Posted by Anonymous on 8/18/05 6:48pm
Msg #60035

Q about signing for a relative

My grandmother is selling her home and is in need of a mobile notary. She is asking me to do it but I am unsure if I can. Bottom line, I will not be benefiting from expect for charging my regular fee. Is this okay?

Reply by anon on 8/18/05 6:54pm
Msg #60037

you would charge your Grama a fee??????? Come on now!

Reply by Anonymous on 8/18/05 6:57pm
Msg #60038

Re: you would charge your Grama a fee??????? Come on now!

I know... I told her I wouldn't charge and she said, "She wouldn't have it any other way." Of course I would lower the price tremendously but I just want to do this legally.

Reply by Jon on 8/18/05 7:11pm
Msg #60043

Re: you would charge your Grama a fee??????? Come on now!

The answer to your question my well depend on what state you are located in. Try checking your state's notary laws to see if they address notarizing for relatives.

Reply by Anonymous on 8/18/05 7:19pm
Msg #60046

Re: you would charge your Grama a fee??????? Come on now!

Calif. laws states to be extremely cautious when signing for a relative do to possible personal benefit from the signing.

Reply by Jon on 8/19/05 6:56pm
Msg #60457

Re: you would charge your Grama a fee??????? Come on now!

If "Grandma" has you in her will or trust, you could "benefit" if she dies, as the sale will most likely increase her financial position. I'm not trying to be morbid, but it is something you should consider before making your decision. This is one of those situations that while not directly prohibited by law, it appears from the info you have given us that it would be wiser to refer her to a fellow notary to avoid the appearance of impropriety.

The bottomline is that if you feel comfortable, go ahead, you are responsible for your own actions and you will have to do the explaining if something comes up. Just remember that Ca has many slick lawyers that would try to spin the situation wrongly if given the chance.

Reply by Gerry_VT on 8/18/05 7:24pm
Msg #60048

The buyer might be suspicious if the notary is related to the seller, even if there is no good reason for suspicion.

Reply by Anonymous on 8/18/05 7:37pm
Msg #60051

That's true. We do have different last names so I don't see where they would be suspicious.

Reply by The Signing Doc on 8/18/05 8:15pm
Msg #60057

They may not be suspicious...but if you have the ask the question, then you have doubts yourself if it is "right". It may or may not be legal, but as a matter of appearance at least, you should not do it. At least I wouldn't do it, but "..to thyne own self be true..."

Reply by Julie-mi on 8/18/05 8:46pm
Msg #60063

Are you sure Grandma has a say?

If the buyer for grandma's house is taking a mortgage, the mortgage/title company dictates whom is doing the closing/notarizing; not the seller aka grandma.

if it is a cash sale then grandma has a voice.

Reply by Anonymous on 8/18/05 10:29pm
Msg #60085

Re: Are you sure Grandma has a say?

From what I was told it is a cash sale. She is going through a real estate agent and the agent told her since she was not in the same county as the sale and that she is ill she could get the documentation notarized where she was.