Posted by rouj on 10/4/04 10:58am
Msg #9286

Borrowers Affidavit - Not US Citizen

I just did a signing and the owners affidavit contained a statement that said that the borrower is a US citizen. The borrower was to swear to this and the other statements on the affidavit and I would then notarize it. The buyer informs me that he is a resident alien, not a US citizen. He has been in the Us for most of his life and is currently serving in the military. But, he is not yet a citizen. I called the SS. They told me it was OK to notarize since a resident agent is the same as a US citizen. Can anyone confirm this for the next time I run across this?

Reply by FB/CA on 10/4/04 11:42am
Msg #9291

Being a citizen is not the same thing as being a legal resident.

When you are a legal resident, you have a social security #, a green card, and you can work and live in the US.

Residents cannot vote or obtain a US passport.

It is NOT the same thing. I obtained my citizenship about 7 years ago, so I went through the process and know the distinction between the two.

That borrower was not a US citizen if he specifically told yo uhe is a legal resident alien. I have no idea why the SS would make such an obvious mistake in telling you that a resident is the same thing as a citizen. That notarized document contains a lie; and one the borrower knew was a lie (that's why he clarified that he was a resident, not a citizen) and I wonder what the ramifications would be if this came to light.

FB/CA http://www.berys.com

Reply by PAW Notary Services on 10/4/04 11:52am
Msg #9295

Resident alien is NOT the same as a US Citizen. When ever that situation comes up, usually title allows the borrower to line through the statement and initial it.

Whenever there is an error in the documents, whether or not corrected by the borrowers, I always annotate it on my worksheet and attach a note explaining the error and/or correction and the reason. Never have had any problems doing it that way.

Reply by rouj on 10/4/04 12:02pm
Msg #9297

Thanks for the feedback. This signing service requires that you call in before making any changes. I asked if it was OK to line through the part in error and add that he is a resident alien. They said it wasn't necessary, that for the lender's purposes, they are the same. I should have gone with my first inclination.

Reply by PAW Notary Services on 10/4/04 1:07pm
Msg #9306

>>>for the lender's purposes, they are the same. <<<

Well, they aren't the same, for anybody's purposes. Ask them if a loan is the same as a grant. I'll bet they won't offer the funds as a grant.

As a notary, you typically cannot notarize a document you know to be false. (Check your state statutes.) So even if the borrowers signed the affidavit, you know a statement on that affidavit to be false, therefore you cannot notarize the document.

Even if the SS said to leave it the way it is, I would "suggest" to the borrowers that they are signing, UNDER OATH, that the statements in the document are true an accurate. If there is something that is not true and accurate, they either cannot sign or they will need to make the statements true. If you had not been told that they are Resident Aliens and not Citizens, and went ahead and signed, you would be okay because it is the signer that is swearing (or affirming) to the contents. You are the vehicle of the oath as evidenced by the jurat.

Reply by Julie-MI on 10/4/04 8:06pm
Msg #9320

..."Ask them if a loan is the same as a grant."


That was the BEST line I have ever heard in this business!

Take a bow, Paul! I wish I had thought of that.

Reply by HisHughness on 10/4/04 10:48pm
Msg #9324

Julie-MI applauded:

***That was the BEST line I have ever heard in this business! Take a bow, Paul!***

I just gotta work harder.

Reply by OTice on 10/5/04 1:16pm
Msg #9347

Next time even if the President of the SS says its okay. DON'T DO IT. Creating a false oath is a criminal offense and they won't be losing their license or being fined or even going to jail. But YOU COULD!!! I have had to back off signing companies and lender's that wanted me to lie in some form. Remember this whole business is based on TRUTH.