! )

We need to be able to communicate with them directly. As Stephanie quoted, the use of interpreters is not allowed in our state. It can be very difficult to walk away in that kind of a situation, especially when one of them DOES speak sufficient English (or any other language the notary is fluent in), but it must be done.

I've had to do that a few times, but the last time had a positive ending. The couple had a friend who was a realtor and a notary, spoke their same language, and was available to come over right away. I got permission to leave the documents with them and I assume they were able to close the loan on time.

Reply by anotaryinva on 8/28/12 7:13pm
Msg #432309

Totally agree w/everyone except Steph n/m

Reply by Stephanie Santiago on 8/29/12 12:47pm
Msg #432377

While you are in Virginia, California notary Law prohibits

Notaries Public from notarizing for individuals the Notary cannot communicate with.
Signer and Notary Public must be able to speak the same language.
This was not the case.
The lack of ID, should not have been a consideration since the signing should not have gotten past the point of the Notary Public not being abler to communicate with the Signers.

Perhaps you do not agree with me because Virginia Notary Law is so very different from California notary Law; I can understand if that's where you are "coming from".

Reply by NotaryGirl71 on 8/28/12 1:35pm
Msg #432269

and this is why I said:

"I decided to MAYBE give them the benefit of the doubt and possibly proceed."

I never said that I was going to for sure proceed. I needed a minute or two to see how much English they really knew....and it was not much, so I would not have proceeded anyways.

But when presented with their ID situation it made me even more nervous about the situation.

Reply by Karla/OR on 8/28/12 4:19pm
Msg #432288

<<Then the wife gave me a foreign passport NOT stamped by US Immigration...well I could not use it either.>>

NotaryGirl thanks for posting your scenario - I respect how you handled yourself. I have not ran into that particular situation. When I do hopefully your information will come to the forefront of my brain!!!

Thanks!

Reply by LKT/CA on 8/28/12 4:54pm
Msg #432290

<<<I know in CA we can use credible witnesses but I didn't even offer this to them....>>>

GOOD!!...because their situation did not warrant CWs, which are for instances where it is difficult or impossible to get ID. My impression from your post is that they can both walk and chew gum at the same time - which means they have the ability to get current ID. If the guy has not renewed his license from 4 years ago, he probably racked up a ton of traffic tickets that remain unpaid. Possibly, the unpaid tickets have now resulted in a bench warrant, which is why he didn't both to go get a state ID. FYI to non-Californians: The CA driver's license and ID card have the same serial number.

Reply by jba/fl on 8/28/12 8:23pm
Msg #432323

The FL driver's license and ID card have the same serial number.

Reply by CJ on 8/29/12 9:59am
Msg #432359

I hate it when I am set up like that.

They had bad ID's, and they did not speak English, and the realtor is there pressuring you to just "go ahead". I have said many times, "It is ILLEGAL for me to use an interpreter". I'm sure you people have had to do the same thing.

One time, I was at a Reverse Mortgage. The RM loan officer was there. The LO reviewed the numbers and the lady said everything was fine. I noticed the man didn't say anything, sort of like a little child who sits there and is told to behave. Then the LO got on the phone and I started chatting with the couple, and I quickly figured out that the man was incompetent and had no idea what was going on about anything. I could not have a normal conversation with him. I said I could not sign them. The LO emphatically assured me that he was "ok" and competent. I felt trapped, and the pressure was on, but I did leave. (I forget how, it was a long time ago.) That company NEVER called me back. I guess they like people who do their bidding as opposed to following the law.

I agree with you: there is more going on here than just bad IDs. And they want you to risk your livihood for their little "bending the rules".

Reply by Stephanie Santiago on 8/29/12 10:23am
Msg #432364

:-) Great points CJ. Thank you.


It is more than just the IDs.

Reply by JanetK_CA on 8/29/12 2:53pm
Msg #432402

Re: :-) Great points CJ. Thank you.

I agree, too. Great points - and yes, it does feel like a set-up. They should know better - or at least try to be honest enough up front to see if there is some kind of legal solution. Instead, they're either ignorant or hoping they get the luck of the draw and end up with a notary who is ignorant or doesn't care. Sometimes I get the impression they think it's a calculated risk worth taking. Shows no consideration or respect for our time (or title's, for that matter...)