Posted by MW/VA on 5/31/13 8:47am
Msg #471796

This week seemed to be "problem week". I arrived at a

signing yesterday afternoon to find that the borrower has ALS. He's mentally aware, but physically wouldn't have been able to sign all the docs. Called the tc & they called the lender. The lender wasn't aware, of course. Mrs. does have a POA, so it will need to be approved by the lender & docs re-drawn using the POA.
It's these situations that remind me how important experience & the ability to handle difficult situations is. I can't imagine a newbie having a clue on how to handle something like this.

Reply by 101livescan on 5/31/13 9:01am
Msg #471797

I know this happens often...BofA finally redrew docs I had putting a new wife on title, with her maiden name since she had not taken borrowers name, as non borrowing applicant. Vested only.

Why are they the last to know? How about getting a copy of their Photo ID from the get go.

Your situation: POA only way to go. Should have been brought up by the wife, don't you think?

Ultimately, the costs of these flaws is passed on to?

Reply by MW/VA on 5/31/13 9:06am
Msg #471798

IMO these matter show up at our end, because we have

physical contact with the client. Otherwise, the lender only knows what they do or don't tell them. In this case, I think they are so involved in taking care of him & making plans to move to a different house with better handicap facilities for him that it just didn't occur to them. Of course, he would have preferred to sign for himself, but I don't think the lender would have accepted the "scratch" he might have been capable of making. My heart went out to them.

Reply by Notarysigner on 5/31/13 10:15am
Msg #471807

Re: IMO these matter show up at our end, because we have

Agree about the "newbie statement" in OP.

Yesterday I went to a longterm care facility to notarize a request for a POA. The affiant was a gunshot victim who had been paralyzed and in the facility for over twenty years. I spoke to him, told him why I was there and what I would be doing. (using creditable witnesses he knew, he had no acceptable I.D).
Everything was fine until it became time to sign. His whole demeanor change, became irritable. I asked him if he wanted to do it, he said (mumbled) no. That's all I needed to know, I didn't do it.

Reply by ToniK on 5/31/13 10:38am
Msg #471810

Re: IMO these matter show up at our end, because we have

Signature by mark. In my title license class we learned about that. Could've come in handy.

Reply by ToniK on 5/31/13 10:39am
Msg #471811

Re: IMO these matter show up at our end, because we have

Signature by mark. In my title license class we learned about that. Could've come in handy.

Reply by Linda_H/FL on 5/31/13 10:59am
Msg #471817

Not if the signer gets agitated about signing and

flat out says "no" he doesn't want to sign.

I'm surprised that in a facility for 20 years this guy hasn't had a POA in place yet. James, I think it's a good thing you walked - how much you want to bet there's court orders in place to take care of this guy?

Reply by Notarysigner on 5/31/13 1:18pm
Msg #471836

Re: Not if the signer gets agitated about signing and

Correct Linda, something wasn't right. Thanks to that sixth sense that hit this OG when necessary!

Reply by snowflake/PA on 5/31/13 9:11am
Msg #471800

I had a similar situation years ago with a reverse. Arrived only to find Mrs. Bo wheelchair bound, bib around her neck with constant drooling. She was aware, unable to speak, and unable to sign. Wasn't able to hold the pen. Called hiring entity. They asked me if she could just sign with an "x". Very politely said in BOs presence, "I have a lovely woman before me who is not able to sign in any manner." We had to adjourn. I honestly don't know if it was ever redrawn with a POA. I never received a call to return.

Wish LOs were a bit more astute about obtaining info and asking questions up front.

Reply by notarydi/CA on 5/31/13 9:26am
Msg #471803

yes, it has been a problem week......

about a week ago, I was doing a signing, handed the Mrs. the lender form regarding "nothing has changed in your financial status or employment"....failure to disclose is fraud, blah, blah, blah....she looks at me and says, "Is it a problem that I quit my job two weeks ago and I'm unemployed? I don't think I should sign this as it would be fraud."

Couple of days ago met Mr. borr at a restaurant to sign docs. Loan is structured that he is on loan and Mrs. is only on title. Of course, he did not bring Mrs. to restaurant as LO had told him there was nothing for Mrs. to sign. And, yet, there is a DOT, TIL, RTC, etc. He wanted to verify with escrow that his wife really did need to sign, and then I ended up sitting there waiting while he went home and brought wife back.

All I can say is thank goodness it was a day that I had time for the numerous phone calls to straighten this stuff out.......

on that note, I am adopting a positive attitude for the day and a prayer for "no problem" signings today!

Reply by notarydi/CA on 5/31/13 9:28am
Msg #471804

my above post was two seperate problem signings... n/m

Reply by Philip Johnson on 5/31/13 1:39pm
Msg #471844

How do you get to be an oldie, if never a newbie?

Thomas Paine said common sense is not so common, I am pretty sure that most if not all notaries in the commonwealth would have come to the same decision.

Congratulations on that healthy self esteem you have, and am still perplexed why this board has such disdain for those who started in this business sometime in the last 5 years or so.

Reply by Alice/MD on 5/31/13 3:06pm
Msg #471859

Thanks Marilynn for sharing your experience with an oldie

I will for sure, refer back to how you handled the same situation in the future. For sure, I will experience the same situation in the future.

Reply by MW/VA on 5/31/13 3:21pm
Msg #471864

It all worked out. I was called for a reschedule on Monday

with the POA. The tc & lender moved quickly to get it resolved under the circumstances. :-)