Posted by Bob, Ca on 7/30/04 6:45pm
Msg #5252
Notarizing
I am newbie, as we are called. I read this board 24/7. Question: If a borrower, who happens to be a friend or someone I know, receives their docs and informs the lender that he/she prefer that I notarize the docs; Is this ok.
| Reply by Roger/OH on 7/30/04 7:00pm
Msg #5254
If you are signed up with that lender or their ss, then your friend can request you.
If you're not in their database, they may want to use one of their own notaries that they are familiar with.
| Reply by Sylvia_FL on 7/30/04 7:18pm
Msg #5255
Your friend can ask the lender if it is OK. Then it is up to the lender - or title company, as more often than not it is the title company who requests the notary.
I know I had one signing about 3 years ago, docs went to borrower. I called to verify appointment and borrower told me not to bother coming out as he had a friend who was a notary who would take care of notarizing the docs. I called the company, and they said they would call the borrower. They called and told him they could only use one of their "notaries" - so I went out and took care of the signing.
It is hardly fair though, if the notary has already accepted the appointment, and possibly turned down other work to accomodate your friend's signing.
| Reply by Bob, Ca on 7/30/04 9:13pm
Msg #5262
thanks. I was really thinking how to get around involving the signing company; and beside you are a sa capable of doing the notarizing. Just a thought.
| Reply by TJ_CA on 7/30/04 9:25pm
Msg #5263
I disagree in part that credible witnesses by law need to be known to a California notary before they can swear to the identity of a signer. If there is only ONE credible witness being used, then yes, they must be known to the Notary; however, if TWO are being used, then we need only establish their identities as we would anyone else. In addition, any credible witness used with respect to a Subscribing Witness must be known to the Notary as well.
"The subscribing witness must personally know the notary public, or if the subscribing witness does not personally know the notary, then his or her identity must be established, or proved, by a third party. That third party must personally know both the subscribing witness and the notary public. (Civil Code Section 1196) That third party is called a credible witness. Since the subscribing witness must be personally known by the notary public, or by one credible witness, paper identification cannot be used in establishing the subscribing witness' identity." (Civil Code Section 1196)
However, when TWO Credible Witnesses are used, they DO NOT need to be personally known to the Notary:
"(2) The oath or affirmation under penalty of perjury of two credible witnesses, WHOSE IDENTITIES ARE PROVEN TO THE OFFICER UPON THE PRESENTATION OF SATISFACTORY EVIDENCE [emphasis added], that each statement in paragraph (1) of this subdivision is true." (Civil Code Section § 1185)
| Reply by Sylvia_FL on 7/30/04 10:08pm
Msg #5265
TJ
I think you meant your repsonse for the other thread.
Bob was cautioning that in Illinois the credible witness needs to be known to the notary. He wasn't saying this was true in California
Think he was trying to say to check your state laws before using credible witnesses as different states have different laws - I think in some states, credible witnesses cannot be used at all.
| Reply by TJ_CA on 7/30/04 10:15pm
Msg #5267
Well I thought I hit the right reply button! ;-)
I was trying to reply to another thread wherein they stated that California notaries "interpreted" the law differently which implied that the law stated one thing but that California notaries choose to do something else -- I was just trying to clarify the fact that we can use TWO credible witnesses without having to personally know them. Thanks.
Tammy Jurgens
| Reply by Sylvia_FL on 7/31/04 12:45am
Msg #5270
Ah!
you were replying to my post I'll pop down there and clarify my statement
| Reply by Rita Capello/REGAL PARALEGAL on 7/31/04 1:14pm
Msg #5280
I'm also a newbie; in fact, so new, that I have yet to notarize something. I have all my equipment, bond, etc., but I need to know how to get started. I'm wondering if you can be of any help as to referral or how to best get started. I probably would like to start by doing loan documents and real estate related work. HELP!!!!!
| Reply by Sylvia_FL on 7/31/04 2:29pm
Msg #5285
The best way to get started is not by doing loan documents in the beginning.
A simple error on those can be costly to the borrower!
Please, get some experience with regular notary work first.
There are a lot of new notaries getting into the loan signing business, and because of so many problems a lot of companies are now doing more "babysitting" which gets irksome to the qualified signing agents.
And if you are new and unsure of what you are doing, and make errors the signing companies will be hesitant to use you again. Make sure you know exactly what you are doing first. Make sure you know your State's notary laws inside out - a lot of questions that seem to get asked are basic notary questions, which every notary should know before doing loan signings.
Just think, you are a borrower taking out in excess of a $100,000 loan at a low interest rate. The signing agent coming out to take care of your loan signing is new and unsure. He/she does the signing, sends the docs back, and then because of his/her error the docs have to be redrawn, and you have lost your lock in low interest rate! You going to sue that notary? You better believe it! Notary's bond has paid out, and now notary has to repay the bonding company back! Not a pretty scenario, but it can happen with inexperienced notaries.
However, if you are determined to go through with this without experience, do a search for signing companies and sign up with as many as you can.
| Reply by allison/mi on 8/2/04 12:13pm
Msg #5350
Re: Notarizing (stop scaring folks)
Why can't you all just tell the new person to get educated first by reading, studying taking test (whether it's NNA or Signingregistry, etc) and stop telling them to "don;t do it".
Let them make the choice after they get educated.
I studied for several months before I did my first signing and also took a notary class and did the certification... but I still may have questions, that' doesn't mean Ihave to "quit".
I've done' 13 signigns to date for 4 different companies (2 of which were title companies ) and I haven't had any problems. Stop scaring people out of this business before they get into, just because so many of you are afraid of competiton.
If I have a question, just answer it and don't give me a lecture about I need more experience. That's why i'm still studying and reading, but I still may be "stomped" on a few things, just like i'm sure most of you vets were when you first got started.
allison
| Reply by HisHughness on 8/2/04 1:11pm
Msg #5351
Re: Notarizing (stop scaring folks)
Allison wrote:
***Why can't you all just tell the new person to get educated first by reading, studying taking test (whether it's NNA or Signingregistry, etc) and stop telling them to "don;t do it".
Let them make the choice after they get educated....
I studied for several months before I did my first signing and also took a notary class and did the certification... but I still may have questions, that' doesn't mean Ihave to "quit".
I've done' 13 signigns to date for 4 different companies (2 of which were title companies ) and I haven't had any problems. Stop scaring people out of this business before they get into, just because so many of you are afraid of competiton.
If I have a question, just answer it and don't give me a lecture about I need more experience. That's why i'm still studying and reading, but I still may be "stomped" on a few things, just like i'm sure most of you vets were when you first got started.***
Allison, I've been a participant on this board for about two months and I've been a signing agent for two years, and I have to defend the veterans on this board. You're waaaaayyy off base.
The long-time signing agents I have encountered here display what to me is an astonishing amount of patience and empathy. I could not do it. The only times I have seen them suggest to someone that they consider another line of employment is when the person is obviously unequipped with even the barest fundamentals to succeed and whose prospects are doomed regardless of the time they spend apprenticing as a signing agent. Those are people whose communication skills are negligible and whose personal commitment to excellence is so lacking that they have not devoted even the scantest of effort to learning the basics of their craft.
You would be well-advised to learn from them for both your professional and your personal betterment.
| Reply by HisHughness on 8/2/04 1:20pm
Msg #5352
Re: Notarizing (stop scaring folks)
Sorry to bifurcate this message, but I just went back and read the entire thread after I had posted the first repoly.
Allison, this thread is an excellent example of exactly what I was talking about. The first part of it contains messages in which the veterans were patiently assisting some newcomers with specific questions. The second part of it relates to a newcomer who had done little to prepare herself to be a signing agent, much less a notary. She was advised to first gain some experience as a notary, then try being a signing agent. The lady who gave her that advice, Allison, teaches new notaries in her state -- hardly someone who is fearful of the competition.
You would be well-advised to look before you lip.
| Reply by Roger/OH on 8/2/04 4:34pm
Msg #5363
Re: Notarizing (it's a reality check!)
Allison, Sylvia's/Hugh's responses are right on. Too many people have become notaries only because it's required to be a signing agent. Sylvia's critical point is that we are all notaries first and signing agents second; if you don't have your notary stuff down cold, you cannot succeed as a signing agent. It's not to say don't do it, but rather be sure you have all your ducks in a row before taking the plunge, as there is a lot at stake for all involved. Those freshly minted notaries that come out of the NNA seminars with visions of easy money requiring little experience are getting a harsh dose of reality when they get into the real world of signing (see "no work" thread above). Some will say "Hey, I'm certified" before they have ever put pen to paper on their first signing; certification means NOTHING until you have some experience to back it up. Those of us that have been around for awhile are not worried about the "competition"; our work has and will continue to speak for itself. We're not trying to scare anyone off, just give practical advice that new folks may not be aware of. Again, the point is to get some notary experience before attempting the many and varied complexities of loan signings -the commission you save may be your own!
| Reply by BrendaTX on 8/2/04 5:09pm
Msg #5364
Re: Notarizing (stop scaring folks)
Allison, (if that is your name): Most of the notaries on this board are very good people who will try to explain to you nicely why you are out of line. I feel differently about this post because it sounds like bull. You have made a few statements that tipped me off to the end that I question whether or not you have ever signed a loan. You sound more like a flamer than a signing agent.
I do not believe you. My BS detector has a big red flasher going off.
The real purpose of your post has nothing to do with communicating about notary work, or to network with other notaries.
Anytime a poster sounds as unteachable as you do, it is obvious to me that the poster has nothing real to contribute and is actually looking for attention. So, here's a little bit of that needed attention from me and I am hopeful that it will give you enough of a charge to meet that need.
As smart and confident as you seem to judge yourself to be as a signing agent, you will not care whether or not I have misjudged you and will not respond to this post.
| Reply by HisHughness on 8/2/04 5:45pm
Msg #5368
Re: Notarizing (stop scaring folks)
Brenda piquantly observed:
***Anytime a poster sounds as unteachable as you do, it is obvious to me that the poster has nothing real to contribute and is actually looking for attention.***
Brenda, I'm reluctant to say this, but you need to stop pulling your punches. You don't help these people if you beat around the bush and go all wishy-washy. Stand up, and say what you really want to say. If someone seems incapable of learning, just come right out with it. Don't leave us all in suspense.
No more of that sweet Southern belle stuff, okay?
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