Posted by Katie on 4/20/05 7:09pm
Msg #32988

Daughter notarizing for mother

I have a customer that wants to notarize her mother's loan documents. I think she could as long as she doesn't have financial interest in the property. Is this true?

Reply by Moose-fl on 4/20/05 7:14pm
Msg #32990

Check your state laws. You cant' notarize a parent's signature in Florida.

Reply by Katie on 4/20/05 7:15pm
Msg #32992

Well I'm in California, and I can't seem to find anything in the handbook.

Reply by Ernest_CT on 4/20/05 7:57pm
Msg #32998

Don't let her do it!

Notarizing for family members falls into the category of Not Wise. Especially a parent or child.

Even if your state allows it, it is still not a good idea!

Reply by BrendaTx on 4/20/05 8:01pm
Msg #32999

There's no law against it in Texas on the books...just a "conflict of interest" type of thing.

My mom and step-dad were small-time developers. They sold and financed lots of property over the years. There were never the borrower, but usually held the mortgage.

When they moved closer to me, the title company was 250 miles away. The title company sent me documents and I notarized them for my parents. All closings became remote at that point. I did a lot of their documents for them...kind of a family business thing. Seemed like a good idea at the time. I have a different view now.

All those transactions have long since passed and are moot. Her lawyer (and the lawyer I worked for) saw no conflict of interest, then my step-dad died and suddenly we both saw a big conflict of interest --- now *I* definitely see a conflict of interest as I am her only heir at law. Mother recently did a couple of transactions of this type and I told her that from my more mature perspective I felt that it would be better if she went to another notary.

As her first heir in lineage, I believe I do have a conflict of interest--interest in feathering my own nest, if I were so of mind. If I had a sibling from Mother, I think it would make it worse.

If I were the notary, I would not do it, even though I don't see a direct conflict of interest in what you are talking about. In retrospect, I would not have done it. Whew...all those transactions have fulfilled their purpose and so I am in the clear...if there ever would be a question.

Reply by JanetK/CA on 4/21/05 12:46am
Msg #33051

This is a great example of why this is a bad idea - even though in CA it doesn't specifically prohibit it. Sounds like the "no"s have it!

Reply by Deno88TX on 4/26/05 11:09am
Msg #34029

Yep, check your states' laws, you can't sign for relatives

Reply by Melody on 4/20/05 8:18pm
Msg #33001

Nope

Daughter would inherit at least part of Mum's property if Mum suddenly died of a hummingbird attack.

Daughter has a personal interest in the docs.

Don't go there.

Reply by Sylvia_FL on 4/20/05 8:31pm
Msg #33004

In some states she could notarize for her mother, but it is never ever a good idea to notarize for family members.