Posted by carol in ca on 6/9/05 12:20am
Msg #43419

signing with a translator

can i do a signing with a translator?

Reply by td on 6/9/05 12:25am
Msg #43421

Absolutely not! Check your notary handbook.

Reply by carol in ca on 6/9/05 12:27am
Msg #43423

Thank you, that's what I thought, and i didn't do the signing. It was for Sign on the X. I just wanted to double check that I was in the right...Thanks

Reply by SarahBeth_CA on 6/9/05 12:42am
Msg #43425

You might want to use the search feature for Sign on the X or type in SOX and read the feedback on them. If I remember correctly there's alot of negative on them.

Reply by SarahBeth_CA on 6/9/05 12:25am
Msg #43422

I'm sure that you could bring a translator along to translate Telemundo to you justfor fun while you and the borrower speak the same language..

All half-witted jokes aside you must be able to communicate in the same language with the borrower. Check the handbook, it's in there somewhere.

Reply by Jon on 6/9/05 1:53am
Msg #43433

Re: signing with a translator......YES

You can do a signing with someone translating for you. What you may not do, is notarize a document when you are unable to communicate with the signer(s). I have done signings where the borrowers did not speak very much english. They did however understand enough to be able to answer questions with regards to willingness and understanding what they were signing. I used a translator for the rest of signing.

Reply by SamIam_CA on 6/9/05 9:28am
Msg #43454

Re: signing with a translator......YES

Found this in the SOS book under "miscellaneous provisions" - no statute was indicated...

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

So Jon is correct. As long as they can either swear to or affirm the contents of the
affidavit or to acknowledge the execution of the document you are kosher. It sounds like acting as a notary public would be okay - but I don't think you'd be able to accomplish the job of a Signing Agent very effectively.

Reply by Terri_CA on 6/9/05 11:18am
Msg #43480

Re: signing with a translator......YES

Jon

I would never do this. Why? Because one spouse in their own language could be forcing or coercing the other into signing the documents and I wouldn't know it as I only speak and understand English.

I'm not saying what you do or have done is wrong, just that I wouldn't and why I wouldn't. We all do things I'm sure that someone else would never do. I know that only I have to defend my actions, not someone else.

Good Luck to you. I hope that this doesn't put you in a precarious position later down the road.

Terri
Lancaster, CA

Reply by Jon on 6/9/05 5:18pm
Msg #43605

Re: signing with a translator......YES

I hope you didn't misunderstand, I was able to communicate with the borrowers enough that we probably could have done the entire signing without a translator, it just would have taken a very long time. I verified with them the notarized docs, and used a translator for the rest. By the way, the translator was their 12 yr old daughter, I doubt there was much coercing going on. The loan officer spoke their language and everything was exactly as expected.

Reply by Terri_CA on 6/10/05 2:19am
Msg #43721

Re: signing with a translator......YES


Considering that the SOS says you can't use a translator, just my opinion that using one for part of the signing not requiring notarizations and not for those that do, is walking a very thin line. Again, this is just my opinion. Who's to say that they didn't understand what you were discussing in English, when after all, had to have a translator for the other documents?

I've had people smile and nod and say yes that they understood what I was saying, well I could tell that they didn't. Just not going to go anywhere near there myself. Again, I say good luck to you. Remember you may not be guilty, but it gives the appearance that there could be something wrong, is all. Their word against yours :( Something to consider and to ponder.

Terri
Lancaster, CA