Posted by Paula/CA on 11/27/04 9:31pm
Msg #12106

Mexican Docs

I work for a mortuary, alot of my notary jobs will be for families who are sending theie loved ones to Mexico to be buried. if i dont speak the lanagage and they dont speak english and they know what they are signing and there is NO property involved can I still do the signing? The singing is only to send a body over state line.

Reply by CaliNotary on 11/27/04 10:31pm
Msg #12111

Nope, you can't.

From the CA notary 2004 handbook:

"When notarizing a document, a notary must be able to communicate with their customer in order for the signer to either swear to or affirm the contents of an affidavit or to acknowledge the execution of a document. An interpreter should not be used, as vital information could be lost in the translation. If a notary is unable to communicate with a customer, the customer should be referred to a notary who speaks the customer's language. "

Reply by Joan Bergstrom on 11/28/04 1:26am
Msg #12118

Califnotary is absolutely correct and you must not get involved in Notarizing these documents. The repercussions could mean lost of your notary commission and fines.

You may notarize documents in a foreign language but you must be able to communicate in that person's language. In my case I only speak English and the person I am notarizing for has to speak English for me to go forward with the Notarization.

Here is a scenerio that could involve a notary using a translator to conduct a loan signing in Calif:
Joan Bergstrom (me) goes to the borrower's home, Mr & Mrs Chin (Chinese) and Mr Chin doesn't speak english so Mrs Chin translates all the documents to him.

Three years later the housing market goes south ( we've seen this before 1989-1997) and they owe more on their home than it is worth. They want to get out of this mortgage and consult a Real Estate Attorney and he/she asks the right questions of the Chins.

Lawyer gets in touch with me and asks me "How much Chinese do I speak?" I have a problem!!!

Reply by CaliNotary on 11/29/04 2:27pm
Msg #12204

What if?

In this particular case, it sounds like it would be the same form that would be notarized over and over again.

If there was a spanish translation of this form, and the original poster learned enough spanish to ask the person if they understand the purpose of the form, would that be ok? It seems to me that if you know that the person should be able to read the form and you can ask them in their own language if they understand it, that should satisfy the legalities of the signing.

Agree? Disagree? I really don't know the answer to this one but that occurred to me as a possible solution in this particular instance.

Reply by HisHughness on 11/28/04 3:17pm
Msg #12143

CaliNotary quotes from the 2004 CA notary handbook:

***"When notarizing a document, a notary must be able to communicate with their customer in order for the signer to either swear to or affirm the contents of an affidavit or to acknowledge the execution of a document. An interpreter should not be used, as vital information could be lost in the translation. If a notary is unable to communicate with a customer, the customer should be referred to a notary who speaks the customer's language. "***

This is bureaucracy run amok. If an interpreter is permitted in testimony in a formal, solemn court proceeding, then one certainly should be available to notaries public.

Reply by BrendaTX on 11/29/04 1:41am
Msg #12182

But, Hugh, wouldn't that put the notary at risk without the record?

Reply by HisHughness on 11/29/04 5:02pm
Msg #12218

I don't know of what record you speak, my friend. If it is the journal, the party can sign that just like they normally would. Further, a court does not have to be a court of record for an interpreter to be used. In fact, even courts of record, with the consent of the parties, often proceed without a record.

I still contend it is bureaucracy run amok.

Reply by BrendaTX on 11/29/04 5:12pm
Msg #12220

Hugh Revealed: "...Further, a court does not have to be a court of record for an interpreter to be used..."

Thank you, Hugh. You have answered my question. Either it has slipped my mind, or I am unaware of the fact that with consent of parties no record has to be taken. I take your word for it and will not pursue folly further by arguing with royalty.

My mind is like a steel trap...but, sometimes it needs a little WD-40.

Reply by HisHughness on 11/29/04 5:17pm
Msg #12221

BrendaTX comments:

***My mind is like a steel trap...but, sometimes it needs a little WD-40.***

I'm not very mechanically inclined. I was 43 years old before I discovered WD-40 wasn't a bra size. Dashed the hell out of some of my illusions.

Reply by anonymous on 1/13/05 12:20am
Msg #16538

in regards to the person who said courts use interpreters so why can't notaries. FYI court interpreters must be state certified and this is after much training, they get paid well over $265. a day regardless of how much they work and they can be liable for any inaccurate interpretation. The hourly rate for non certified interpreters in California is $45. min. You might want to network with another notary that you can call when this comes up.

Reply by HisHughness on 1/13/05 12:37am
Msg #16540

Do not construe a requirement/practice/preference/prevailing approach in your jurisdiction to apply in all 49 other jurisdictions plus the federal system. Further, you should not consture a requirement/practice/preference/prevailing approach in one court as applying universally to all courts at all levels, even in the same jurisdiction or in the same type court.

Reply by ml on 1/13/05 12:46am
Msg #16542

I speak Spanish, need some help, where are you?