Posted by Pooh/CA on 3/3/05 1:31pm
Msg #23459

Questioning a document????

I would like to know why alot of the notaries in this forum question what they are to notarize?
I am normally given instructions and the ack or jurat forms are normally attached, don't we just notarize what we are given. If papers are incomplete then I can see questioning but isn't this our job to just notarize and get done. Alot of these people are questioning what a lender or SS company wants notarized and unless I legally can't notarize the document I usually don't ask questions. Am I doing something wrong? We're not attorneys so I can't really comment on documents.

Reply by Art_MD on 3/3/05 1:36pm
Msg #23462

We are not just notaries. We are performing a signing. It is our obligation, within the law, to do the best job we can for our employer. If we feel he has made a mistake, we should try and get it resolved.
A question re: who signs what is of legitimate concern. We are not practicing law, we are trying to fulfill our obligation of completing a closing.

Art

Reply by Paul/MD on 3/3/05 2:06pm
Msg #23476


Jim Rohn, a Power Speaker once said that we need to have basic knowledge of every subject, including law. NOT saying that we are to practice law, but just enough not to get ourselves or those who we work for in hot water - not necessarily something illegal.

For example, a title from let's say Oregon sends me a DOT for Oregon and the property and closing is in Maryland. Well, I should have enough sense to question the document. No, it's probably not against the law if it was signed and notarized.... but it would sure cure a lot of issues of "will the loan fund?", "will the County Clerks Office reject the recording?", "will we get paid in a decent amount of time?" etc....

Reply by Stephanie/CA on 3/3/05 2:20pm
Msg #23479

I do not question any docs in a loan packet because I do not read the contents of a doc.
I make sure the notarial cert reflects the correct venue, date and name of signer.
I sign and place my seal on the cert & that's it other then scanning the doc for blanks.
By not reading the contents of the docs it spares me from trying to get out of answering questions from the borrowers.
I can direct them to a certain doc to answer a general question; however, I inform the borrower that I am not aware of the contents of their docs so I cannot answer questions...please call your Lender....
It is not my job to read & know the contents of a/all doc(s) in loan packet.

Reply by Art_MD on 3/3/05 2:29pm
Msg #23482

If you have a non-borrower on the deed, and the lender forgot to type in the non-borrowers name on the TIL, would you have the non-borrower sign?
If you don't even look at the docs, you wouldn't. If you understand the process and docs, you'd either call the title company or have the non-borrower sign.

The difference between a notary and a signing agent.

Art

Reply by Paul/MD on 3/3/05 2:33pm
Msg #23483


Stephanie,

That's why they passed a law in Maryland that all Notary Closers must be licensed because Notary's didn't have the basic knowledge of a mortgage or document contents.

I'm not trying to be a critic in any way.... but you at least want to have a limited knowledge if anything for YOURSELF to make sure there are no goof-ups.

That's why so many SS/Title Companies are looking for Certified Closers.

Reply by Pooh/CA on 3/3/05 2:46pm
Msg #23484

O.K. Well I'm a notary and a new signing agent. I passed my courses with flying colors, but I have to agree with Stephanie because I was told not to get into the legality of the documents and being new without being shown the ropes from another signing agent I'm not sure what I should be looking for like the comment about the non-borrowers signiture. If the signature is not requested,I won't know to look for it without being told by the lender or SS company.

Reply by Mysti_FL on 3/3/05 11:16pm
Msg #23568

IMHO, being new, it is extremely confusing at the beginning. When you take the certification class, they do tell you "not to review the docs' information". I don't. However, you HAVE TO look at the forms, know which they are, and theoretically the information it should contain (for instance, if there are two people there to sign and one of the forms only has one of their names, should you still have both sign--this is where I made a similar mistake).

To that end, I read a lot of the old posts here, I downloaded my governor's manual off the state's website and I look for other places to get info/certifies (see 123notary.com).

I think that there are a lot of folks here that are super knowledgeable and partly it is because of their years of experience as signers and partly its because their background is also in real estate, title companies, etc.