Posted by TheresaCA on 12/10/05 1:41am
Msg #81607

What would you do?

I had a signing for a 76yr old man. First of all, his ID has no "SR" which does not match the docs. Two credible witnesses said the SR was his dad and he is suppose to be JR, so I can't do the signing. They told me that he was assuming that he is a SR now because his dad passed away. Also, they told me that he does not really need the loan, he just bought someone big screen tv because the lady ask, he bought 3 older cars even if he does not drive, bought someone a pick up truck and so forth. I told the loan officer that I cannot complete the signing because of the ID and I told him that the borrower does not seem to know what he was doing. He told me that they are going to redraw the docs with the correct name and that it is none of my business on what he wants to do with his money. LO told me that the borrower made the phone calls and basically provided him with documents that he needed. If you were in my situation, would you do the signing?

Reply by ReneeK_MI on 12/10/05 3:44am
Msg #81609

No, I would not, and I would advise the title co involved of my concerns. Key to this decision is your statement that he "...does not seem to know what he is doing."

My father-in-law went through this exact behavior during the initial stages of Alzheimer's. He most certainly could SEEM 'okay' at times - but God Bless the bank teller who contacted us out of the exact same concern YOU are expressing. Before we were even aware, he'd given an incredible amount of money to a complete stranger, who had cued in on his ... level of cooperation.

Reply by TheresaCA on 12/10/05 9:25am
Msg #81634

The borrower and the supposed to be two subscribing witnesses has been friends for over 55 years so I ask them contact his sons and daughters to make them aware of the situation. I told them that I was not going back to do the signing of the new docs but someone might.

Reply by Danny_FL on 12/10/05 7:57am
Msg #81620

The Notary Public Code of Professional Responsibility
Guiding Principle III, Art. C. Awareness Essential in Signer:

"The Notary shall not notarize for any person if the Notary has a reasonable belief that can be articulated that the person at the moment is not aware of the significance of the transaction requiring a notorial act."

Florida Statues, Title X, Chap 117
117.107 Prohibited Acts:

"A notary public may not notarize a signature on a document if it appears that the person is mentally incapable of understanding the nature and effect of the document at the time of notarization.

Georgia Code Annotated, Title 45, Chap 17
~45-17-8
(b) No notary shall be obligated to perform a notarial act if s/he feels such act is...
(3) For a person whose demeanor causes compelling doubts about whether the person knows the consequences of the transaction requiring the notarial act...


So, in a nutshell, I would not complete the act. I would suggest you check CA primer on "Awareness" of the client. That would be your best information.

Danny

Reply by Lee/AR on 12/10/05 10:17am
Msg #81656

Hmmm... tough one. I'd say contact son, daughter if you can & let them handle Dad. Or Social Services, Dept. of Aging in your area & tell them what you know. Then get out of the whole thing as fast as possible. Some notary will go & do this one and it's obvious that this man's incompetancy is being taken advantage of by someone. LO has never had a face-to-face with this man nor does he know what you know. Is LO gonna be happy with you? No. Will you sleep better at night? Yes.

Reply by TitleGalCA on 12/10/05 3:39pm
Msg #81727

I agree with many of the posters here and would urge you to contact sons and daughters if at all possible.

Is it your responsibility? No. Will the LO be happy with you? No, and who cares. If the LO is willing to take advantage of this gentleman, knowing your concerns and perhaps being suspicious himself, that only makes him lower than pond scum.

I'd urge you because now and then, someone comes along that can make a difference and that person could be you. If you're wrong, then the harm is you may have cause the LO inconvenience, and caused some kids to go check on Dad. But if you're right, you just protected and elderly person who was being taken advantage of - and that makes you a better human being as well as a very good notary.